Naughton v Irish Examiner Ltd (Unapproved) [2024] IECA 144 (11 June 2024)

Failure to disclose prior renewal application to the court constituted abuse of process, and medical evidence did not establish special circumstances justifying renewal. The new Order 8, rule 1 applied to renewal applications made after January 2019 regardless of when proceedings commenced.

Citation: [2024] IECA 144
Parties: Appellant/plaintiff: Barbara Naughton; Respondent/defendant: Irish Examiner Limited; Respondent/defendant: Independent Star Limited
Jurisdiction: Ireland
Judgment Date: 11 June 2024
Procedural Posture: Appeal / Judgment on Appeal
Outcome: appeal dismissed
Legal Topics: Renewal of Summons, Abuse of Process, Special Circumstances, Medical Evidence, Limitation Period

Civil Procedure Defamation Renewal of Summons Abuse of Process Special Circumstances Medical Evidence Limitation Period

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Parties

Barbara Naughton

Appellant/plaintiff

Irish Examiner Limited

Respondent/defendant

Independent Star Limited

Respondent/defendant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

1 Whether failure to disclose prior renewal application constitutes abuse of process
2 Whether medical evidence demonstrated 'special circumstances' justifying renewal of summons
3 Applicability of new Order 8, rule 1 to proceedings issued before January 2019

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Appeal dismissed; renewal of summons set aside; no leave to introduce new evidence on appeal