The Gazette 1988

GAZETTE

DECEMBER 1988

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In this Issue

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Vol.82 No. 10 December

Viewpoint The announcement by the Attorney General at the launch of the National Newspapers of Ireland Report on Press Freedom and Libel that he is referring the Law of Defamation to the Law Reform Commission for examination is welcome. So too is the Report itself, wh i ch appears at a time when libel claims, particularly in the United Kingdom, have reached new heights. It is difficult to avoid the c o n c l u s i on t h at t he " S u n " newspaper regards its payment of over a million pounds damages to Elton John almost as if it were giving him the first prize in the Bingo competition. Certainly it seems to have generated as much publicity for itself out of the settlement as if it had run such a competition. The point is already being made in the U.K. that the amounts wh i ch have been awarded by juries in defamation actions are incompatible w i th the levels of awards by judges in personal injury actions and a call is being made for the removal of these actions from juries. It seems fairly clear that if these awards by juries have been excep t i ona l ly high it is because there is an element of the punitive in them, in that the juries have considered not just the extent of the damage to the plaintiff's reputation but also the recklessness of the newspapers in pub l i s h i ng u n c o r r o b o r a t ed allegations against the plaintiffs. It may well be that instead of removing the defamation actions from juries, which must be difficult to defend, since the jury is surely the best representative of the persons in whose eyes the plaintiff claims to have been defamed, consideration might be given to restricting the rights of " pub l ic persons" to bring such actions along the lines of the New York Times -v- Sullivan case.

Viewpoint

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Rights of an Agent to Reimbursement and Indemnity

Irish juries, under the supervision of the Supreme Court, have not by and large been excessive in their awards. None t he l ess there is disquiet both on the part of persons who feel they have been unfairly treated by the media and of the media itself that the law and practice on de f ama t i on needs updating and this the Law Reform Commission will soon be tackling. There is, however, one anomaly in the Rules of Court relating to defamation actions which might well be amended. In no other tort action is a defendant precluded from making a lodgment wi t hout admission of liability. It is not obvious why this distinction should apply in defamation actions. It does n o t h i ng to assist t he early settlement of cases and appears to be unfair to the defendants. It is something which might perhaps be considered by the Superior Court Rules Committee. • COMMITTEE • QUIZ NIGHT • Sponsored by the Irish Permanent Building Society Thursday, 23 February, 1989 at 8 . 30 p.m. at t he Killeshin Hotel, Portlaois YOUNGER MEMBERS

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For your Diary Practice Notes

President's Column Solicitors and VAT Aids in the Workplace Computers - where to start Disciplinary Committee Annual Report Law Society Submissions on 1989 Budget Law Society AGM

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Correspondence

Book Review

Professional Information

* Executive Editor: Mary Gaynor Committee: Geraldine Clarke, Chairman Eamonn G. Hall, Vice-Chairman John F. Buckley Gary Byrne Timothy Dalton Charles R. M. Meredith Advertising: Liam 0 hOisin. Telephone: 305236 307860 Printing: Turner's Printing Co. Ltd., Longford. : * The views expressed in this publication, save where otherwise indicated, are the views of the contributors and not necessarily the views of the Council of the Society. The appearance of an advertisement in this publication does not necessarily indicate approval by the Society for the product or service advertised. Published at Blackhall Place, Dublin 7. Tel.: 710711. Telex: 31219. Fax: 710704. Daire Murphy John Schutte

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Mr. Eugene O'Connor, Alured Rolleston & Co., Solicitors, Ch u r ch Street, Portlaois, Co. Laois. Tel.: 0 5 0 2 / 2 1 3 29

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