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Court of Appeal dismisses appeal from High Court, and affirms refusal to grant discovery of certain without prejudice correspondence passing between the Central Bank and the Irish National Building Society (INBS) regarding the settlement of an administrative inquiry, on the grounds that it would be necessary for the plaintiff to demonstrate that the Central Bank had actually abused the legal professional privilege so far as the conduct of the litigation was concerned before the court could – or should – sanction the lifting of the litigation privilege, and that privilege was not waived by making a public statement regarding the INBS settlement.
Discovery in judicial review proceedings – appeal of refusal to order discovery of certain without prejudice correspondence passing between the Central Bank and the Irish National Building Society regarding the settlement of an administrative inquiry – legal professional privilege – Part IIIC of the Central Bank Act 1942 – Credit Institutions (Stabilisation) Act 2010 – challenge to the validity of the settlement – whether privilege attaches to settlement documentation – it would be necessary for the plaintiff to demonstrate that the Central Bank had actually abused the privilege so far as the conduct of the litigation was concerned before this Court could sanction the lifting of this litigation privilege – waiver – whether the Central Bank waived its privilege by making a public statement regarding the INBS settlement – appeal dismissed.
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