Lowry -v- Smyth [2012] IEHC 22 (10 February 2012)

Lowry -v- Smyth [2012] IEHC 22 (10 February 2012)

The defendant has a good arguable defence to both publications, and can establish grounds for defence without relying exclusively on tribunal findings; summary relief under s.34 is not appropriate as the high threshold is not met.

Citation
[2012] IEHC 22
Parties
Plaintiff: Michael Lowry; Defendant: Sam Smyth
Jurisdiction
Ireland
Judgment Date
10 February 2012
Procedural Posture
Defamation Appeal / Appeal From Circuit Court Refusal of Summary Relief
Outcome
appeal dismissed
Legal Topics
Summary Relief, Defences to Defamation, Tribunal Evidence Admissibility, Public Interest, Honest Opinion
Defamation Media Law Summary Relief Defences to Defamation Tribunal Evidence Admissibility Public Interest Honest Opinion

Case Brief

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Parties

Michael Lowry

Plaintiff

Sam Smyth

Defendant

Procedural Posture

Defamation Appeal / Appeal From Circuit Court Refusal of Summary Relief

Legal Issues

  1. 1 Whether summary relief under s.34 of the Defamation Act 2009 should be granted
  2. 2 Whether the defendant has a defence reasonably likely to succeed
  3. 3 Admissibility of tribunal findings as evidence in defamation proceedings

Ratio Decidendi

The defendant has a good arguable defence to both publications, and can establish grounds for defence without relying exclusively on tribunal findings; summary relief under s.34 is not appropriate as the high threshold is not met.

Court Disposition

appeal dismissed

Orders

  • Plaintiff's claim for summary relief under s.34 dismissed
  • No entitlement to relief under s.28, s.30, or s.33 of the Defamation Act 2009