Tracey v Independent Star Ltd & Anor [2019] IESC 67 (30 July 2019)

The balance of rights and reasoning in the Irish Times judgment applies; no factor justifies departing from that precedent. Appeal allowed and motion remitted for rehearing.

Citation: [2019] IESC 67
Parties: Plaintiff/appellant: Kevin Tracey; Defendant/respondent: Independent Star Limited; Defendant/respondent: Gerard Colleran
Jurisdiction: Ireland
Judgment Date: 30 July 2019
Procedural Posture: Defamation Appeal / Supreme Court Judgment
Outcome: Appeal allowed
Legal Topics: Defamatory Publication, Strike Out Proceedings, Delay in Service

Defamation Media Law Defamatory Publication Strike Out Proceedings Delay in Service

Case Brief

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Kevin Tracey

Plaintiff/appellant

Independent Star Limited

Defendant/respondent

Gerard Colleran

Defendant/respondent

Procedural Posture

Defamation Appeal / Supreme Court Judgment

Legal Issues

1 Whether the article published was defamatory
2 Whether proceedings should be struck out due to delay
3 Application of Order 19, Rule 28, Rules of the Superior Courts

Ratio Decidendi

The balance of rights and reasoning in the Irish Times judgment applies; no factor justifies departing from that precedent. Appeal allowed and motion remitted for rehearing.

Court Disposition

Appeal allowed

Orders

Motion remitted for rehearing in the High Court