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Defamation Cases - does the jury decide the amount of award, or is it the judge?

  • 13-05-2025 02:56PM
    #1
    Registered Users, Registered Users 2 Posts: 871 ✭✭✭


    My question arises in the context of a lunchtime discussion about an ongoing defamation case that I know cannot be discussed here!

    But what I'm wondering is whether the amount of damages awarded, in the event of a plaintiff winning their defamation claim, is decided by the jury or by the judge. If awarded by the jury, are there any guidelines as to how much compo would be appropriate, or is the jury completely free to decide on what amount should be awarded?

    Thanks.

    Post edited by Robbo on


«1

Comments

  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,621 Mod ✭✭✭✭Robbo


    The jury decide the level of damages, having been given guidance as to appropriate amounts by the trial judge (Higgins v. Irish Aviation Authority [2023] IESC 13). Where the jury goes overboard, a lower award can be subsituted by an appelate court such as in Kinsella v. Kenmare Resources [2019] IECA 54 where an initial award of €9m was substituted by one for €250,000.



  • Registered Users, Registered Users 2 Posts: 871 ✭✭✭StormForce13


    Thanks. If I remember that case correctly, wasn't it about sleepwalking? Crazy award by the jury!



  • Registered Users, Registered Users 2 Posts: 23 meat eating green


    Yes

    Totally loony award

    The libel laws should be done away with

    They are mainly used by the rich to muzzle the media



  • Registered Users, Registered Users 2 Posts: 23 meat eating green


    I think that French libel laws allow a token symbolic award plus costs

    That would be more reasonable



  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,621 Mod ✭✭✭✭Robbo


    You'll be pleased to hear that libel, as a tort, hasn't existed in Ireland since 2009.



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  • Registered Users, Registered Users 2 Posts: 871 ✭✭✭StormForce13


    Didn't Albert Reynolds get awarded a derisory amount when he sued the Sunday Times a few decades ago? "Won" the case and was awarded Stg£1 in damages and, as far as I remember, had to pay his own costs.



  • Registered Users, Registered Users 2 Posts: 871 ✭✭✭StormForce13


    Great news! Gerry the Peacemaker has just been awarded €100,000 by an Irish jury for the damage caused to his unimpeachable reputation by BBC NI!

    🤑 🤮

    Post edited by StormForce13 on


  • Registered Users, Registered Users 2 Posts: 14,366 ✭✭✭✭Geuze


    The case was taken in the RoI?

    Even though the BBC is from the UK?



  • Registered Users, Registered Users 2 Posts: 871 ✭✭✭StormForce13


    Both Gerry and his legal team know where the most pliable jurors (and the biggest bucks in damages) can be found!



  • Registered Users, Registered Users 2 Posts: 74,063 ✭✭✭✭FrancieBrady


     most pliable jurors

    That's a slur worthy of those who cannot accept that they were wrong.



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  • Registered Users, Registered Users 2 Posts: 1,125 ✭✭✭SupaCat95


    Yep remember it well. "The Penny that cost 1 million pounds". They called him a "Gombeen man" in the UK edition but not reprinted in the Irish edition. I think it was his daughter who was passing through the air port picked up a copy and spotted it.



  • Registered Users, Registered Users 2 Posts: 1,125 ✭✭✭SupaCat95


    Not totally true. A distant relation of mine was in court and accused of horrendous acts. It was an open and shut historic case. She very foolishly kept silent. Afterwards the accuser recanted, the support witness was a schizophrenic. The DPP was dismissed. She went to town on all the 4 big papers and settled out of court. I never heard the settlement. If you print something you must have proof.



  • Registered Users, Registered Users 2 Posts: 871 ✭✭✭StormForce13


    Backing the wrong donkey in the Derby as usual, Frankie. No surprises there!



  • Registered Users, Registered Users 2 Posts: 74,063 ✭✭✭✭FrancieBrady


    I haven't 'backed' any person or donkey here.

    No need to lose your dignity or credibility and lash out like that. It's just a court case. The Beeb will get over it and learn a bit.



  • Registered Users, Registered Users 2 Posts: 871 ✭✭✭StormForce13


    The whole thing was quietly settled about a decade later; details of the agreement were never disclosed, but it appears that both sides paid their own legal costs. I assume that the Sunday Times also paid him the penny in damages that he had been awarded. https://en.wikipedia.org/wiki/Reynolds_v_Times_Newspapers_Ltd

    The Reynolds outcome probably explains why Saint Gerry The Peacemaker used the Dublin Courts, although alleged smear to his virtuous reputation had occurred in a different jurisdiction!



  • Registered Users, Registered Users 2 Posts: 1,125 ✭✭✭SupaCat95


    Its a pity there are so many sources that contradict those finding ….. British intelligence, Irish Intelligence, PSNI, Gardai, CIA and FBI. I wonder if Wikileaks had files on him? John Crawley comes very close to naming "Familiar Face" a FRU deep cover agent. "Familiar Face" shopped John Crawley and his team coming back from United States with a load of rifles and possibly support weapons. John Crawley in his book says he wanted to standardise training from his background in Marine Corps Recon. He said the political element viewed volunteers as disposable commodities. When the Irish Naval Service interdicted him and his team, FBI, British and Irish intelligence were onboard and they had the whole story. Much like Haughey, Blaney and Coronel O'Connell, British intelligence knew all about everything and were waiting to intercept them.



  • Registered Users, Registered Users 2 Posts: 74,063 ✭✭✭✭FrancieBrady


    John Crawley's view or your view was not under consideration in this case.

    Folk don't seem to be able to grasp that 'reputations' vary.
    Some people think differently to others.
    Churchill would be a good example, a massive good reputation in GB but not so much here.
    Reputation varies and normal people accept that.
    Trying to impose a single view is so warped and totalitarian it's bizarre.
    The jury didn't even have to hold Adams in good repute, what they were asked to do was to decide was Adams reputation among those who hold him in good repute - damaged.
    Once you grasp the above the pain of this case might ease a bit. Because a lot of people are very upset. I have never seen so much bitterness and shock at a result.



  • Registered Users, Registered Users 2 Posts: 1,125 ✭✭✭SupaCat95


    I do accept reputations vary and most people get their opinions from the media.

    I am not sure I am your version of "normal". I tend to listen to what people say they are going to do and watch the deliverables. Such as Gerry Adams and Martin McGuinness meeting the Irish government to talk about a cease fire and then the next week the great Northern Bank robbery happens. IRA is on ceasefire one week and the Canary Warf bombings happen the next.

    It would be silly to ignore statements of Delours Price and Brendan Hughes that convinced them that he sold out republicans. What did they experience that they thought needed to be known that was more important than their Oath of Secrecy to Republican Movement. Why do the code names "Familiar Face", "Fisherman" and "Stakeknife" keep being circulated? I am very sorry to say I will not be alive nor will it matter 50 years from now when that information will be released.

    I feel I cannot judge Gerry Adams, wholesomely on his decisions because I am not the same age and did not grow up either on the border or north of the border and I did not know his choices. I can safely tell you I would brick myself if a British agent sat me down for an interrogation and place a file in front of me and told me "I can turn your and everyone elses around your world upside down". Apparts from the States in the English speaking world there wasnt very far to go where they wouldnt have reach.

    How would you explain my "bitterness" to Jean McConvilles family?



  • Registered Users, Registered Users 2 Posts: 74,063 ✭✭✭✭FrancieBrady


    I do accept reputations vary and most people get their opinions from the media.

    Good, the verdict shouldn't be hard understand so.



  • Registered Users, Registered Users 2 Posts: 1,125 ✭✭✭SupaCat95


    My problem is not with jury……. its with the amount of evidence presented over 50 years. Its the same as asking me do I accept that David Thrimble was also involved on the ground of stirring up sectarian violence or did John Phoenix play outside the rules of engagement? I am sure they both did. Why is it so hard to admit Gerry Adams was either Chief of Staff or Deputy of the PIRA?

    I am suggesting Adams called in the FRU to fix it.



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  • Registered Users, Registered Users 2 Posts: 74,063 ✭✭✭✭FrancieBrady


    Not the thread to discuss your beliefs.

    If you need to slander the jury as has been done by a poster here you need to question your belief system and what or who is feeding it.



  • Registered Users, Registered Users 2 Posts: 1,125 ✭✭✭SupaCat95


    I am not slandering the jury, I am suggesting that something swayed the jury based on the mountain of evidence.

    Before I am accused of being a shill of the British government. I recognise all sides in a conflict do **** things even seemingly benign people like Mo Mowlam.

    You seem to think that Gerry Adams was in the Boy scouts and never coloured outside the lines in his life. He never said one thing and did another. He never took assistance from the Politburo. He never traded operator in to save his own skin. That is all based on evidence.



  • Registered Users, Registered Users 2 Posts: 74,063 ✭✭✭✭FrancieBrady


    I made no observations on Adams here.

    I also didn't say you slandered the jury.

    I explained the concept of 'reputation' to you and you agreed, so we are done I think.



  • Registered Users, Registered Users 2 Posts: 1,125 ✭✭✭SupaCat95


    I had a think about it. I suppose you are right. To find out that Gerry Adams may have some nasty things as the Chief of Staff/Deputy of the IRA army council, might be quite devastating for some people. I also want to offer my own story that I too was personally devastated to find out that not did Santa Claus may not exist but Easter Bunny and Toothfairy …… may or may not be real either.



  • Registered Users, Registered Users 2 Posts: 74,063 ✭✭✭✭FrancieBrady


    To me as an observer, the BBC were on a sticky wicket with this case early doors. They couldn't produce a real person who would say that Gerry had done what they accused him off. Instead they produced a line of people who they thought could be quite devastating about Gerry to see if that would cover for the accusation they made but couldn't back up. Turns out the person who told the BBC that Gerry done it and the 5 people who corroborated it were effectively as 'real' as Santa, the Easter Bunny and the Toothfairy.

    As we know the jury were not convinced by the distractions and decided as they did.



  • Registered Users, Registered Users 2 Posts: 871 ✭✭✭StormForce13


    It looks as though Gerry The Peacemaker's great victory has scared off the family of one of his alleged victims. The Sunday Independent is reporting that:

    Gerry Adams will likely avoid a potential civil case by the daughter of IRA murder victim Jean McConville following his libel victory over the BBC at the High Court Dublin. Helen McKendry told Sunday Life the staggering sums involved in the case – up to €4.98m in costs and damages – has made her reconsider trying to sue the former Sinn Fein leader.

    Her mother was abducted, killed and secretly buried by the IRA in 1972 becoming the most high-profile victim among the Disappeared. The story was portrayed in recent Disney+ series Say Nothing, which featured two actors playing the part of Gerry Adams. Mr Adams — who in 2014 was arrested over the murder then released without charge — has repeatedly denied having anything to do with the death of the mother-of-10.

    “I’m very disappointed he won the case but now I’m of the mind should I really even bother, what’s the point?” she told Sunday Life. “If I took Adams into court, I don’t have the money I just have a GoFundMe and if I lose where will I stand?”



  • Registered Users, Registered Users 2 Posts: 74,063 ✭✭✭✭FrancieBrady


    I thought Gerry's win was down to his team knowing where the 'most pliable jurors' could be found?
    Are juries/judges 'pliable' in NI too?



  • Registered Users, Registered Users 2 Posts: 1,125 ✭✭✭SupaCat95


    I do understand McConvilles grief and need for closure. It will continue on for at least another generation. I do hope they get it. It is very difficult taking on an Agent of the state. We have no idea how far up it went past Adams. Everyone is nearly dead now. I am sure there is a file in Whitehall (and Dublin Castle) about it. As a former First Minister he probably has bottomless pockets against a common man. Its an impossible that even though everyone knows what happened.



  • Registered Users, Registered Users 2 Posts: 74,063 ✭✭✭✭FrancieBrady


    Research letting you down here. Adams was never a ‘First Minister’.



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  • Registered Users, Registered Users 2 Posts: 1,125 ✭✭✭SupaCat95


    Sorry President of Sinn Fein. how about you comment on some of the FRU stuff and speculate who on the Army council might be PSNI/Army intelligence/ MI5 assets?



This discussion has been closed.
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