Defamation – Plaintiff’s Right to Trial By Jury

In the recent decision of Padraig Higgins v Irish Aviation Authority [2016] IEHC 245 , Moriarty J considered whether pursuant to Section 23(1)(c) the plaintiff was entitled to have damages determined by a jury. Background This case concerned a claim by the plaintiff in respect of three emails alleged to have [...]

By |2019-10-18T10:24:57+00:00June 17th, 2016|Damages, Defamation, High Court, Investigation, Litigation, Witnesses|Comments Off on Defamation – Plaintiff’s Right to Trial By Jury

Defamation (Amendment) Bill 2014

The Oireachtas recently published the Defamation (Amendment) Bill 2014 ("the Bill") the purpose of which is to limit the damages certain public bodies may receive in defamation actions so as to protect public discourse from public bodies using the resources of the State and the powers granted to them by [...]

By |2019-10-18T10:25:58+00:00July 7th, 2014|Damages, Defamation, latest news|Comments Off on Defamation (Amendment) Bill 2014

Internet Defamation Claim – High Court No Jurisdiction to Hear Claim

The recent judgement in the case of CSI Manufacturing Limited v Dun and Bradstreet [2013] IEHC 547 was delivered by Justice Kearns on 29th November 2013 and concerned an appeal from the Circuit Court whereby the applicant sought an order under Section 28 of the Defamation Act 2009 that certain [...]

By |2019-10-18T10:26:20+00:00March 27th, 2014|Brussels Convention on Jurisdiction and Enforcement of Judgements in Civil and Commerical Matters, Circuit Court, Defamation, High Court, Internet|Comments Off on Internet Defamation Claim – High Court No Jurisdiction to Hear Claim

Investigation, Fair Procedure, Defamation and the “Ultra Vires” Rule

The recent case of Byrne v Irish Sports Council [2013] IEHC 438 concerned the issue of whether the Sports Council had acted ultra vires in respect of the appointment of a third party to investigate allegations against a Council member. Background The applicant was well known in sports including recently [...]

By |2019-10-18T10:21:03+00:00October 24th, 2013|Appeal, Appeal Hearing, data protection, Defamation, High Court, latest news, Litigation, Workplace Investigations|Comments Off on Investigation, Fair Procedure, Defamation and the “Ultra Vires” Rule

Freedom of Expression – Website Legally Responsible for Defamatory Postings

The judgement in Delfi AS v Estonia (64569/09) was delivered by the European Court of Human Rights ("ECHR") on 10th October 2013.The case was recently highlighted in the Irish Times on Saturday 12th October and we thought we would take a closer at the case in today's blog. Background Delfi [...]

By |2019-10-18T10:21:03+00:00October 21st, 2013|Defamation, latest news, Litigation|Comments Off on Freedom of Expression – Website Legally Responsible for Defamatory Postings

The Defamation Act 2009 and Remedies

In the second of our blog posts concerning the Defamation Act 2009, we look at the various remedies available under the Act. 1. Declaratory Order A new fast track remedy is now available under the Act whereby a person who claims to be the subject of a statement he or [...]

By |2019-10-18T10:20:33+00:00August 15th, 2013|Circuit Court, Defamation, High Court, Injunction, Internet, social media, Statute of Limitations (Amendment) Bill 2013|Comments Off on The Defamation Act 2009 and Remedies

Social Media and Defamation – UK High Court rules tweet was defamatory

In the recently published decision of  The Lord McAlpine of West Green v Sally Bercow [2013] EWHC 1342 (QB) the UK High Court ruled that a tweet published by Sally Bercow, the wife of the speaker of the British House of Commons, which falsely linked Lord McAlpine with an allegation of child sexual [...]

By |2019-10-18T10:20:11+00:00May 28th, 2013|Defamation, latest news, Litigation, social media|Comments Off on Social Media and Defamation – UK High Court rules tweet was defamatory

Bullying and Harassment Part 2 – Recent High Court case awards retired detective garda €85,000

Following on from our blog post yesterday, we will now look at the remaining six areas of complaint in respect of bullying and harassment alleged by the plaintiff in the recent High Court case of Browne v Minister for Justice, Equality and Law Reform and Others, judgement in which was [...]

By |2019-10-18T10:19:03+00:00January 30th, 2013|Bullying and Harassment, Contracts of Employment, Defamation, Grievance, Investigation, Personal Injury|Comments Off on Bullying and Harassment Part 2 – Recent High Court case awards retired detective garda €85,000

Bullying and Harassment – Recent High Court case awards retired detective garda €85,000

Reported in this month's Irish Health and Safety Review is the recent High Court case concerning a retired detective Garda who was awarded €85,000 after claiming that he was bullied, harassed and denied payment of expense claims. Justice Cross delivered his judgement on 4th December 2012 in the case of [...]

By |2019-10-18T10:19:04+00:00January 29th, 2013|Bullying and Harassment, Defamation, High Court, Investigation, Negligence, Victimisation|Comments Off on Bullying and Harassment – Recent High Court case awards retired detective garda €85,000

Defamation – Blogger apologies for defamatory tweets

Following an out-of-court settlement, a blogger has apologised for defamatory tweets posted in December 2012 about businessman Declan Ganley in what is seen as the first legal settlement in Ireland involving Twitter content. The settlement is expected to cause consternation amongst Twitter users in Ireland and result in more actions [...]

By |2019-10-18T10:17:03+00:00January 8th, 2013|Defamation, social media|Comments Off on Defamation – Blogger apologies for defamatory tweets