Magee v. M.G.N. Ltd. [2003] IEHC 87 (14 November 2003)

Magee v. M.G.N. Ltd. [2003] IEHC 87 (14 November 2003)

Given the historical context of the Good Friday Agreement and societal reconciliation, it cannot be said at this stage that the plaintiff's claim must fail; the existence of damage to reputation is arguable and should be determined by a jury.

Citation
[2003] IEHC 87
Parties
Plaintiff: Patrick Magee; Defendant: M. G. N. Limited
Jurisdiction
Ireland
Judgment Date
14 November 2003
Procedural Posture
Libel / Application to Strike Out Proceedings as Abuse of Process
Outcome
application refused
Legal Topics
Libel, Abuse of Process, Jury Role in Defamation, Reputation After Conviction, Good Friday Agreement
Defamation Civil Procedure Libel Abuse of Process Jury Role in Defamation Reputation After Conviction Good Friday Agreement

Case Brief

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Parties

Patrick Magee

Plaintiff

M. G. N. Limited

Defendant

Procedural Posture

Libel / Application to Strike Out Proceedings as Abuse of Process

Legal Issues

  1. 1 Whether a person convicted of heinous crimes can sustain a reputation capable of being damaged by defamatory publication
  2. 2 Whether the action for libel is frivolous, vexatious, or bound to fail and thus an abuse of process

Ratio Decidendi

Given the historical context of the Good Friday Agreement and societal reconciliation, it cannot be said at this stage that the plaintiff's claim must fail; the existence of damage to reputation is arguable and should be determined by a jury.

Court Disposition

application refused

Orders

  • Proceedings not struck out; action to continue to trial.