Downey v Murray
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1988 |
| Date | 01 January 1988 |
| Court | Queen's Bench Division (Northern Ireland) |
Waiver - Statement to solicitor - Dominant practice - Statement furnished to police on express condition - Whether waiver limited -Administration of Justice Act, 1970 (c. 31), s. 32 (1).
Some time after a motor accident the plaintiff consulted her solicitors and made a written statement to a partner in the firm. Shortly afterwards the plaintiff's solicitors sent a copy of the statement to the police subject to a condition that it should not be communicated to any other person. The defendant successfully sought an order for disclosure of the statement. On appeal. Held, allowing the appeal, that the plaintiff was entitled to claim legal professional privilege for the statement. In determining the purpose for which the document in question was made, the court should look at the first and immediate purpose, and not at a mere remote purpose. In the present case the dominant purpose was to enable the plaintiff's solicitors to prosecute a civil action, even though they may have had it in mind to furnish a copy to the police either in fulfilment of a citizen's duty to...
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