Nolan v MGN Ltd [2009] NIQB 29 (20 March 2009)

Nolan v MGN Ltd [2009] NIQB 29 (20 March 2009)

Privilege over solicitor's attendance notes was not waived by reference in pleadings; therefore, no order for discovery of those documents is made. The plaintiff must provide further and better particulars to clarify which allegations are alleged to be fabricated and the basis for asserting no alternative source of information, to bring precision to the pleadings.

Citation
[2009] NIQB 29
Parties
Plaintiff: Stephen Nolan; Defendant: MGN Limited
Jurisdiction
Northern Ireland
Judgment Date
20 March 2009
Procedural Posture
Libel Action (defamation) / Interlocutory Applications for Discovery and Further Particulars
Outcome
Interlocutory orders granted in part
Legal Topics
Libel, Discovery, Legal Professional Privilege, Pleadings, Fair Comment Defence, Case Management
Defamation Civil Procedure Libel Discovery Legal Professional Privilege Pleadings Fair Comment Defence Case Management

Case Brief

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Parties

Stephen Nolan

Plaintiff

MGN Limited

Defendant

Procedural Posture

Libel Action (defamation) / Interlocutory Applications for Discovery and Further Particulars

Legal Issues

  1. 1 Whether the plaintiff must disclose documents relating to communications with the Northern Ireland Council for Ethnic Minorities (NICEM) and whether privilege has been waived
  2. 2 Whether the plaintiff must provide further and better particulars regarding allegations of fabrication in the article
  3. 3 Whether the defence of fair comment is available if comments are fabricated or attributed to the wrong source

Ratio Decidendi

Privilege over solicitor's attendance notes was not waived by reference in pleadings; therefore, no order for discovery of those documents is made. The plaintiff must provide further and better particulars to clarify which allegations are alleged to be fabricated and the basis for asserting no alternative source of information, to bring precision to the pleadings.

Court Disposition

Interlocutory orders granted in part

Orders

  • No order for discovery of solicitor's attendance notes as privilege not waived
  • Plaintiff ordered to provide further and better replies to paragraphs 2(f), 3(a), 4(a), and 4(b) of defendant's Notice for Further and Better Particulars