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 furnishing the manuscript to Duckworths under a contract granting worldwide publication rights. Therefore, Sir Louis has responsibility for the harmful event in Ireland and the Irish High Court has jurisdiction under Article 5(3) of the Brussels Convention.

Citation
[1999] IEHC 56
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 Dismiss)
Outcome
Application dismissed; Irish High Court has jurisdiction over Sir Louis.
Legal Topics
Libel, Jurisdiction Under Brussels Convention, Publication Liability, Natural and Probable Consequence, Forum Non Conveniens
Defamation Private International Law European Union Law Libel Jurisdiction Under Brussels Convention 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 Dismiss)

Legal Issues

  1. 1 Whether Irish High Court has jurisdiction over Sir Louis for alleged libel published in Ireland
  2. 2 Whether publication in Ireland was the natural and probable consequence of Sir Louis furnishing the manuscript to Duckworths

Ratio Decidendi

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

Court Disposition

Application dismissed; Irish High Court has jurisdiction over Sir Louis.

Orders

  • Sir Louis' motion to dismiss for lack of jurisdiction is refused.
  • Proceedings may continue against Sir Louis in respect of harm to reputation suffered in Ireland.