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ODCE 'sceptical' Delaney documents are legally privileged, High Court hears

Summary

In a High Court hearing on 22 October 2021, the Office of the Director of Corporate Enforcement (ODCE) expressed scepticism that about 1,100 documents seized from former FAI CEO John Delaney are protected by Legal Professional Privilege (LPP). The ODCE, which seized 280,000 documents from the FAI in February 2020, seeks to use the material in its ongoing criminal investigation but argues that many documents may not be privileged because some were sent to non‑lawyers. Delaney, represented by Paul McGarry SC, contends that the documents contain legal advice given to him during litigation while he was with the Association and therefore should be privileged. The ODCE has requested details of any outstanding litigation involving Delaney and has asked the court to order him to provide this information within two weeks. Justice Leonie Reynolds directed that Delaney's lawyers be granted five days' access to the seized material so he can comply with the order.

Who, what, where, when and why

What: Report matter: ODCE 'sceptical' Delaney documents are legally privileged, High Court hears. Procedural stage: hearing_or_decision

When:

• February 2020 Other
• 2021-10-22 Publication

Why: Paul McGarry SC, for Mr Delaney, said it would be difficult for his client to provide the information sought by the director because some of the litigation occurred decades ago. CNI source report

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report