Egan v Fenlon & Ors (Approved) [2021] IEHC 625 (05 October 2021)

Egan v Fenlon & Ors (Approved) [2021] IEHC 625 (05 October 2021)

The plaintiff is required to provide further particulars regarding damage to reputation, loss, and alleged republication of defamatory statements, as these are necessary for the defendants to know the case they must meet at trial. Discovery is limited to orders and determinations made against the plaintiff arising...

Source-derived case information.

Citation
[2021] IEHC 625
Parties
Plaintiff: William J. P. Egan; Defendant: Michael Fenlon; Defendant: Barry Sullivan; Defendant: Gerard Burns; Defendant: Ray Devine; Defendant: Shane O’Connor; Defendant: John Flannery; Defendant: Seamus Heraty; Defendant: Padraic Breen; Defendant: Margaret Neile; Defendant: Tom O’Donnell; Defendant: Seamus O’Brien; Defendant: Pat Donlon; Defendant: Paul Doran; Defendant: Dan Curley; Defendant: Paddy Flynn; Defendant: Joe O’Loughlin; Defendant: Des Furlong; Defendant: John Diver; Defendant: Carmel Magee; Defendant: Peter Crinnion; Defendant: Tom O’Shea; Defendant: Leonard Rasmussen; Defendant: Joe Synnott
Jurisdiction
Ireland
Judgment Date
05 October 2021
Procedural Posture
Defamation Action (interlocutory Applications) / Ruling on Motions for Particulars and Discovery
Outcome
Order for particulars and limited discovery granted; costs in the cause.
Legal Topics
Discovery, Particulars, Professional Reputation, Damages, Privilege, Pleadings
Defamation Civil Procedure Discovery Particulars Professional Reputation Damages Privilege Pleadings

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Parties

William J. P. Egan

Plaintiff

Michael Fenlon

Defendant

Barry Sullivan

Defendant

Gerard Burns

Defendant

Ray Devine

Defendant

Shane O’Connor

Defendant

John Flannery

Defendant

Seamus Heraty

Defendant

Padraic Breen

Defendant

Margaret Neile

Defendant

Tom O’Donnell

Defendant

Seamus O’Brien

Defendant

Pat Donlon

Defendant

Paul Doran

Defendant

Dan Curley

Defendant

Paddy Flynn

Defendant

Joe O’Loughlin

Defendant

Des Furlong

Defendant

John Diver

Defendant

Carmel Magee

Defendant

Peter Crinnion

Defendant

Tom O’Shea

Defendant

Leonard Rasmussen

Defendant

Joe Synnott

Defendant

Procedural Posture

Defamation Action (interlocutory Applications) / Ruling on Motions for Particulars and Discovery

Legal Issues

  1. 1 Whether the plaintiff must provide further and better particulars of his claim for defamation, including malice, damage to reputation, and loss; whether the plaintiff must make discovery of documents relating to professional complaints and investigations.

Ratio Decidendi

The plaintiff is required to provide further particulars regarding damage to reputation, loss, and alleged republication of defamatory statements, as these are necessary for the defendants to know the case they must meet at trial. Discovery is limited to orders and determinations made against the plaintiff arising from professional investigations or complaints, as mere complaints not upheld do not go to reputation and broader discovery would be oppressive and irrelevant.

Court Disposition

Order for particulars and limited discovery granted; costs in the cause.

Orders

  • Plaintiff to reply to paragraphs 20, 21, and 22 of the defendants' notice for particulars dated 9 August 2017.
  • Plaintiff to make discovery of all orders and determinations made against him arising from professional investigations or complaints as specified.