McNamara -v- Sunday Newspapers Ltd & Anor [2016] IECA 140 (11 May 2016)

McNamara -v- Sunday Newspapers Ltd & Anor [2016] IECA 140 (11 May 2016)

The defendants failed to establish any special circumstances explaining and justifying their delay in delivering a defence; the offer to make amends was made late and did not excuse their dilatoriness. The trial judge correctly applied Order 27, rule 8(1), and judgment in default of defence was properly granted.

Citation
[2016] IECA 140
Parties
Plaintiff/respondent: Paul McNamara; Defendant/appellant: Sunday Newspapers Limited; Defendant/appellant: Eugene Masterson
Jurisdiction
Ireland
Judgment Date
11 May 2016
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Judgment in Default of Defence, Special Circumstances, Offer to Make Amends, Assessment of Damages
Civil Procedure Defamation Judgment in Default of Defence Special Circumstances Offer to Make Amends Assessment of Damages

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Parties

Paul McNamara

Plaintiff/respondent

Sunday Newspapers Limited

Defendant/appellant

Eugene Masterson

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the defendants established special circumstances explaining and justifying delay in delivering a defence
  2. 2 Whether an offer to make amends under s.22 of the Defamation Act 2009 constitutes a special circumstance under Order 27, rule 8(1)
  3. 3 Whether the trial judge misapplied the rules relating to motions for judgment in default of defence

Ratio Decidendi

The defendants failed to establish any special circumstances explaining and justifying their delay in delivering a defence; the offer to make amends was made late and did not excuse their dilatoriness. The trial judge correctly applied Order 27, rule 8(1), and judgment in default of defence was properly granted.

Court Disposition

appeal dismissed

Orders

  • judgment in default of defence affirmed
  • damages to be assessed by judge and jury