Higgins -v- The Irish Aviation Authority [2016] IECA 322 (04 November 2016)

Higgins -v- The Irish Aviation Authority [2016] IECA 322 (04 November 2016)

The plaintiff retains the right to have damages assessed by a jury under s. 23(1)(c) of the Defamation Act 2009 following acceptance of an offer of amends, unless the statute expressly abrogates this right, which it does not.

Citation
[2016] IECA 322
Parties
Plaintiff/respondent: Padraig Higgins; Defendant/appellant: Irish Aviation Authority
Jurisdiction
Ireland
Judgment Date
04 November 2016
Procedural Posture
Defamation Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Jury Trial in Defamation, Offer of Amends, Assessment of Damages
Defamation Statutory Interpretation Jury Trial in Defamation Offer of Amends Assessment of Damages

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 12 Party arguments 2
Sign in to unlock

Parties

Padraig Higgins

Plaintiff/respondent

Irish Aviation Authority

Defendant/appellant

Procedural Posture

Defamation Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether s. 23(1)(c) of the Defamation Act 2009 entitles a plaintiff to jury assessment of damages following an offer of amends
  2. 2 Interpretation of 'court' and 'High Court' in the context of s. 23(1)(c)

Ratio Decidendi

The plaintiff retains the right to have damages assessed by a jury under s. 23(1)(c) of the Defamation Act 2009 following acceptance of an offer of amends, unless the statute expressly abrogates this right, which it does not.

Court Disposition

appeal dismissed

Orders

  • Plaintiff entitled to jury trial for assessment of damages under s. 23(1)(c) of the Defamation Act 2009