Tracey v Independent Newspapers (Ireland) Ltd & Ors [2019] IESC 68 (30 July 2019)

Tracey v Independent Newspapers (Ireland) Ltd & Ors [2019] IESC 68 (30 July 2019)

The Supreme Court held that the President of the High Court erred in the order made, and that the same principles as in the Irish Times judgment apply. The appeal was allowed and the matter remitted to the High Court for re-hearing.

Citation
[2019] IESC 68
Parties
Plaintiff/appellant: Kevin Tracey; Defendant/respondent: Independent Newspapers (Ireland) Limited; Defendant/respondent: Gerry O'Regan; Defendant/respondent: Stephen Rea; Defendant/respondent: Tim Healy
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, Application of Probation of Offenders Act 1907, Remittal for Re Hearing
Defamation Media Law Defamation by Newspaper Application of Probation of Offenders Act 1907 Remittal for Re Hearing

Case Brief

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Parties

Kevin Tracey

Plaintiff/appellant

Independent Newspapers (Ireland) Limited

Defendant/respondent

Gerry O'Regan

Defendant/respondent

Stephen Rea

Defendant/respondent

Tim Healy

Defendant/respondent

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the article published by the respondent was false and defamatory
  2. 2 Whether the application of the Probation of Offenders Act, 1907, constitutes a criminal conviction
  3. 3 Whether the High Court erred in its order regarding the appellant's claim

Ratio Decidendi

The Supreme Court held that the President of the High Court erred in the order made, and that the same principles as in the Irish Times judgment apply. The appeal was allowed and the matter remitted to the High Court for re-hearing.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to the High Court for re-hearing