Denis O’Brien challenge to defamation damages award struck out

High Court Reporters

Denis O’Brien’s appeal to a High Court jury’s award of €823,500 to two lawyers the businessman defamed in a 2016 press release has been struck out.

Last November, the jury found O’Brien and his long-time spokesman James Morrissey had defamed Darragh Mackin and Gavin Booth in the statement that implied the Belfast-based solicitors acted for the IRA.

O’Brien made the statement in response to a report on media ownership in Ireland, which was co-authored by Mackin and Booth. The statement contained the words: “Sinn Féin/IRA certainly got the report they paid for”.

O’Brien and Morrissey were ordered to pay the lawyers €411,750 each to compensate the damage done to the solicitors’ reputations arising from the defamation.

The jury’s award of damages fell within the category for “very serious” instances of defamation, as outlined in Supreme Court guidelines.

After the jury decision, lawyers for both men lodged a challenge to the award at the Court of Appeal. They submitted the award shouldn’t have been in the range for “very serious” defamation.

Their challenge to the award was listed before the Court of Appeal on Friday, in advance of the hearing of the appeal.

Mark Harty, appearing for Mackin and Booth, told court president Judge Caroline Costello the appeal could be struck out.

He said there was no order sought in respect of the legal costs of the appeal.

Joe Holt, barrister for O’Brien and Morrissey, said his side was consenting to the order.

The judge made the order as sought.