Gilchrist -v- Sunday Newspapers Ltd & ors Rogers -v- Sunday Newspapers Ltd & ors : Judgments & Determinations : Courts Service of Ireland [2017] IECA 191 (21 June 2017)

Gilchrist -v- Sunday Newspapers Ltd & ors Rogers -v- Sunday Newspapers Ltd & ors : Judgments & Determinations : Courts Service of Ireland [2017] IECA 191 (21 June 2017)

The article of 16th June 2013, considered in isolation, is not reasonably capable of bearing the imputations and meanings pleaded by the plaintiffs; the High Court judge erred in law by considering the earlier article as part of the context for the later article; only articles sufficiently closely connected or part of a series may be considered together for meaning, which was not the case here.

Citation
[2017] IECA 191
Parties
Plaintiff / Respondent: Patrick Benedict Gilchrist; Plaintiff / Respondent: Isabel Rogers; Defendant / Appellant: Sunday Newspapers Limited; Defendant / Appellant: Colm McGinty; Defendant / Appellant: Nicola Tallant
Jurisdiction
Ireland
Judgment Date
21 June 2017
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on S.14 Defamation Act 2009 Application
Outcome
Appeal allowed; High Court decision set aside
Legal Topics
Meaning in Defamation, Section 14 Defamation Act 2009, Contextual Interpretation of Publications, Imputations and Defamatory Meaning
Defamation Media Law Meaning in Defamation Section 14 Defamation Act 2009 Contextual Interpretation of Publications Imputations and Defamatory Meaning

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Patrick Benedict Gilchrist

Plaintiff / Respondent

Isabel Rogers

Plaintiff / Respondent

Sunday Newspapers Limited

Defendant / Appellant

Colm McGinty

Defendant / Appellant

Nicola Tallant

Defendant / Appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on S.14 Defamation Act 2009 Application

Legal Issues

  1. 1 Whether the High Court judge erred in law by considering the meaning of the article of 16th June 2013 in the context of the earlier article of 9th June 2013
  2. 2 Whether the article of 16th June 2013 is reasonably capable of bearing the imputations and meanings pleaded by the plaintiffs

Ratio Decidendi

The article of 16th June 2013, considered in isolation, is not reasonably capable of bearing the imputations and meanings pleaded by the plaintiffs; the High Court judge erred in law by considering the earlier article as part of the context for the later article; only articles sufficiently closely connected or part of a series may be considered together for meaning, which was not the case here.

Court Disposition

Appeal allowed; High Court decision set aside

Orders

  • The High Court order refusing the Newspaper's s.14 application is set aside.
  • The article of 16th June 2013 is not reasonably capable of bearing the pleaded imputations and meanings; those meanings cannot go to the jury.