Kinsella v Kenmare Resources plc & Anor [2019] IECA 54 (28 February 2019)

Kinsella v Kenmare Resources plc & Anor [2019] IECA 54 (28 February 2019)

The Court held that the jury's finding that the Press Release was defamatory was supported by the evidence and not irrational. The trial judge erred in holding that the Press Release was published on an occasion of qualified privilege, as there was no actual or imminent attack on Kenmare's character or conduct, and publication to the mass media was excessive and lacked reciprocity of duty and interest. The directions to the jury were adequate and any errors did not result in a miscarriage of justice.

Citation
[2019] IECA 54
Parties
Plaintiff/respondent: Donal Kinsella; Defendant/appellant: Kenmare Resources plc; Defendant/appellant: Charles Carvill
Jurisdiction
Ireland
Judgment Date
28 February 2019
Procedural Posture
Civil Appeal (defamation) / Court of Appeal Judgment on Appeal and Cross Appeal
Outcome
Appeal allowed in part; cross-appeal allowed; finding of qualified privilege set aside; damages award subject to further consideration.
Legal Topics
Qualified Privilege, Damages in Defamation, Jury Directions, Publication to Mass Media, Reciprocity of Duty and Interest
Defamation Tort Law Media Law Qualified Privilege Damages in Defamation Jury Directions Publication to Mass Media Reciprocity of Duty and Interest

Case Brief

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Parties

Donal Kinsella

Plaintiff/respondent

Kenmare Resources plc

Defendant/appellant

Charles Carvill

Defendant/appellant

Procedural Posture

Civil Appeal (defamation) / Court of Appeal Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the Press Release was capable of bearing a defamatory meaning as found by the jury
  2. 2 Whether the publication of the Press Release was on an occasion of qualified privilege
  3. 3 Whether the trial judge misdirected the jury regarding malice and hearsay

Ratio Decidendi

The Court held that the jury's finding that the Press Release was defamatory was supported by the evidence and not irrational. The trial judge erred in holding that the Press Release was published on an occasion of qualified privilege, as there was no actual or imminent attack on Kenmare's character or conduct, and publication to the mass media was excessive and lacked reciprocity of duty and interest. The directions to the jury were adequate and any errors did not result in a miscarriage of justice.

Court Disposition

Appeal allowed in part; cross-appeal allowed; finding of qualified privilege set aside; damages award subject to further consideration.

Orders

  • The finding of qualified privilege in favour of Kenmare is set aside.
  • The jury's finding of defamation is upheld.