In a judgment delivered on Friday, Mr Justice Garrett Simons said the court would rule later on which documents are privileged. In the meantime, he said a list and description must be filed of all of the relevant documents received from the inspectors, which Mr Brophy and Mr O’Reilly want.
In a separate issue also ruled upon by the judge, he refused a request by Mr Buckley to impose a 2016 or 2017 cut-off date on documents that he must submit as part of the discovery process. Instead, he must make discovery on all documents up to the date on which Mr Brophy and Mr O’Reilly first threatened to sue him, in March 2020.
Mr Justice Simons said there was “no cogent evidence” before him for the 2016 or 2017 cut-off dates suggested by Mr Buckley, and which would have put certain communications with Mr Drennan’s office outside the scope of discovery.
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