Privilege: is a shareholder in dispute with a company entitled to inspect the company’s legal advice in relation to the dispute? 

The question of the distinction between shareholders and companies with regard to privilege often arises at a practical level for clients and their advisers. The Irish High Court has recently considered where the boundaries lie and has confirmed that a company can assert privilege over legal advice received in relation to an anticipated claim by a disgruntled shareholder as against the company and other shareholders: Carlo Tassara Assets Management SA v Éire Composites Ltd and Ors1.

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