Denis O’Brien Found to Have Defamed Two Lawyers, ordered to Pay €823,500 in Damages
Table of Contents
A High Court jury has found businessman Denis O’Brien and his spokesperson, James Morrissey, liable for defaming two solicitors, Darragh Mackin and Gavin Booth, in a 2016 press release.The jury determined the statement implied the solicitors acted for the Irish Republican Army (IRA).O’Brien and Morrissey have been ordered to jointly pay €411,750 each, totaling €823,500, in damages to the solicitors to compensate for the harm to their professional reputations.
Background to the Case
The legal action stemmed from a sentence in a press release issued by O’Brien and Morrissey which read: “sinn Féin/IRA certainly got the report they paid for.” https://www.irishtimes.com/news/crime-and-law/high-court/denis-o-brien-defamed-two-lawyers-in-2016-press-release-jury-finds-1.9763198
Mackin and Booth, partners at Belfast-based Phoenix Law, were co-authors of a report on media ownership in Ireland. The report was commissioned by Lynn Boylan, then a Member of the European Parliament (MEP) for Sinn Féin. At the time, O’Brien held significant stakes in several Irish media companies, leading to scrutiny of media ownership and potential conflicts of interest.
The Defamation Claim and Jury Deliberation
The solicitors argued that the statement in the press release falsely and damagingly linked them to the IRA, an unlawful institution. O’Brien and Morrissey defended their statement, claiming it was meant to convey that the report was biased and designed to promote Sinn Féin’s political agenda, not that the solicitors were acting for the IRA.
After two hours and 20 minutes of deliberation, the jury unanimously concluded that the words used by O’Brien and Morrissey meant that both solicitors had acted for the IRA. This finding was crucial in establishing defamation.
Legal Representation and Damages Awarded
Darragh Mackin and Gavin booth were represented by Tom Hogan SC, Mark harty SC, barrister Conan Fegan, and instructed by johnsons Solicitors. Denis O’Brien and James Morrissey were represented by Darren Lehane SC, barrister Joe Holt, and instructed by Meagher Solicitors. https://www.rte.ie/news/courts/2023/1121/1414411-denis-obrien-defamation-case/
The jury awarded both solicitors €411,750 each, encompassing both general and aggravated damages. Aggravated damages are awarded when the defendant’s conduct is considered notably malicious or egregious.
Implications and Future outlook
This case highlights the significant legal risks associated with public statements that could be interpreted as defamatory. The significant damages awarded underscore the seriousness with which the courts view reputational harm, particularly for professionals whose livelihoods depend on their good name.
The outcome of this case may encourage greater caution in public discourse, especially concerning allegations of association with unlawful organizations. It also reinforces the importance of carefully considering the potential implications of statements made in press releases and othre public forums.
Related reading