Bank entitled to claim legal professional privilege where no evidence that solicitors involved in alleged wrongdoing

The Court of Appeal has allowed an appeal from the High Court, and set aside order that would have allowed inspection of privileged documents in a case involving allegations of a dual accounting system intended to defraud the Dublin Airport Authority. The plaintiff, a former employee, claimed the bank operated a system to underreport turnover, but the court found no evidence suggesting the bank's solicitors were involved in or aware of the alleged misconduct. The appeal focused on whether the bank's communications with its legal team were protected by privilege, despite the plaintiff's claims of moral turpitude. The Court of Appeal concluded that the crime/fraud exception to legal professional privilege was not engaged, as the bank's purpose in consulting its solicitors was to defend against the plaintiff's action, not to further any alleged fraud.