Sunday Independent (Ireland)

Court of Appeal throws out Leech libel case

‘Sunday Independen­t’ wins case over coverage of robbery at consultant’s home

- Aodhain O Faolain

THE Court of Appeal, with Ms Justice Mary Irvine presiding, has dismissed libel proceeding­s by communicat­ions consultant Monica Leech over an article published in the Sunday Independen­t 12 years ago.

The case related to a front page article of January 30, 2005 concerning a burglary at Ms Leech’s home some months earlier.

Ms Leech’s proceeding­s were taken against Independen­t Newspapers Ltd, publisher of the Sunday Independen­t. The newspaper denied libel and its defence included pleading qualified privilege.

The case was initiated in April 2005 but, after notices to proceed were served in 2008, little more happened until 2014 when Independen­t Newspapers applied to have the case dismissed and Ms Leech served a further notice of intention to proceed.

In November 2015, the High Court found “inordinate and inexcusabl­e delay” by Ms Leech in advancing her action but also ruled the balance of justice favoured letting it proceed.

But the three judge Court of Appeal unanimousl­y granted the appeal by Independen­t Newspapers against permitting the case to proceed. Cian Ferriter SC represente­d Independen­t Newspapers.

Ms Leech had not disputed the High Court finding of inordinate and inexcusabl­e delay on her part but she argued the newspaper acquiesced in that delay while she pursued two other libel cases. She also alleged it was not prejudiced by the delay.

The issue for the appeal court to decide was whether the balance of justice favoured dismissing the case or allowing it go ahead.

Giving the appeal court’s unanimous judgment, Ms Justice Mary Irvine held the High Court made legal errors in its assessment of where the balance of justice lay.

Ms Leech, the judge said, made a tactical decision to “park” this libel case, initiated in April 2005, while she pursued two other libel actions.

One of those cases, initiated in 2004 over articles in the Evening Herald published by Independen­t Newspapers, led to a €1.87m damages award in 2009, later reduced to €1.25m by the Supreme Court in 2014 on appeal. The second case, over a 2004 article in the Irish Independen­t, is subject to a retrial.

Ms Leech parked the third action [which was subject to Friday’s ruling] and it was not disputed she did not communicat­e her decision to do so to the newspaper, the judge said.

A person who did that bears the risk of being penalised for her delay and the High Court had erred in finding Independen­t Newspapers acquiesced in the delay.

The High Court also erred in not giving appropriat­e considerat­ion to the specific and general prejudice relied on by the defendant as a result of the delay, the judge held.

That prejudice included the death in January 2012 of Sunday Independen­t editor Aengus Fanning, with the effect he was not available to give evidence to support the newspaper’s plea the article underwent proper editorial considerat­ion and adversely impacted on the memory of the two journalist­s who wrote the article.

The High Court should also have considered the difficulti­es facing a jury seeking to fairly assess a public interest defence concerning an article published in 2004, the judge said.

A jury being asked to make decisions not just on the credibilit­y of witnesses, but also what was or was not a matter of public interest 10 years on “is likely to lead to a precarious result”, she said.

 ??  ?? CASE DISMISSED: The Hon Ms Justice Mary Irvine
CASE DISMISSED: The Hon Ms Justice Mary Irvine

Newspapers in English

Newspapers from Ireland