Mackin & Anor v O'Brien & Anor (Unapproved) [2024] IECA 43 (23 February 2024)

Mackin & Anor v O'Brien & Anor (Unapproved) [2024] IECA 43 (23 February 2024)

The Court of Appeal held that the High Court was correct to strike out the defences of truth and honest opinion because the alternative meanings pleaded by the defendants did not address the defamatory meanings complained of by the plaintiffs and did not share a common sting. The Court also upheld the High Court's discovery orders, finding no error in the exercise of discretion.

Citation
[2024] IECA 43
Parties
Plaintiff/respondent: Darragh Mackin; Plaintiff/respondent: Gavin Booth; Defendant/appellant: Denis O'Brien; Defendant/appellant: James Morrissey
Jurisdiction
Ireland
Judgment Date
23 February 2024
Procedural Posture
Civil Appeal / Appeal From High Court Interlocutory Orders
Outcome
Appeals dismissed
Legal Topics
Strike Out of Pleadings, Defence of Truth, Defence of Honest Opinion, Discovery, Pleading Alternative Meanings, Case Management in Defamation
Defamation Civil Procedure Strike Out of Pleadings Defence of Truth Defence of Honest Opinion Discovery Pleading Alternative Meanings Case Management in Defamation

Case Brief

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Parties

Darragh Mackin

Plaintiff/respondent

Gavin Booth

Plaintiff/respondent

Denis O'Brien

Defendant/appellant

James Morrissey

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Interlocutory Orders

Legal Issues

  1. 1 Whether the High Court was correct to strike out the defences of truth and honest opinion in defamation proceedings under the Defamation Act 2009
  2. 2 Whether the High Court was correct to refuse discovery sought by the defendants and to grant discovery sought by the plaintiffs

Ratio Decidendi

The Court of Appeal held that the High Court was correct to strike out the defences of truth and honest opinion because the alternative meanings pleaded by the defendants did not address the defamatory meanings complained of by the plaintiffs and did not share a common sting. The Court also upheld the High Court's discovery orders, finding no error in the exercise of discretion.

Court Disposition

Appeals dismissed

Orders

  • Defences of truth and honest opinion struck out
  • Discovery orders of the High Court affirmed