Andrews v Northern Ireland Railways Company Ltd
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1992 |
| Date | 01 January 1992 |
| Court | Queen's Bench Division (Northern Ireland) |
- Legal professional privilege - Plaintiff injured on defendant's train - Defendant compiling and sending accident reports to insurers -Plaintiff giving notice of litigation three months later - Whether reports attracting legal professional privilege - Whether litigation contemplated when reports prepared - Whether prospective litigation being the dominant purpose for which reports prepared.
On 16 August, 1989, the plaintiff suffered serious personal injuries when she fell out of the open door of the defendant's railway carriage as it approached a station. On 21 August the defendant forwarded to its insurers two reports on the accident, compiled by the conductor and the driver of the train. The plaintiff sent a letter of claim to the defendant in December, 1989, and in January, 1990, issued proceedings claiming damages in negligence. In the course of discovery the defendant objected to production of the August reports on the basis that they were protected from production by legal professional privilege. The defendant was ordered to produce the reports for inspection and appealed, contending that from the time of the accident it was extremely likely that a claim would be made and that litigation would follow and accordingly that the sole purpose of compiling the reports was to enable its insurers to commence their inquiries. In response the plaintiff contended that the defendant's privilege had not ripened at the time the documents were sent to the insurers, since a decision had yet to be taken whether to seek legal advice on any claim that the plaintiff might make. Held (Carswell J.) - Legal professional privilege would attach to a document prepared and sent to the insurer of a prospective defendant, where the purpose of the document was to report the accident to the insurer and it was probable that litigation would ensue, in order to allow the insurer...
To continue reading
Request your trial
-
James Mckee v Prudential Assurance Company Limited
...is the use of the contents in the conduct of litigation in reasonable prospect, is privileged. [8] In Andrews v Northern Ireland Railways [1992] NI 1 the plaintiff suffered serious personal injuries when she fell out of the open door of the defendant’s railway carriage as it was approaching......
-
Housing (Northern Ireland) Order 1992
...(2), in Chapter II of Part V of the Order of 1981 (land compensation matters), the following provisions shall cease to have effect- (a) 1992 NI 1(a) in Article 89(2)-(i) the words "and Schedule 7" ,(ii) in the definition of "demolition order" the words "or Schedule 7" ,(iii) the definition ......
-
Airports (Northern Ireland) Order 1994
...c. 53 (28) 1979 c. 38 (29) 1986 c. 31 (30) 1987 c. 43 (31) 1987 NI 20 (32) SI 1988/915 (33) 1989 c. 29 (34) 1991 c. 56 (35) 1991 c. 57 (36) 1992 NI 1 (37) 1967 c. 37 (N.I.) (38) 1971 c. 16 (N.I.) (39) 1975 c. 25 (40) 1971 c. 15 (N.I.) (41) 1989 NI 18 (42) 1989 NI 19 (43) 1954 c. 33 (N.I.) (......
-
Roads (Northern Ireland) Order 1993
...the Environment; "the Electricity Order" means the Electricity (Northern Ireland) Order 1992 ( c); (a) 1974 c. 28 (b) 1954 c. 33 (N.I.) (c) 1992 NI 1 "fence" includes a "footway" means a way comprised in a road which also comprises a carriageway, being a way over which the public have a rig......
-
Employment Rights (Northern Ireland) Order 1996
...whole Order. 1992 c. 9. The Social Security (Consequential Provisions) (Northern Ireland) Act 1992. In Schedule 2, paragraphs 5, 16 and 34. 1992 NI 1. The Electricity (Northern Ireland) Order Article 57(2) and (3). 1992 NI 5. The Industrial Relations (Northern Ireland) Order 1992. Articles ......