Litigation Privilege: Does it Extend to Non-Legal Advisors?Posted in : Labour & Superior Court Case Law Review Panel on 27 July 2018
Whilst the recent judgment of the Court of Appeal in Aer Lingus plc v The Minister for Finance and others ( IECA 222) did not arise in an employment law context, the judgment is useful in its consideration of whether litigation privilege can be claimed over documents from an earlier set of proceedings, in a later set of proceedings.
Litigation privilege is designed to protect from disclosure of documents or records which were created with the dominant purpose of communications by a litigant with his or her professional lawyers or advisors. If such privilege applies, it prevents the opposite party from having sight of such documentation prior to the trial. Litigation privilege applies
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