Lennon -v- HSE [2015] IECA 92 (30 April 2015)

Lennon -v- HSE [2015] IECA 92 (30 April 2015)

The High Court has no jurisdiction to deprive a party of the statutory right to a jury trial in defamation proceedings, even for reasons of efficiency or case management; this right is preserved by statute and cannot be abrogated by judicial order.

Citation
[2015] IECA 92
Parties
Applicant/appellant: Noel Lennon; Defendant/respondent: Health Service Executive
Jurisdiction
Ireland
Judgment Date
30 April 2015
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Right to Jury Trial, Case Management, Defamation Proceedings, Judicial Review
Civil Procedure Defamation Law Right to Jury Trial Case Management Defamation Proceedings Judicial Review

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 2 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Noel Lennon

Applicant/appellant

Health Service Executive

Defendant/respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a plaintiff in defamation proceedings is entitled to a jury trial as of right, even where case management considerations suggest otherwise
  2. 2 Whether the High Court has jurisdiction to deprive a party of the right to jury trial in defamation actions for reasons of efficiency or case management

Ratio Decidendi

The High Court has no jurisdiction to deprive a party of the statutory right to a jury trial in defamation proceedings, even for reasons of efficiency or case management; this right is preserved by statute and cannot be abrogated by judicial order.

Court Disposition

appeal allowed

Orders

  • Declaration that the plaintiff is entitled to a jury trial in respect of the defamation proceedings.