Evidence – Closed Book Exam – Law – 2026 – Exam Questions
and Review Material
Legal professional privilege comprises - correct answer ✔✔ 1. Legal Advice Privilege 2. Litigation
Privilege and 3. Without Prejudice Statements
Legal advice privilege. - correct answer ✔✔ gives clients the assurance that they can
communicate with their lawyers in private
Litigation Privilege - correct answer ✔✔ allows lawyers the freedom to prepare for trial without
revealing their strategy to the other side
Without prejudice privilege - correct answer ✔✔ fosters the settlement of proceedings
A party or individual who things they are entitled to privilege - correct answer ✔✔ must assert
the issue before the court because it is not a right
Finlay CJ in Smurfit Paribas Bank Ltd v AAB Export Finance Ltd [1990] 1 IR 469, 476, [1990] ILRM
588, 593: - correct answer ✔✔ Privilege restricts the power of a court to compel the production
of what would otherwise be relevant evidence. It may thus impede the proper administration of
justice in the individual case." - he goes on to say that privilege is exceptional. Privilege only
granted in "instances which have been identified as securing an objective which in the public
interest in the proper conduct of the administration of justice can be said to outweigh the
disadvantage arising from the restriction of disclosure of all the facts"
Irish Bank Resolution Corporation Ltd v Quinn [2015] IECA 84, para 25 (Mahon J): - correct
answer ✔✔ 'One of the great bulwarks of our legal system is the almost absolute right to claim
legal professional privilege and to protect from disclosure documentation which correctly falls
into that category. The entitlement to prevent disclosure of privileged documentation has been
repeatedly stated and reaffirmed in a succession of Court decisions'.
, Anderson v Bank of British Columbia 1876 - correct answer ✔✔ ; that he should be able to place
unrestricted and unbounded confidence in the professional agent, and that the communications
he so makes to him should be kept secret,
Three Rivers (No 6) [2005] 1 AC 610 at 646 - correct answer ✔✔ "Privilege cannot be overridden
by some supposedly greater public interest. It can be waived by the person, the client, entitled
to it and it can be overridden by statute, but it is otherwise absolute. There is no balancing act
that has to be carried out ..." (per Lord Sco
Conditions for Legal Advice Privilege - correct answer ✔✔ The material protected by legal
advice privilege comprises a confidential communication made in the context of a professional
legal relationship for the purpose of giving or receiving legal advice.
Bord na gCon v. Murphy (1970) - correct answer ✔✔ Client instructed lawyer to write to Bord
na gCon on his behalf, was this letter privileged as it contained protected communications? SC
said no, clearly not intended to be confidential - intention of the client was binding.
presence of third party means destruction of confidentiality, unless - correct answer ✔✔ agency
or multiparty proceedings where parties have joint or common interests
Miley v. Flood (2001) - correct answer ✔✔ it could not be said that client identity privilege was
a recognised component of legal professional privilege. Even if it could be said to have been so
recognised, it could only be in circumstances where disclosure of such information would
incriminate or reveal the actual advice given by the lawyer to the client
Tromso Sparebank v Beirne 1989 - correct answer ✔✔ as legal professional privilege existed for
the purpose of ensuring confidentiality between client and legal adviser, there was no reason
why the copy documents obtained by the plaintiff bank for the purpose of seeking legal advice,
not being in themselves privileged, should attract such privilege merely by being sent to their
legal advisers;
and Review Material
Legal professional privilege comprises - correct answer ✔✔ 1. Legal Advice Privilege 2. Litigation
Privilege and 3. Without Prejudice Statements
Legal advice privilege. - correct answer ✔✔ gives clients the assurance that they can
communicate with their lawyers in private
Litigation Privilege - correct answer ✔✔ allows lawyers the freedom to prepare for trial without
revealing their strategy to the other side
Without prejudice privilege - correct answer ✔✔ fosters the settlement of proceedings
A party or individual who things they are entitled to privilege - correct answer ✔✔ must assert
the issue before the court because it is not a right
Finlay CJ in Smurfit Paribas Bank Ltd v AAB Export Finance Ltd [1990] 1 IR 469, 476, [1990] ILRM
588, 593: - correct answer ✔✔ Privilege restricts the power of a court to compel the production
of what would otherwise be relevant evidence. It may thus impede the proper administration of
justice in the individual case." - he goes on to say that privilege is exceptional. Privilege only
granted in "instances which have been identified as securing an objective which in the public
interest in the proper conduct of the administration of justice can be said to outweigh the
disadvantage arising from the restriction of disclosure of all the facts"
Irish Bank Resolution Corporation Ltd v Quinn [2015] IECA 84, para 25 (Mahon J): - correct
answer ✔✔ 'One of the great bulwarks of our legal system is the almost absolute right to claim
legal professional privilege and to protect from disclosure documentation which correctly falls
into that category. The entitlement to prevent disclosure of privileged documentation has been
repeatedly stated and reaffirmed in a succession of Court decisions'.
, Anderson v Bank of British Columbia 1876 - correct answer ✔✔ ; that he should be able to place
unrestricted and unbounded confidence in the professional agent, and that the communications
he so makes to him should be kept secret,
Three Rivers (No 6) [2005] 1 AC 610 at 646 - correct answer ✔✔ "Privilege cannot be overridden
by some supposedly greater public interest. It can be waived by the person, the client, entitled
to it and it can be overridden by statute, but it is otherwise absolute. There is no balancing act
that has to be carried out ..." (per Lord Sco
Conditions for Legal Advice Privilege - correct answer ✔✔ The material protected by legal
advice privilege comprises a confidential communication made in the context of a professional
legal relationship for the purpose of giving or receiving legal advice.
Bord na gCon v. Murphy (1970) - correct answer ✔✔ Client instructed lawyer to write to Bord
na gCon on his behalf, was this letter privileged as it contained protected communications? SC
said no, clearly not intended to be confidential - intention of the client was binding.
presence of third party means destruction of confidentiality, unless - correct answer ✔✔ agency
or multiparty proceedings where parties have joint or common interests
Miley v. Flood (2001) - correct answer ✔✔ it could not be said that client identity privilege was
a recognised component of legal professional privilege. Even if it could be said to have been so
recognised, it could only be in circumstances where disclosure of such information would
incriminate or reveal the actual advice given by the lawyer to the client
Tromso Sparebank v Beirne 1989 - correct answer ✔✔ as legal professional privilege existed for
the purpose of ensuring confidentiality between client and legal adviser, there was no reason
why the copy documents obtained by the plaintiff bank for the purpose of seeking legal advice,
not being in themselves privileged, should attract such privilege merely by being sent to their
legal advisers;
