FAI seeks to have legal advice given to it deemed priviledged
A High Court judge is to consider if certain information contained in 10 documents given by the FAI to the Office of Director of Corporate Enforcement is legally privileged or not.
The materials which the FAI claims are privileged includes legal advice it received from its Interim CEO Ms Rea Walshe, who is a qualified solicitor and is described as the FAI's internal legal advisor.
The material is contained in the minutes of several meetings of the association's board of management held between February 2016 and March 2019.
The items include legal advice it received from Ms Walshe in February 2016 over an agreement with a prospective sponsor, and in November that year of the FAI's potential liability over possible and ongoing legal actions against it.
It also seeks to have legal advice it received regarding an internal investigation and the rights of affected parties to bring appeals to the Court of Arbitration for Sport in June 2017.
Other matters it seeks to claim privilege over are legal advice from Ms Walshe regarding disciplinary matters in December 2017 and legal advice concerning an application from one of its members concerning an application for a licence in January 2018.
Privilege is claimed over legal advice it received in February 2018 over a strategy to meet a potential injunction by a third party, and over legal advice concerning a complaint regarding a member organisation in April 2018.
The FAI further claims privilege over material put before board meetings in February and March 2019 from Ms Walshe concerning its litigation strategy in a matter before CAS, and over an entitlement of a third party to evidence relating to a matter under investigation by the association.
Ms Justice Leonie Reynolds, who will determine if the material is legally privileged or not, was today provided with the documents which the FAI claims privilege over.
An issue in the case which the Judge has sought clarification over is whether Ms Walshe can be considered as the association's internal legal advisor.
This is because of the number of different titles Ms Walshe has held with the association, including company secretary since she was appointed as the FAI's head of Legal and Licensing in 2014.
The FAI, represented by Shane Murphy SC, says despite holding the different roles Ms Walshe has worked principally as a legal advisor to the association and provided legal advice to it on a range of issues.
The ODCE, represented by Elva Duffy Bl, says that there is insufficient evidence before the court that Ms Walshe was qualified to give legal advice to the association at the relevant meetings given that she had different titles with the FAI.
The Judge, who said the issue could be a red herring, asked if Ms Walsh continues to be the FAI's legal advisor after she became company secretary, or if another person had taken up that role.
The Judge also suggested that in aid of the application the ODCE's lawyers be allowed to inspect the documents at the centre of the application.
The judge adjourned the matter to Tuesday to allow the sides to make further submissions on the application.
The ODCE application, made under the 2014 Companies Act against the FAI, comes as part of its probe into "certain matters" concerning the association.
The material was provided by the FAI to the ODCE last week.
The FAI claims privilege over certain contents of 10 documents it has provided to the ODCE. It claims that it has made the claim in respect of limited passages of the documents in order to protect the FAI's position against third parties and not the ODCE.
On April 19 last, the ODCE issued a notification requiring the 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, as well as the material the FAI claims is legally privileged. The integrity of that material has been maintained.
