The High Court will receive a report next week containing recommendations about what documents seized by the ODCE from the FAI should be deemed covered by legal privilege.
Many of the documents at issue relate to the FAI's former CEO John Delaney.
The report, compiled by two independent barristers Niall Nolan Bl and Patrick Mair Bl will be delivered to Ms Justice Leonie Reynolds next Monday.
The report will make recommendations on what documents and material should be deemed covered legally professional privileged, and therefore cannot be used by the ODCE as part of criminal investigation into certain events at the FAI.
The report arises out of proceedings brought by the ODCE against the FAI, where the UK based Mr Delaney is a notice party.
Legal privilege
The action was brought after 280,000 files covering a 17-year period were seized by the Office of the Director of Corporate Enforcement as part of its investigation.
Following the seziure the High Court has been asked to determine which of that material is covered by legal privilege, and cannot be used by the ODCE as part of its probe.
To assist the court in its determination barristers Niall Nolan Bl and Patrick Mair Bl were appointed as independent persons to review materials over which claims of legal privilege are made by Mr Delaney.
Claims of legal professional privilege have been made in respect of approximately 1,000 documents by the FAI and over 3,500 documents by Mr Delaney.
At the High Court on Tuesday the judge was told the report, which will not contain any of the documents over which privilege is claimed, will be given to the court and the parties only on next Monday.
The court heard there are some issues, including the ODCE's concerns about what information it will receive.
However, the court also heard that discussions are to take place between the parties to try and resolve these matters. The matter was adjourned to Tuesday of next week.
The Judge, welcomed the ongoing efforts to narrow the issues and noted the report could raise issues of sensitivity.
