Couple sues restaurant over claim ‘they didn’t pay bill’

A JUDGE has refused to strike out a defamation claim by a couple who allege they were ‘loudly and abusively’ wrongly accused of not having paid their dinner bill in a Dublin restaurant.

Barrister Cormac Quinn told the Circuit Civil Court yesterday that Tanya Shannon and her partner Patrick O’Connor had paid a staff member ‘called Paddy’ at the till in The Arc Bar and Restaurant for a dinner they had in the restaurant, with their two children, in September 2010.

As they gathered their belongings they claimed they had been approached by a manager ‘who began questioning them in a loud, abusive and accusatory manner for about ten minutes’ and Mr O’Connor had to publicly empty his pockets to find a receipt.

Mr Quinn, for the couple who live at Harelawn Avenue, Clondalkin, said 40 minutes later ‘Paddy’ returned to the restaurant and confirmed the couple had paid.

Counsel for Lackabeg Limited, trading as Arc Bar and Restaurant, Liffey Valley, said the firm wanted the court to strike out the claims as they failed to show reasonable cause of action for defamation.

He said the couple’s identical civil bills had not, as required in defamation cases, quoted precise defamatory words allegedly spoken. The couple had taken that each was being made out to be a thief but he asked were they justified in that conclusion.

Without specifically quoted words the defendant could not plead qualified privilege.

This caused a serious problem as to what the words were, if such words had been spoken and if they might have other and different meanings as those put forward.

Judge Jacqueline Linnane said that from her reading of the papers there was a fairly detailed account of what had taken place.

The defendant in 2011 and again in April 2014 had stated they had forwarded papers to counsel for the purpose of drafting a defence which had not materialised. ‘By any reading of the papers you have been in serious default in delivering a defence and in fact one could perhaps infer that it is a delaying tactic and being obstructive in relation to the plaintiffs trying to progress their case,’ Judge Linnane told the defendant.

She refused to strike out the couple’s claims and awarded costs to their legal team.

She also awarded costs against the restaurant company in the couple’s motion for judgment in default of defence but allowed the defendant seven days for the drafting and entry of a defence against the claims by Shannon and O’Connor.

The case is expected to proceed to trial.