Higgins -v- The Irish Aviation Authority [2018] IESC 29 (10 July 2018)

Higgins -v- The Irish Aviation Authority [2018] IESC 29 (10 July 2018)

Section 23(1)(c) of the Defamation Act 2009 does not expressly or by necessary implication remove the right to have damages assessed by a jury in High Court defamation actions following acceptance of an offer of amends. The phrase 'the court' in this context means a jury for the assessment of damages, consistent with the traditional and statutory role of juries in such cases. Absent clear legislative language to the contrary, this right remains unaffected.

Citation
[2018] IESC 29
Parties
Plaintiff/respondent: Padraig Higgins; Defendant/appellant: The Irish Aviation Authority; Plaintiff/respondent: Paul White; Defendant/appellant: Sunday Newspapers Limited
Jurisdiction
Ireland
Judgment Date
10 July 2018
Procedural Posture
Appeal (joined Appeals) / Supreme Court Judgment on Statutory Interpretation
Outcome
Appeal dismissed
Legal Topics
Assessment of Damages, Jury Trial, Statutory Interpretation, Offer of Amends, Defamation Act 2009
Defamation Civil Procedure Assessment of Damages Jury Trial Statutory Interpretation Offer of Amends Defamation Act 2009

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Parties

Padraig Higgins

Plaintiff/respondent

The Irish Aviation Authority

Defendant/appellant

Paul White

Plaintiff/respondent

Sunday Newspapers Limited

Defendant/appellant

Procedural Posture

Appeal (joined Appeals) / Supreme Court Judgment on Statutory Interpretation

Legal Issues

  1. 1 Whether a plaintiff is entitled to have damages assessed by a jury under s. 23(1)(c) of the Defamation Act 2009 after acceptance of an offer of amends, where parties cannot agree on damages or costs.

Ratio Decidendi

Section 23(1)(c) of the Defamation Act 2009 does not expressly or by necessary implication remove the right to have damages assessed by a jury in High Court defamation actions following acceptance of an offer of amends. The phrase 'the court' in this context means a jury for the assessment of damages, consistent with the traditional and statutory role of juries in such cases. Absent clear legislative language to the contrary, this right remains unaffected.

Court Disposition

Appeal dismissed

Orders

  • Respondents entitled to have damages assessed by a jury in the High Court under s. 23(1)(c) of the Defamation Act 2009.