Gordon v The Irish Racehorse Trainers Association (Unapproved) [2022] IECA 303 (22 December 2022)

Gordon v The Irish Racehorse Trainers Association (Unapproved) [2022] IECA 303 (22 December 2022)

The Court held that the jury was entitled to find that the defendant acted with malice, defeating qualified privilege, and that the defendant was vicariously liable for the defamatory statements made by its officers, agents, and solicitor. The Court upheld the finding of liability and the award of damages, finding no error in the trial judge's directions or the jury's assessment of malice and damages.

Citation
[2022] IECA 303
Parties
Plaintiff/respondent: Chris Gordon; Defendant/appellant: The Irish Racehorse Trainers Association
Jurisdiction
Ireland
Judgment Date
22 December 2022
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court
Outcome
Appeal dismissed; High Court judgment and damages award affirmed.
Legal Topics
Qualified Privilege, Malice, Vicarious Liability, Agency, Damages, Aggravated Damages, Exemplary Damages
Defamation Tort Law Qualified Privilege Malice Vicarious Liability Agency Damages Aggravated Damages +1 more

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Parties

Chris Gordon

Plaintiff/respondent

The Irish Racehorse Trainers Association

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the defendant acted with malice on occasions of qualified privilege
  2. 2 Whether the defendant is vicariously liable for statements made by its officers or agents
  3. 3 Whether the defendant is liable for words spoken at meetings arranged by it

Ratio Decidendi

The Court held that the jury was entitled to find that the defendant acted with malice, defeating qualified privilege, and that the defendant was vicariously liable for the defamatory statements made by its officers, agents, and solicitor. The Court upheld the finding of liability and the award of damages, finding no error in the trial judge's directions or the jury's assessment of malice and damages.

Court Disposition

Appeal dismissed; High Court judgment and damages award affirmed.

Orders

  • The appeal is dismissed.
  • The award of €300,000 in damages, including aggravated and exemplary damages, is affirmed.