Having a thorough and clear understanding of legal professional privilege is essential to every Irish legal practitioner, but until now there has been no comprehensive guide to the subject. Legal Professional Privilege provides the first in depth treatment of this, the most prominent of evidentiary privileges, which entitles a client to withhold relevant information from disclosure in legal proceedings.
A range of issues relating to privilege are discussed including the role of privilege in discovery and disclosure and the circumstances in which privilege may be waived.
There are countless cases that have impacted on the law in this area. Legal Professional Privilege ensures you are fully up to speed with the latest developments and their implications.
Prominent Irish cases covered include: Smurfit Parisbas Bank Ltd v AAB Export Finance Ltd [1990] 1 IR 469; Fyffes plc v DCC plc [2005] 1 IR 59; Ahern v Judge Mahon & Others [2008] IEHC 118; Moorview Developments Ltd v First Active plc [2009] 2 IR 788. Also detailed, is the impact of a significant recent decision of the Court of Justice of the European Union: Case C-550/07P Akzo Nobel Chemicals Ltd v Commission, judgment of 14 September 2010, [2010] 5 CMLR 19. In addition, the rules of court relating to discovery also bear on the subject, most notably, the Rules of the Superior Courts 1986 as amended, O 31, r 12 & r 29.