Litigation Privilege: Does it Extend to Non-Legal Advisors?

Posted in : Labour & Superior Court Case Law Review Panel on 27 July 2018
Claire Bruton BL
Issues covered:

Whilst the recent judgment of the Court of Appeal in Aer Lingus plc v The Minister for Finance and others ([2018] 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

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Register

This article is correct at 27/07/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Claire Bruton BL

The main content of this article was provided by Claire Bruton BL. Contact telephone number is +353 1 817 7320 or email

View all articles by Claire Bruton BL