Judge to decide if FAI documents are legally privileged in relation to ODCE probe
A High Court judge is to consider if several documents given by the FAI to the Office of Director of Corporate Enforcement are legally privileged or not.
The application, made under the 2014 Companies Act against the FAI, comes as part of a probe by the ODCE into "certain matters" concerning the association.
The material was provided by the FAI to the ODCE last week.
Today, Ms Justice Leonie Reynolds was handed copies of the documents at the centre of the claim.
However, the judge has adjourned the case to 3 pm today so that certain matters can be clarified.
The FAI, represented in Court by Shane Murphy SC, claims that certain material, in parts of 10 documents, is legally privileged.
The material in question is legal advice given to the association's board by the interim CEO Ms Rea Walshe, who is a qualified solicitor and has in her various roles with the FAI acted as its internal legal advisor.
The claims of privilege are made to protect the association's position against third parties, as district from the ODCE.
The ODCE, represented by Elva Duffy Bl, said it was now accepted by both sides that the application concerning the material, made under provisions of the Companies Act, had to be made.
Last Friday lawyers for the ODCE told the High Court that its application concerns "potentially legally privileged material", which was part of a series of documents given to it by the FAI.
On April 19 last it issued a notification requiring FAI to hand over copies of books and documents.
The documents sought include the minutes of all meetings of the FAI Board of Directors and Committees of the board for the period January 1, 2016, to March 21, 2019, inclusive.
On Wednesday, May 1, the FAI produced the required documentation, and also placed several documents, in a sperate container, which the association seeks to claim privilege over.
The integrity of the allegedly privileged material supplied by the association has been maintained, the ODCE.
