Supreme Court upholds €75,000 award to businessman mistakenly identified as a tax defaulter
Supreme Court
appeal over a jury's award of €75,000 damages to a businessman over an article in the Limerick Leader which mistakenly named him as a tax defaulter.
The appeal raised important issues concerning the nature and scope of the defence of qualified privilege under the Defamation Act 2009 and the common law.
On Thursday, the five-judge court said the defence would only apply to mass media publications in 'exceptional' circumstances, including reports of judicial and parliamentary proceedings, and is limited to 'fair and accurate' reports.
None of those circumstances applied to the June 2016 article in the Limerick Leader, published by Iconic Newspapers Ltd, Mr Justice Maurice Collins said when dismissing Iconic's appeal against the €75,000 award made by a High Court jury to William Bird after finding he was defamed in the article.
READ MORE
After the Court of Appeal dismissed Iconic's appeal against the jury's decision, the Supreme Court agreed to hear a further appeal in relation to the nature and scope of the qualified privilege defence and its relationship to other defences.
Iconic had pleaded the words complained of were published on an occasion of qualified privilege. It pleaded that, acting in good faith, it published the article as part of its lawful and legitimate duty to report on matters of public interest, namely settlements made with Revenue.
In the Supreme Court judgment, Mr Justice Collins said the context behind the 2009 Act was the need to balance competing constitutional values, the State's ability to vindicate the good names of citizens on the one hand, and the rights of citizens to freely express their convictions and opinions, and the media's liberty of expression, on the other.
While qualified privilege can apply across a wide variety of circumstances, it applies to statements made 'in the discharge of some public or private duty', he said.
The defence represents a 'delicate and sensitive balance' given the risk of reputational harm that can be caused be honest error, he said. The key concept is reciprocity between the duty and/or interest on the part of the speaker and listener respectively, although some instances of qualified privilege might be difficult to strictly rationalise on that basis.
Only in exceptional circumstances will qualified privilege apply to communications to the world at large, he said. Such circumstances included replies to public attack and reports of judicial, parliamentary or other proceedings.
In relation to such proceedings, it is not the source, but rather the 'nature' of those, or other matters in which the public is interested, that provides a basis for a defence. The defence of privilege in such circumstances was limited to fair and accurate reports and none of those circumstances applied in the Iconic case.
In all jurisdictions other than the US where media publications can enjoy protection from being sued, they are subject to additional conditions beyond the requirement for honest belief/absence of malice, such as requirements the publication was 'reasonable or responsible'.
The article in question, in its reference to Mr Bird, was 'materially inaccurate', the judge said. it had wrongly linked him to three companies in the defaulters' list with which he had no association. He was identified in the article as a result of a mistake made by the journalist who wrote it and that mistaken identification involved 'a significant lack of care'
Iconic could not avail of qualified privilege in this case and its appeal must be dismissed on that point, he held.
Mr Bird, the judge said, was entitled to his costs at High Court level, not at Circuit Court level as the trial judge had ordered. A proper application of the High Court judge's costs discretion would mean observing the €75,000 award was at the boundary of the High Court's jurisdiction and bringing his case in the Circuit Could would have carried a significant risk that Mr Bird would have been under-compensated, he said.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Irish Times
18 minutes ago
- Irish Times
Author Joseph Birchall: ‘Crime fiction can bring us something we don't often see in reality - justice'
Tell me about your debut novel In Plain Sight . It's a crime thriller based in Dublin with a couple of twists along the way. Darcy Doyle is a rookie in the National Bureau of Criminal Investigation, and she's paired up with the once brilliant and now weather-beaten Mick Kelly. There's a serial killer on the Dublin streets, but meanwhile, as they try to catch the killer, Darcy's own secretive past is catching up with her. At the book's core are two very different characters - the keen but green Darcy Doyle and the somewhat jaded and cynical Mick Kelly. Why do you think they work as a duo? They don't realise it at first, but they both need each other. Darcy has experienced childhood trauma, but she can't show any vulnerability in her work as a detective. This is detrimental to her personal relationships. Her job is her prop. Mick's crutch is the drink. In the 1990s you came close to having a feature film made with David Anspaugh, who directed Gene Hackman in Hoosiers. Tell us a little about the story and how the experience ultimately stalled your writing? My wife found my 20-year-old screenplay in a box in the attic (I know that sounds made up!). It was a coming-of-age film called Stuck on Orange about four lads in Dublin who risk everything to improve their lives. I suppose, looking back, being so close to such big success when I lived in California, which ultimately got shelved, turned me away from writing for quite some time. Thankfully, after finding the script, my wife encouraged me back to putting pen to paper once again. To fail, fail again and fail better. If your book were to be adapted for film, who would play Darcy and Mick? Dream casting would be Saoirse Ronan and Colin Farrell - minus the penguin suit. READ MORE You spent years working on a kibbutz. Have you considered writing about that experience? What do you make of Israel/Palestine today? My heart is broken for the people of the region, particularly the children of Gaza who are experiencing generational trauma. An Israeli friend's brother is still being held hostage today. It makes me realise how lucky we are to have had peace on our island for the last three decades. If anything, that still gives me hope. Your family has been living in Tallaght in Dublin for more than 100 years, and the city and its more marginalised are central to the novel. Did you draw on your own experience in writing the book? I had a very fortunate upbringing in Tallaght with two hardworking parents and a loving and supportive family and community, so fortunately, I haven't had any of the kinds of experiences that befalls Darcy. Reading books by investigative journalists such as Paul Williams, Nicola Tallant, Paul Reynolds and Pat Marry helped me gain vital procedural knowledge of the crime world. Irish crime titles seem to be enjoying phenomenal popularity. Why do you think that is? What drew you to the genre? We see so much inequality and transgression in everyday life that crime fiction, and indeed other genres, can bring us something we don't often see in reality - justice. The crime is solved, redemption is meted out and the killer is rightly punished. You left Ireland in the 1990s and lived in France, Israel and California before returning home. How has Ireland changed? We're a more confident people than we once were, more self-aware, and we take pride in who we are, but I think we've managed to retain our unique blend of social righteousness and having the craic. You are the co-founder and director of . Is there a link between entrepreneurship and creativity? You most definitely need to be creative when building a business and not be averse to taking risks. There's more cognitive liberty when writing, though, but the financial rewards are not as good! Well, not yet - maybe if the movie comes off! Which projects are you working on? Reported Missing, book two of the Darcy Doyle series is with the editor and is due to appear in 2026, and book three is about to go off to Poolbeg Press for their initial… let's call it 'appraisal'. Have you ever made a literary pilgrimage? I once went to London in my early 20s to visit 221b Baker Street, fictional home of Sherlock Holmes and Dr Watson. I still have the photo! What is the best writing advice you have heard? Read Stephen King 's book – On Writing: A Memoir of the Craft . Who do you admire the most? My wife. (I know, I know!) You are supreme ruler for a day. Which law do you pass or abolish? That all children become the number one priority for every government – their education and their wellbeing. Which current book, film and podcast would you recommend? Colm Tóibín – Long Island (if you've already read Brooklyn ) Mission Impossible – The Final Reckoning The Rich Roll Podcast The most remarkable place you have visited? Jerusalem. Your most treasured possession? My Dad's radio. What is the most beautiful book that you own? A first edition of The Borstal Boy. The best and worst things about where you live? The best things are the location, the community, nearby family, and the view of the Dublin Mountains. The worst is like everywhere in Dublin: traffic. What is your favourite quotation? Motivation follows action. Always. Who is your favourite fictional character? Too many, but Lisbeth Salander popped into my head first. A book to make me laugh? Catch-22 by Joseph Heller. A book that might move me to tears? The Kite Runner by Khaled Hosseini.
Irish Times
4 hours ago
- Irish Times
Letters to the Editor, August 2nd: On Metro and St Stephen's Green, roads policing and Daniel O'Connell's stamp
Sir, – Following the recent refusal of planning permission for the redevelopment of St Stephen's Green Shopping Centre, now is an ideal moment for the Department of Transport, in partnership with Dublin City Council, to consider acquiring the site and repurposing it as the long-awaited Metro North station. Such a move would not only make strategic use of an already-developed site, but would also spare the iconic St Stephen's Green park from the disruption and long-term impact of major construction works. Preserving our precious green space while advancing public transport infrastructure is a win win for Dublin city. London has shown how infrastructure can enhance rather than damage a city's fabric. Stations like Canary Wharf or King's Cross have become architectural landmarks in their own right, modern, functional spaces that complement their urban surroundings. Dublin deserves nothing less. A metro station at the current shopping centre could serve as a fitting gateway to the city centre without compromising one of our most treasured parks. READ MORE Is it not time for some joined-up thinking? – Yours, etc, EOIN BLACKLOCK, CEO, Ekco, Malahide, Co Dublin. Sir, – Now that An Coimisiún Pleanála has turned down a plan to redevelop St Stephen's Green Shopping Centre perhaps the Government should acquire the site by way of compulsory purchase order for the proposed metro station and leave the Green undisturbed. Shops and restaurants could and should also be part of any new redevelopment. – Yours, etc, CIARAN CLANCY, Booterstown, Co Dublin. Trump and Rosie O'Donnell Sir, – Rosie O'Donnell's distaste and 'loathing' for Donal Trump as depicted in her show Common Knowledge elicits some sympathy for the US president in the letter of Paddy Fitzpatrick (July 31st) who advises 'always be kinder than is necessary'. For all we know, Rosie has already factored in this worthwhile advice before she each time fulminates against the man who has made denigrating his opponents into an art form. – Yours, etc, PJ McDERMOTT, Westport, Co Mayo. McDowell and Trump Sir, – Senator Michael McDowell writes that Donald Trump 'is right on migration'. He declares that asylum seeking is a 'racket'. (' Whatever about his tariffs, Trump's 'helpful advice' to the EU is on the money ,' July 30th). Praising Trump's ideas, which have led him to establish his ICE secret police, is a daring admission for Michael. Europe does have a lot to learn from Donald Trump, namely, that people who scapegoat migrants in defence of the wealthy are a threat to social cohesion, freedom and human empathy. – Yours, etc, PETER COUSINS, Skerries, Dublin. Childcare funding Sir, – Minister for Children Norma Foley, and her Department colleagues need to do more than simply label childcare providers' departure from core funding as 'regrettable.' (' Parents face fee rise after Dublin childcare provider pulls out of 'deeply flawed' core funding model ,' July 30th). They must actively listen to the urgent concerns of both providers and parents on this critical issue. As a parent whose children happily attend a wonderful crèche with dedicated staff, I fully support my childcare provider's difficult decision to opt out of core funding. Why would childcare providers turn down substantial funding unless the current system is fundamentally flawed? Core funding imposes an immense administrative burden on providers and fails to adequately cover rising operational costs, particularly staffing. Furthermore, it offers no increased funding for crèches supporting children with additional needs or those that have made significant capital investments in their facilities. I urge the Minister to prioritise quality childcare and reform core funding without delay. – Yours, etc, DR MELISSA O'NEILL, Glounthaune, Co Cork. Garda roads policing Sir – The Garda Commissioner has given a forthright and honest response to the problem of uninterested gardaí, but I wonder whether other organisations share the problem of dedicated and committed staff having to carry their disengaged peers? (' Shocking: Some roads policing gardaí 'openly hostile' towards doing their jobs, review finds ,' July 31st). Have other taxpayer-funded organisations implemented effective performance management? It would be interesting to know. – Yours etc. SEAN RYAN, Mountshannon, Co Clare. Sir, – Over the past few years I've noticed more and more cars with 'non standard' and 'decorative' (ie illegal) registration plates. These are clearly designed to be unreadable by speed and toll cameras, and yet they proliferate, which surely wouldn't happen if we had effective roads policing. While the recent Crowe report on challenges within the roads department of An Garda Siochána is alarming, it should be a spur to positive action. Surely one of the early signs of success will be a drop in the number of registration plates with tiny lettering and grey backgrounds? I live in hope. – Yours, etc, MICK FLYNN, Waterford. Planetary challenges Sir, – Minister for Public Expenditure Pascal Donohoe, recently shared his reflections on two books dealing, in different ways, with the planetary scale challenges currently facing global human civilisation (' Paschal Donohoe on books that advise how to run our economies and save the planet ,' July 26th). These challenges are triggered by a rapidly unfolding clash between the physical realities of a finite planet and political aspirations for unending growth in economic activity, with its seemingly insatiable appetite for more and more material and energy throughput. I'm no economist, but as a professional engineer, I know a thing or two about physics and chemistry: especially that they do not bend to wishful thinking. While apparently acknowledging these harsh realities, Minister Donohoe concludes that an agenda of stabilising (and then reducing) global economic activity is neither 'credible' nor 'achievable'. This is on the basis that – in his view – such a vision would be rejected by voters in any democratic society. Minister Donohoe is a highly experienced and respected politician, so his assessment of political feasibility must be taken seriously. But then we are between the proverbial rock and a hard place. Physics and chemistry will certainly not yield. To say that human societies, nonetheless, cannot learn to live good lives within planetary limits thus represents a counsel of despair. I, for one, refuse to accept that counsel. – Yours, etc, PROF BARRY McMULLIN, Dublin City University, Dublin Aerial views of Daniel O'Connell Sir, – The artist who inserted a television aerial in the design of the Daniel O'Connell stamp issued by an Post ( TV aerial in commemorative Daniel O'Connell stamp is 'visual signal' to modern age, not product of AI, says An Post ,' July 31st, states that it is a surreal reference to '…the impact the great communicator Daniel O'Connell's mass rallies would have had if they had been televised.' External television aerials are seldom used for television reception in 2025. Surely a more widely used communications technology that has more impact than television, such as, mobile phones would be more apt? – Yours, etc, AODÁN Ó CONCHÚIR, France. Sir, – I have tried to get AI to draw a picture for a stamp of Daniel O'Connell leaving the GPO in an elaborately gilded chariot. It's quite hard to get AI to put in a TV aerial, AI just isn't that stupid. So, it would seem that a human may have, actually, produced the official stamp. – Yours etc, JAMES O'RIORDAN, Stepaside, Dublin 18. Sir, –The artist's explanation as reported by your paper for the presence of an anachronistic tv aerial in one of An Post's recently released stamps commemorating Daniel O'Connell is the funniest piece of mylesnagcopaleenism I've read in a long time. He can not be serious! – Yours, etc, HUGH Mc DONNELL, Glasnevin, Dublin 9. Not happy with the headline Sir, – The headline ' Ceann Comhairle attends Swiss conference alongside sanctioned Russian politician, ' (July 30th) is a prime example of clickbait news reporting. In fact, it is more a case of distorting rather than reporting. I am surprised at this type of headline from your respected institution. Are politicians and representatives the world over to be denied free association and exchange of ideas every time a Russian representative appears at such venues? Are we to cancel the United Nations/Security Council meetings due to Russian involvement? I doubt that the representative speakers from all the other nations in attendance received such unfair reporting. –Yours, etc, PAUL GRAY, Dublin 9. Not happy with the photograph Sir, - What a bizarre image for the Dublin Horse Show 2025 on the cover of the sponsored supplement with yesterday's Irish Times. A woman draped across a bale of hay. Seriously? –Yours, etc, FINTAN LANE, Lucan, Co Dublin. Happy out Sir, - John Dunne's letter in yesterday's edition ( August 1st) about kids climbing trees put a broad smile on my face. Not exclusively because of the interesting content but also thanks to the epistle's humorously apt headline –Seldom seen kid – which suggests that the Letters Editor may very well be a fan of the Manchester band, Elbow. – Yours, etc, KIERAN FLYNN, Ballinasloe, Co Galway. Remembering Sean Rocks Sir, – I was deeply saddened to learn of the sudden passing of Sean Rocks, presenter of the RTÉ Radio 1 Arena programme, among many other career achievements. I listen to Arena on my long commute home every day and his engaging interviews with actors, playwrights, musicians and authors certainly gave me inspiration to check out the books, plays, films and music I may not have heard about elsewhere. A true public service broadcaster – may he rest in peace. – Yours, etc, COLETTE DAVIS, Dunsany, Co Meath. Sir, – It is with deep regret that we have heard of the death of RTÉ broadcaster Sean Rocks. Sean was a great friend of the arts and of artists across Ireland and abroad. Through his radio programme, he provided wonderful insights into the creative world. His compassion and warmth are legendary. It is hard to believe that he will no longer continue to light up our cultural realm in his unique self-effacing way which belied his enormous knowledge, both as an arts practitioner and a broadcaster. On behalf of Irish PEN/PEN na hÉireann we extend our deepest sympathy to Sean's wife Catherine and his two sons. Our sympathy too to his many friends in RTÉ and across the arts world. May he rest in peace. – Yours, etc, PÁDRAIG HANRATTY, LIZ McMANUS , Co Chairs, Irish PEN/PEN na hÉireann, Dundalk. Busy, busy, busy,even busier Sir, – On the matter of 'The look of looking busy': I recall the experience of Sam McAughtry. Many of your readers may remember Sam; writer, social commentator, humourist, trade unionist and one time civil servant. It was his first day in the Department of Agriculture in Stormont as a lowly clerical assistant. He was given an errand to go to the top floor of Dundonald House; the power centre for the most senior staff in that department. He walked briskly along the corridor, entered the lift and smiled broadly to the older gentleman also in the lift. He wanted to give a good impression. They both got out on the top floor. Sam held his head up and as he walked off speedily the older man called out to him: 'Young man, are you new?'' 'Yes,' he replied with a smile. ''Well,' said the Secretary of the Department, for it was he, 'take my advice. Never walk quickly; walk slowly. Don't smile, creates the wrong impression; bow your head and look as if you are in serious contemplation; oh, most important, carry a file'. Sam took this advice and had a very successful career in the Northern Ireland Civil Service.. He laughed when he told the story. – Yours, etc, GREG MAXWELL, Celbridge, Co Kildare. Taxing imported food Sir, – The Government should consider imposing a large tariff on unnecessary imported perishable foodstuffs. These air mile-laden, tasteless products are substantially contributing to climate change. Yesterday, in the supermarket there were french beans from Zimbabwe, mange tout peas from Ethiopia. Both products are growing abundantly in my garden in Cork. To top it off there were blackberries from the Netherlands in a year when the hedgerows are simply brimming with the fruit. – Yours, etc. TIM BRACKEN, Cork.
Irish Times
6 hours ago
- Irish Times
Presidential election winner in line for increased election expenses refund of up to €250,000
The winner of the presidential election will be entitled to reimbursement of election expenses by the State of an increased sum of up to €250,000 after this year's campaign. Unsuccessful candidates whose vote reaches a quarter of the quota are also in line for the same maximum level of refund. The sum is €50,000 more than the maximum reimbursement of €200,000 that was on offer after the 2018 election. The increase was approved by Minister for Local Government James Browne to reflect the increase in the consumer price index (CPI) – a measures of inflation – that has occurred since 2018. READ MORE On that occasion just two candidates qualified for reimbursement, President Michael D Higgins and Independent candidate Peter Casey . Mr Higgins's re-election campaign in 2018 had expenses of some €367,338, with €200,000 of this reimbursed. Mr Casey was repaid the full amount of his expenses, which amounted to €119,911. Others whose share of the vote did not meet the threshold for refunds were Independents Joan Freeman, whose campaign spent €253,194; Seán Gallagher , whose campaign had spending of €246,820; and Gavin Duffy, whose campaign cost €163,438. Sinn Féin spent €209,716 on the campaign for its 2018 candidate, Liadh Ní Riada, but also lost out on any reimbursement. The Department of Local Government on Friday said Mr Browne had signed an order increasing the maximum reimbursement amount from €200,000 to €250,000. 'Applying the CPI increase since the amount was last revised resulted in a potential increase to €252,700 which has been rounded down to €250,000.' The overall spending limit for individual presidential campaigns will remain at €750,000 for the forthcoming election, expected to take place in October or November. This €750,000 spending limit is still well above even the most expensive election campaign of recent times. That was Fine Gael's unsuccessful bid to get former MEP Gay Mitchell elected in 2011, which ran up election expenses of €527,152. Mr Mitchell's campaign did not qualify for any reimbursement. There are just two confirmed candidates in this year's presidential race so far: Fine Gael's Mairead McGuinness – a former European Commissioner and MEP – and left-wing Galway West Independent TD Catherine Connolly . Ms McGuinness has the backing of a large party and its financial resources. Ms Connolly is seeking donations from supporters and is likely to get funding from the smaller parties that back her including Labour and the Social Democrats . The sums raised for Ms Connolly's campaign through online fundraising as of Thursday evening stood at some €28,500.
