Case No. 18475

Supreme Court refuses John Delaney's appeal over CEA access to seized FAI documents

Former FAI CEO John Delaney challenged a High Court ruling that allowed the Corporate Enforcement Agency (CEA) to use just over 1,100 documents relating to him, which were among about 280,000 documents seized from the FAI in February 2020. In October 2022 the High Court found the documents were not covered by legal professional privilege, which Delaney had claimed, and the Court of Appeal rejected his appeal in 2023. On 26 January 2024 the Supreme Court dismissed his bid to hear a further appeal, finding it was not in the interests of justice to allow one, which brings the action to an end.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court26 Jan
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
  • Former FAI CEO John Delaney sought to appeal a lower court decision allowing the CEA to access certain documents seized from the FAI.
  • One source calls the CEA the Corporate Enforcement Agency and another calls it the Corporate Enforcement Authority, formerly known as the ODCE.
  • The CEA may use just over 1,100 documents relating to Delaney in its ongoing investigation.
Where
The documents were seized from the FAI as part of a criminal investigation into the football association.
When
  • The CEA seized about 280,000 documents from the FAI in February 2020.
  • On 26 January 2024 the Supreme Court dismissed Delaney's bid to hear a further appeal.
Cause
Delaney claimed the documents were covered by legal professional privilege, while the CEA argued that privilege did not apply.
In court
  • In October 2022 the High Court found Delaney had failed to comply with an order and had not shown any individual document was privileged, so the documents could be accessed by the CEA.
  • The Court of Appeal rejected Delaney's appeal in 2023 and said his failure to comply with the court order was a deliberate attempt to shield documents from disclosure.
  • A three-judge Supreme Court panel found it was not in the interests of justice to allow a further appeal.
Other details
Delaney left the FAI in 2019 and was made a notice party to the proceedings because some seized documents relate to him.
16 statements extracted from the articles
  • whatThe Supreme Court dismissed former FAI CEO John Delaney's bid to hear his appeal against a lower court's decision allowing the CEA access to certain seized documents. (thejournal.ie)
  • whatThe Supreme Court dismissed John Delaney's bid to hear his appeal against a lower court's decision. (tipperarylive.ie)
  • whatThe Court of Appeal had earlier rejected Delaney's appeal against a High Court ruling that the CEA could use just over 1,100 documents relating to him. (tipperarylive.ie)
  • whenThe documents were seized from the FAI in February 2020. (thejournal.ie, tipperarylive.ie)
  • causeDelaney claimed the documents were covered by legal professional privilege. (thejournal.ie, tipperarylive.ie)
  • investigationThe CEA wants to use the material as part of its ongoing investigation. (thejournal.ie, tipperarylive.ie)
  • investigationThe CEA claimed that legal professional privilege did not apply to the material. (tipperarylive.ie)
  • courtThe Court of Appeal rejected Delaney's appeal against the High Court ruling the previous year. (thejournal.ie)
  • courtA three-judge Supreme Court panel found it was not in the interests of justice to allow a further appeal. (thejournal.ie)
  • courtIn October 2022 the High Court found Delaney had failed to comply with an order and had not shown any individual document was privileged. (thejournal.ie)
  • courtThe Court of Appeal said Delaney's failure to comply with the court order was a deliberate attempt to shield documents from disclosure. (thejournal.ie)
  • courtIn October 2022 the High Court judge ruled that the documents were not covered by privilege. (tipperarylive.ie)
  • courtThe High Court ruled the documents were not covered by legal professional privilege and could be accessed by the CEA. (tipperarylive.ie)
  • courtThe Supreme Court found it was not in the interests of justice to allow a further appeal. (tipperarylive.ie)
  • otherThe CEA argued that legal professional privilege did not apply to the material. (thejournal.ie)
  • otherDelaney left the FAI in 2019 and was made a notice party to the proceedings because some seized documents related to him. (thejournal.ie)

The reporting

newest first
  1. 27 Jan2024
    Court rejects Tipperary man's appeal over authority's access to documents seized from FAI

    Reports the Supreme Court's refusal to hear a further appeal in the legal professional privilege dispute over documents seized from the FAI, following the Court of Appeal and High Court rulings.

    suspect, John Delaney, male, named, irish (judged from name)John Delaney
  2. 26 Jan2024
    Supreme Court dismisses John Delaney's bid to hear appeal over CEA's access to seized documents

    Adds that the Supreme Court refused to hear a further appeal after the Court of Appeal dismissed Delaney's appeal in 2023, and gives the three-judge panel's reasoning and the Court of Appeal's findings on his privilege claims.

    suspect, John Delaney, named, irish (judged from name)John Delaney