Litigation privilege claim fails on ‘dominant purpose’ ground
May 2019
article
In Kelland Homes Ltd v Ballytherm Ltd [2019] IEHC 2019, the third named defendant, Covestro BV, failed to discharge the onus of proving that the dominant purpose of a series of eight emails was for apprehended litigation, and their claim of litigation privilege failed. The Plaintiff, a developer, had used insulation that was manufactured using a pre-mixed foam supplied by Covestro in the cons...
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