Tracey v Independent Newspapers (Ireland) Ltd & Ors [2019] IESC 69 (30 July 2019)

Tracey v Independent Newspapers (Ireland) Ltd & Ors [2019] IESC 69 (30 July 2019)

For the reasons set out in the Irish Times judgment, the High Court order should not stand and the matter should be remitted to the High Court for rehearing.

Citation
[2019] IESC 69
Parties
Plaintiff/appellant: Kevin Tracey; Defendant/respondent: Independent Newspapers (Ireland) Limited; Defendant/respondent: Philip Molloy; Defendant/respondent: Paul Dunne; Defendant/respondent: Gerry O'Regan; Defendant/respondent: Michael Denieffe
Jurisdiction
Ireland
Judgment Date
30 July 2019
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Defamation by Newspaper, Clarification of Published Statements, Probation of Offenders Act, Remittal for Rehearing
Defamation Media Law Defamation by Newspaper Clarification of Published Statements Probation of Offenders Act Remittal for Rehearing

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Parties

Kevin Tracey

Plaintiff/appellant

Independent Newspapers (Ireland) Limited

Defendant/respondent

Philip Molloy

Defendant/respondent

Paul Dunne

Defendant/respondent

Gerry O'Regan

Defendant/respondent

Michael Denieffe

Defendant/respondent

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the High Court's order regarding the defamation claim should stand
  2. 2 Whether the published statement that the plaintiff was 'convicted of assault' was accurate or defamatory

Ratio Decidendi

For the reasons set out in the Irish Times judgment, the High Court order should not stand and the matter should be remitted to the High Court for rehearing.

Court Disposition

Appeal allowed

Orders

  • High Court order set aside
  • Matter remitted to the High Court for rehearing subject to observations in Irish Times judgment