Former FAI boss John Delaney ordered to pay costs of failed effort to claim legal privilege

The High Court has ordered former Football Association of Ireland CEO John Delaney to pay the bulk of the costs of his failed effort to claim legal professional privilege over documents seized from the FAI by the corporate watchdog.

Ms Justice Leonie Reynolds granted most of the costs of the prolonged hearings over privilege to the Office of the Director of Corporate Enforcement (ODCE).

She also granted costs against him in relation to his separate failed application to have the privilege issue heard by the court in private as Mr Delaney had claimed they would affect family law proceedings.

Solicitor Simon McAleese, on behalf of the Sunday Times, which had objected to Mr Delaney's in-camera application, urged the judge to grant his client's costs as the court had pointed out at the time that the application was premature.

Ms Justice Reynolds had ordered the case should continue until the family law issue arose, but it never did.

Paul McGarry SC, for Mr Delaney, urged that both sides pay their own costs because ultimately no final order was made by the court in relation to the in-camera application.

Ms Justice Reynolds said when the in-camera application was before her some 18 months ago, she formed the view that it was premature, and no specific issues had been raised by Mr Delaney as to why it should be in private.

She had given liberty to raise it again as the case went on but it had "never arisen" and she was therefore striking out Mr Delaney's application and awarding costs to the newspaper.

The judge was also told by Patrick Gageby BL, for the FAI, that his client was concerned Mr Delaney was trying to go behind another order of the court where privilege over certain association documents was granted.

Mr Gageby said