Bad News for Media Victims

Readers may recall the case of O'Connell v Irish Times in which a mother sued the newspaper for distress caused by allegedly negligent reporting of the circumstances of her son's death. The Plaintiff succeeded in the Circuit Court, but the newspaper appealed to the High Court. (Circuit Court decisions have no formal precedential authority).

The appeal was finally reached recently.

Unfortunately, it was settled before the Court could make a decision. The details are not in the public domain but I gather that, in the final result, the Plaintiff got something from the proceedings, but unfortunately not the satisfaction of improving the legal position of media victims.

That Important Cork Negligent Publication case

Looking at the called-over list for appeals from Cork Circuit Court, I was startled to see that the two judges assigned to the list are the Limerick duo of Murray C.J. (remember him ?) and Johnson P.. It is a little unusual (only a little) for a member of the Supreme Court to sit as a High Court judge, but I don't remember the Chief Justice doing so before. It is somewhat intimidating for practitioners to have him paired with the President of the High Court.

No doubt, it is completely coincidental that our old friend the negligent publication case is listed (at no.16)for hearing, having been adjourned from the last appeal sessions, which - I now recall - also featured a Supreme Court judge.

Update on Tuesday, May 6, 2008 at 02:11PM by Fergus O'Rourke

I have it on the best authority that the "negligent publication" case cannot proceed. Due to the postponement of the appeal sessions from March to June, a crucial witness has become unavailable. (Circuit Court appeals proceed by a full re-hearing).

Legal Jobs

I have today added a new page here giving links to firms offering listings of jobs of interest to the Cork law community.

Cork Case of International Significance

Readers may remember the case of O'Connell v. The Irish Times, reported by me earlier this year.In brief, the newspaper was ordered to pay damages because of negligently reporting, allegedly, that a dead man had been a drug-dealer, thus causing his mother psychological injury.

As I anticipated, the decision was appealed to the High Court, and the appeal was listed for hearing this week as you will, of course already have read about here but has been adjourned to the next Appeal sessions in March 2008.

Interestingly perhaps, the delay is due (so the court was told this morning in my own presence)to difficulties in deciphering transcripts of the original criminal trial, the report of which was allegedly negligent.

A Page of Legal Links for Cork

I have added to this website a page of material specific to the Cork legal scene, which I hope will be useful to locals and non-locals, lawyers and non-lawyers, alike. It will , however, clearly be most relevant to local lawyers and those with an interest in Cork legal affairs.

The page is here.