Guerin v O'Doherty (Approved) [2024] IEHC 110 (23 February 2024)

Guerin v O'Doherty (Approved) [2024] IEHC 110 (23 February 2024)

The defendant's conduct, including uncivil publications targeting the plaintiff's legal team, constitutes an improper attempt to interfere with the plaintiff's right to legal representation and the fair conduct of proceedings. The court's order of 23 January 2024 restraining the defendant from publishing assertions or images relating to the plaintiff's legal team is proportionate and justified under the court's inherent jurisdiction. Applications for further reliefs are struck out as not pursued or not justified on evidence.

Citation
[2024] IEHC 110
Parties
Plaintiff: James Guerin; Defendant: Gemma O'Doherty
Jurisdiction
Ireland
Judgment Date
23 February 2024
Procedural Posture
Defamation / Interlocutory Applications Before Retrial
Outcome
Applications for further interlocutory reliefs struck out; prior order restraining defendant's conduct remains; costs reserved for determination after retrial.
Legal Topics
Interlocutory Injunctions, Inherent Jurisdiction, Fair Trial Rights, Legal Representation, Sub Judice, Harassment, Professional Conduct
Defamation Civil Procedure Contempt of Court Interlocutory Injunctions Inherent Jurisdiction Fair Trial Rights Legal Representation Sub Judice +2 more

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 7 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

James Guerin

Plaintiff

Gemma O'Doherty

Defendant

Procedural Posture

Defamation / Interlocutory Applications Before Retrial

Legal Issues

  1. 1 Whether the defendant's publications constitute contempt or scandalising the court
  2. 2 Whether interlocutory relief restraining publication is warranted
  3. 3 Whether the defendant's conduct threatens a fair retrial

Ratio Decidendi

The defendant's conduct, including uncivil publications targeting the plaintiff's legal team, constitutes an improper attempt to interfere with the plaintiff's right to legal representation and the fair conduct of proceedings. The court's order of 23 January 2024 restraining the defendant from publishing assertions or images relating to the plaintiff's legal team is proportionate and justified under the court's inherent jurisdiction. Applications for further reliefs are struck out as not pursued or not justified on evidence.

Court Disposition

Applications for further interlocutory reliefs struck out; prior order restraining defendant's conduct remains; costs reserved for determination after retrial.

Orders

  • Strike out applications for orders sought in notice of motion filed 15 December 2023.
  • Strike out orders sought at paras. 1 and 2 of notice of motion filed 8 January 2024.