Coleman v MGN Ltd [2012] IESC 20 (15 March 2012)

The plaintiff failed to plead or provide evidence of internet publication of the Daily Mirror in 2003 accessible in Ireland, and thus failed to establish jurisdiction of the Irish courts over the alleged defamation.

Citation: [2012] IESC 20
Parties: Plaintiff/respondent: John Coleman; Defendant/appellant: MGN Limited
Jurisdiction: Ireland
Judgment Date: 15 March 2012
Procedural Posture: Appeal / Supreme Court Judgment on Appeal From High Court Order Refusing to Decline Jurisdiction
Outcome: Appeal allowed; Irish courts have no jurisdiction over the subject matter of the proceedings.
Legal Topics: Jurisdiction, Internet Publication, Defamation, Council Regulation EC No. 44/2001, Proof of Publication

Private International Law Defamation Jurisdiction Internet Publication Council Regulation EC No. 44/2001 Proof of Publication

Case Brief

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Parties

John Coleman

Plaintiff/respondent

MGN Limited

Defendant/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court Order Refusing to Decline Jurisdiction

Legal Issues

1 Whether the Irish courts have jurisdiction over an alleged defamation published online by a UK-based newspaper
2 Whether there was sufficient pleading and evidence of internet publication accessible in Ireland to establish jurisdiction

Ratio Decidendi

Court Disposition

Appeal allowed; Irish courts have no jurisdiction over the subject matter of the proceedings.

Orders

Order that the Court has no jurisdiction over the subject matter of the proceedings.
No order as to costs in the High Court or Supreme Court.