Meegan -v- Timesd Newspapers Ltd t/a The Sunday Times [2016] IECA 327 (09 November 2016)

It is premature to order discovery of journalists’ notes and background material based solely on a general and unspecific s.26 defence plea; discovery may only be ordered once the scope and particulars of the s.26 defence are clarified and the necessity and relevance of the documents are established.

Citation: [2016] IECA 327
Parties: Plaintiff/respondent: Lynda Meegan; Defendant/appellant: Times Newspapers Ltd.
Jurisdiction: Ireland
Judgment Date: 09 November 2016
Procedural Posture: Defamation Appeal / Appeal From High Court Order for Discovery
Outcome: Appeal allowed
Legal Topics: Discovery, Fair and Reasonable Publication Defence, Section 26 Defamation Act 2009, Journalistic Privilege

Defamation Civil Procedure Discovery Fair and Reasonable Publication Defence Section 26 Defamation Act 2009 Journalistic Privilege

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Parties

Lynda Meegan

Plaintiff/respondent

Times Newspapers Ltd.

Defendant/appellant

Procedural Posture

Defamation Appeal / Appeal From High Court Order for Discovery

Legal Issues

1 Whether a general plea of fair and reasonable publication under s.26 of the Defamation Act 2009 entitles a plaintiff to discovery of journalists’ notes and background material relevant to the publication, subject to privilege.

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Order for discovery set aside; plaintiff may seek discovery again if particulars of the s.26 defence are provided.