Ryanair Ltd -v- Fleming [2016] IECA 265 (04 October 2016)

Ryanair Ltd -v- Fleming [2016] IECA 265 (04 October 2016)

Irish courts lack jurisdiction as there is no evidence that the alleged defamatory post was accessed or downloaded by a third party in Ireland. Even if jurisdiction were technically satisfied, the connection to Ireland is too tenuous and Australia is the natural forum for the dispute.

Citation
[2016] IECA 265
Parties
Plaintiff/appellant: Ryanair Limited; Defendant/respondent: Peter John Fleming
Jurisdiction
Ireland
Judgment Date
04 October 2016
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Jurisdiction, Forum Conveniens, Internet Defamation, Publication Requirement
Conflict of Laws Defamation Civil Procedure Jurisdiction Forum Conveniens Internet Defamation Publication Requirement

Case Brief

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Parties

Ryanair Limited

Plaintiff/appellant

Peter John Fleming

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Irish courts have jurisdiction over alleged internet defamation by a foreign defendant
  2. 2 Whether Ireland is the appropriate forum (forum conveniens) for the dispute

Ratio Decidendi

Irish courts lack jurisdiction as there is no evidence that the alleged defamatory post was accessed or downloaded by a third party in Ireland. Even if jurisdiction were technically satisfied, the connection to Ireland is too tenuous and Australia is the natural forum for the dispute.

Court Disposition

appeal dismissed

Orders

  • Decision of the High Court affirmed
  • Proceedings dismissed for lack of jurisdiction and on forum conveniens grounds