Reynolds v. Malocco [1998] IEHC 175; [1999] 2 IR 203; [1999] 1 ILRM 289 (11th December, 1998)

Reynolds v. Malocco [1998] IEHC 175; [1999] 2 IR 203; [1999] 1 ILRM 289 (11th December, 1998)

The article, by innuendo, is clearly defamatory of the plaintiff in relation to drug dealing and homosexuality; the defence of justification regarding drug allegations lacks substance; no justification is pleaded regarding homosexuality; damages would be inadequate due to defendants' lack of means; therefore, an interlocutory injunction is granted.

Citation
[1999] 1 ILRM 289
Parties
Plaintiff: John Reynolds; Defendant: Elio Malocco; Defendant: Declan Murray (pseudonym for Elio Malocco); Defendant: Frank White (pseudonym for Luciano Magliocco); Defendant: Mr Laur; Defendant: Fanville Limited
Jurisdiction
Ireland
Procedural Posture
Application for Interlocutory Injunction in Defamation Action / Interlocutory (pre Trial)
Outcome
Interlocutory injunction granted
Legal Topics
Interlocutory Injunctions, Libel, Justification Defence, Freedom of Expression, Innuendo, Meaning of Words, Damages Adequacy
Defamation Media Law Civil Procedure Interlocutory Injunctions Libel Justification Defence Freedom of Expression Innuendo +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 4 Authorities cited 16 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

John Reynolds

Plaintiff

Elio Malocco

Defendant

Declan Murray (pseudonym for Elio Malocco)

Defendant

Frank White (pseudonym for Luciano Magliocco)

Defendant

Mr Laur

Defendant

Fanville Limited

Defendant

Procedural Posture

Application for Interlocutory Injunction in Defamation Action / Interlocutory (pre Trial)

Legal Issues

  1. 1 Whether the article is defamatory of the plaintiff by natural meaning or innuendo
  2. 2 Whether an interlocutory injunction should be granted to restrain publication
  3. 3 Whether the defence of justification precludes injunctive relief

Ratio Decidendi

The article, by innuendo, is clearly defamatory of the plaintiff in relation to drug dealing and homosexuality; the defence of justification regarding drug allegations lacks substance; no justification is pleaded regarding homosexuality; damages would be inadequate due to defendants' lack of means; therefore, an interlocutory injunction is granted.

Court Disposition

Interlocutory injunction granted

Orders

  • Defendants and all persons acting in concert with them are restrained until trial from publishing or disseminating the article 'Operation Night-cap Causes John Reynolds Sleepless Nights As Cops Raid Club' or any defamatory matter therein concerning the plaintiff.