Deighan v Sunday Newspapers Ltd

JurisdictionNorthern Ireland
CourtQueen's Bench Division (Northern Ireland)
Judgment Date01 January 1987
Date01 January 1987
Sunday Newspapers Ltd

- Foreign court - Libel action - Previous action between the same parties concerning the same publication in another jurisdiction - Publication referring to plaintiff's conviction - Conviction now spent - Possibility of appeal concerning previous action the essential issue is the same - Whether final judgments given.

The plaintiff sought damages for libel arising out of a publication by the defendant in issues of its newspaper, The Sunday World, of 13 and 20 May, 1979, of articles in which the plaintiff claimed to have been libelled. The newspaper, which was printed in Dublin, was published and circulated both in the Republic of Ireland and in Northern Ireland. The plaintiff first issued proceedings in the Republic of Ireland claiming damages for libel. The defendant pleaded, inter alia, justification and fair comment. The plaintiff's action was heard before a judge and jury in the High Court of Dublin in February, 1982, and judgment was entered for the defendant. The plaintiff appealed to the Supreme Court in March, 1984, which dismissed his appeal with costs. In August, 1984, the plaintiff made application to the European Commission of Human Rights, complaining under Article 6 of the Convention, that he had been denied a fair and public hearing by an independent and impartial tribunal in a number of respects, in particular, because one of the judges of the Supreme Court hearing the plaintiff's appeal, held shares in the defendant's holding company. In December, 1986, the Commission rejected all the plaintiff's claims as inadmissible on the ground that they were manifestly illfounded. The plaintiff raised the issue again in the course of the proceedings to review the taxation of costs awarded to the defendant in the High Court and Supreme Court. The plaintiff argued that the orders of the Supreme Court were voidable because of the interest of a member of the Supreme Court in the defendant's holding company. The motion was dismissed by the High Court and the plaintiff served a notice of appeal to the Supreme Court in April, 1987. In May, 1982, the plaintiff commenced proceedings in Northern Ireland claiming damages for libel. The statement of claim delivered in Northern Ireland contained identical averments to those contained in the statement of claim delivered in the Republic of Ireland and the publication pleaded, consisting of the newspaper articles alleged to be defamatory, were identical in each...

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3 cases
    • Ireland
    • High Court
    • 23 May 2012
    ...raised by way of defence to summary proceedings - New evidence - The Sennar (No 2) [1985] 1 WLR 490 and Deighan v Sunday Newspapers Ltd. [1987] NI 105 approved - Whether alleged tort of reckless lending existed - ICS Building Society v Grant [2010] IEHC 17, (Unrep, Charleton J, 26/1/2010) ......
  • George v AVA Trade (EU) Ltd
    • Ireland
    • High Court
    • 29 March 2019
    ...therefore, was not covered by issue estoppel. 98 Referring to the decision of Carswell J. (as he then was) in Deighan v. Sunday World [1987] NI 105, counsel for the defendant argued that, in considering whether an issue had been decided in previous proceedings, it is necessary to look not ......
  • Corbett v LSREF III Achill Investments Ltd
    • Ireland
    • High Court
    • 8 April 2016
    ...1 I.R. 449, Kelly J. reviewed the authorities in England (The Sennar (No. 2) [1985] 1 W.L.R. 490) and in Northern Ireland ( Deighan v. Sunday Newspapers Ltd. [1987] N.I. 105). He held that the law of Ireland on the subject of res judicata where there is an appeal pending was no different ......

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