LAWYERS FOR IBRC have raised concern in the High Court that legal advice given to the bank about its relationship with Denis O’Brien could be raised in the Dáil
Michael Collins SC for the bank said that it would be “extremely unlikely” that this would happen but that it would cause a conflict of privilege. “I sincerely hope nobody would bring that about,” he added.
Judge Donald Binchy said that he “echoed” the hope that this would not happen but added that, “this is out of the control of anyone in this room.”
Lawyers for Denis O’Brien, RTÉ and IBRC were back in court this morning as the broadcaster seeks to make changes to the injunction granted to the businessman on 21 May.
It follows an injunction granted in favour of the billionaire against RTÉ in relation to details of his debts to IBRC, the former Anglo Irish Bank.
After the injunction was granted, Catherine Murphy TD made comments in the Dáil about what she called “extremely favourable interest rates” received by O’Brien from IBRC when repaying loans.
A number of media organisations, including TheJournal.ie, received a letter from O’Brien’s legal team after her comments were published.
The injunction also prevented RTÉ from broadcasting details of legal advice provided to IBRC about its banking relationship with O’Brien.
RTÉ did not dispute during the case that legal professional privilege attaches to all or part of documents comprising legal advice.
During today’s hearing, counsel for RTÉ said it had been hoped that affidavits relating to their new request would have been submitted by Wednesday. David Holland SC, for RTÉ, said they had not been recived until Thursday.
The hearing has been adjourned until Wednesday at 10am.
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