Glennon v. McMorrow [1998] IESC 61 (14th December, 1998)

Glennon v. McMorrow [1998] IESC 61 (14th December, 1998)

The omission to plead qualified privilege was an honest mistake, and justice requires the amendment to be allowed so the real issues can be determined, provided no injustice is caused to the plaintiff and costs are addressed.

Citation
[1998] IESC 61
Parties
Plaintiff: Plaintiff; Defendant: Seán; Defendant: Cyril
Jurisdiction
Ireland
Procedural Posture
Appeal / Application for Leave to Amend Defence in Defamation Case
Outcome
Appeal allowed
Legal Topics
Amendment of Pleadings, Qualified Privilege, Costs
Civil Procedure Defamation Amendment of Pleadings Qualified Privilege Costs

Case Brief

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Parties

Plaintiff

Plaintiff

Seán

Defendant

Cyril

Defendant

Procedural Posture

Appeal / Application for Leave to Amend Defence in Defamation Case

Legal Issues

  1. 1 Whether defendants should be granted leave to amend their defence to plead qualified privilege in a defamation case

Ratio Decidendi

The omission to plead qualified privilege was an honest mistake, and justice requires the amendment to be allowed so the real issues can be determined, provided no injustice is caused to the plaintiff and costs are addressed.

Court Disposition

Appeal allowed

Orders

  • Defendants granted leave to amend their defence to plead qualified privilege in each case.
  • Plaintiff awarded costs of the motion in the High Court.