The High Court has ruled that three letters examined in a dispute between Michael Colin Geoffrey McMullen and solicitor Giles J. Kennedy remained protected by legal professional privilege, and ordered their return to Kennedy.
The supplemental decision was given by Mr Justice Roderick Murphy on 24 July 2007. It followed a judgment on 17 July in proceedings concerning an application to inspect the litigation file of Kennedy, who practised as Giles J. Kennedy & Company, Solicitors.
The file related to separate High Court proceedings between McMullen and his former solicitors, Kent, Carty & Company. In the earlier judgment, the court refused inspection of the file except for document No. 174, a letter dated 17 May 1989 between Kennedy and his client, Admiral Underwriting Agencies (Ireland) Limited. The court held that privilege over that letter had been waived. It directed that the three preceding documents, numbered 171 to 173, be submitted for judicial examination.
After reviewing the documents, Justice Murphy said they matched their descriptions in the affidavit of discovery and dealt sequentially with the defence in the action. The court found no direct or indirect reference to undue influence, improper incentives or coercion intended to induce McMullen’s counsel to collaborate or give evidence without regard to privilege in the action McMullen v. Carty.
The judge also found no reference to a conspiracy or arrangement to defeat McMullen’s complaint. He said the letters provided no basis for finding that Kennedy had acted improperly through underhand, deceitful or coercive means, or otherwise.
The court concluded that none of the three documents fell within an exception to legal professional privilege. It ordered documents 171 to 173 returned to Kennedy. The supplemental decision addressed those documents; it did not reverse the earlier ruling concerning document No. 174.