Chris Stackpoole (led by DM Logan KC) appeared for the Plaintiffs/Respondents, instructed by Irish Bentley Lawyers.
Brise and Ors applied for orders that Converging Momentum and Ors disclose legal advice provided by Converging Momentum’s solicitors in relation to the sale of shares in the company. The application ultimately concerned whether the plaintiffs have impliedly waived privilege over those otherwise privileged advices. The court held that there was no conduct by the plaintiffs that has led to the waiver of legal professional privilege. The court reasoned that legal professional privilege is rule of substantive law, and that litigation ought to be conducted where all documentary evidence is available, also recognising that a consequence of a successful claim may be that the party who needs to evidence to discharge the burden of proof will fail. The application was dismissed, and the defendants were ordered to pay the plaintiffs’ costs of the application on a standard basis.
The judgment can be read by clicking here
