Independent Newspapers (Ireland) Ltd. & Ors v I.A. [2020] IECA 19 (22 January 2020)

Independent Newspapers (Ireland) Ltd. & Ors v I.A. [2020] IECA 19 (22 January 2020)

The Circuit Court Judge was entitled to refuse to lift reporting restrictions due to lack of notice to co-accused and absence of evidence that lifting restrictions would not affect their interests; delay by appellants did not justify refusal, but procedural fairness required all affected parties be notified before any order could be set aside.

Citation
[2020] IECA 19
Parties
Applicant/appellant: Independent Newspapers (Ireland) Limited; Applicant/appellant: Sunday Newspapers Limited; Applicant/appellant: Irish Examiner Limited; Applicant/appellant: Landmark Digital Limited trading as BreakingNews.ie; Applicant/appellant: The Nationalist and Leinster Times Limited trading as The Kildare Nationalist; Respondent/respondent: I.A.
Jurisdiction
Ireland
Judgment Date
22 January 2020
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Reporting Restrictions, Anonymity Orders, Children in Criminal Proceedings, Judicial Discretion, Public Administration of Justice
Criminal Law Media Law Constitutional Law Reporting Restrictions Anonymity Orders Children in Criminal Proceedings Judicial Discretion Public Administration of Justice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Independent Newspapers (Ireland) Limited

Applicant/appellant

Sunday Newspapers Limited

Applicant/appellant

Irish Examiner Limited

Applicant/appellant

Landmark Digital Limited trading as BreakingNews.ie

Applicant/appellant

The Nationalist and Leinster Times Limited trading as The Kildare Nationalist

Applicant/appellant

I.A.

Respondent/respondent

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether reporting restrictions imposed during criminal proceedings should be lifted after conviction
  2. 2 Whether delay by media in seeking to lift restrictions justifies refusal
  3. 3 Whether co-accused must be notified before lifting reporting restrictions

Ratio Decidendi

The Circuit Court Judge was entitled to refuse to lift reporting restrictions due to lack of notice to co-accused and absence of evidence that lifting restrictions would not affect their interests; delay by appellants did not justify refusal, but procedural fairness required all affected parties be notified before any order could be set aside.

Court Disposition

appeal dismissed

Orders

  • Reporting restrictions remain in force as originally imposed; no relief granted to appellants; parties may litigate the matter elsewhere.