Browne v. Tribune Newspapers plc t/a The Sunday Tribune [2000] IESC 74; [2001] 1 IR 521 (24th November, 2000)

Browne v. Tribune Newspapers plc t/a The Sunday Tribune [2000] IESC 74; [2001] 1 IR 521 (24th November, 2000)

The trial judge erred in law by permitting cross-examination of the plaintiff regarding previous defamation actions, as such evidence was not relevant to damages or credit and could be seriously prejudicial.

Citation
[2001] 1 IR 521
Parties
Plaintiff: Detective Superintendent Browne; Defendants: Sunday Tribune and others
Jurisdiction
Ireland
Procedural Posture
Defamation Appeal / Supreme Court Appellate Judgment
Outcome
Appeal allowed; High Court order set aside; new trial ordered on all issues.
Legal Topics
Mitigation of Damages, Cross Examination, Admissibility of Evidence, Jury Directions
Defamation Civil Procedure Mitigation of Damages Cross Examination Admissibility of Evidence Jury Directions

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 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Detective Superintendent Browne

Plaintiff

Sunday Tribune and others

Defendants

Procedural Posture

Defamation Appeal / Supreme Court Appellate Judgment

Legal Issues

  1. 1 Whether cross-examination of the plaintiff regarding previous defamation actions was admissible
  2. 2 Whether the trial judge erred in allowing such cross-examination
  3. 3 Whether the trial judge failed to properly direct the jury on legal issues

Ratio Decidendi

The trial judge erred in law by permitting cross-examination of the plaintiff regarding previous defamation actions, as such evidence was not relevant to damages or credit and could be seriously prejudicial.

Court Disposition

Appeal allowed; High Court order set aside; new trial ordered on all issues.

Orders

  • Order for retrial on all issues.