Hunter v. Gerald Duckworth and Co. Ltd. [1999] IEHC 56; [2000] 1 IR 510 (10th December, 1999)

Hunter v. Gerald Duckworth and Co. Ltd. [1999] IEHC 56; [2000] 1 IR 510 (10th December, 1999)

Publication of the booklet in Ireland was the natural and probable consequence of Sir Louis providing the manuscript to Duckworths under a contract granting worldwide publication rights. Therefore, Sir Louis has responsibility for the alleged harmful event occurring in Ireland, and the Irish High Court has jurisdiction under Article 5(3) of the Brussels Convention.

Citation
[2000] 1 IR 510
Parties
Plaintiff: Mr. Hunter; Plaintiff: Mr. Callaghan; Defendant: Duckworths; Defendant: Sir Louis Blom-Cooper QC
Jurisdiction
Ireland
Procedural Posture
Plenary Summons / Jurisdictional Challenge (motion to Set Aside Service And/or Strike Out/stay Proceedings)
Outcome
Application dismissed
Legal Topics
Jurisdiction Under Brussels Convention, Libel, Publication Liability, Natural and Probable Consequence, Forum Non Conveniens
Private International Law Defamation Jurisdiction Under Brussels Convention Libel Publication Liability Natural and Probable Consequence Forum Non Conveniens

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Parties

Mr. Hunter

Plaintiff

Mr. Callaghan

Plaintiff

Duckworths

Defendant

Sir Louis Blom-Cooper QC

Defendant

Procedural Posture

Plenary Summons / Jurisdictional Challenge (motion to Set Aside Service And/or Strike Out/stay Proceedings)

Legal Issues

  1. 1 Whether the Irish High Court has jurisdiction over Sir Louis Blom-Cooper QC for alleged defamation published in Ireland under Article 5(3) of the Brussels Convention
  2. 2 Whether publication in Ireland was the natural and probable consequence of Sir Louis providing the manuscript to Duckworths in London

Ratio Decidendi

Publication of the booklet in Ireland was the natural and probable consequence of Sir Louis providing the manuscript to Duckworths under a contract granting worldwide publication rights. Therefore, Sir Louis has responsibility for the alleged harmful event occurring in Ireland, and the Irish High Court has jurisdiction under Article 5(3) of the Brussels Convention.

Court Disposition

Application dismissed

Orders

  • Jurisdictional challenge by Sir Louis Blom-Cooper QC dismissed
  • Proceedings to continue against Sir Louis in Ireland