Ireland: Court reports and defamation – Eoin O’Dell

8 02 2016

320px-CriminalCourtofJusticeDublinBefore Christmas, the Attorney-General called for a debate on the question of whether reports of court proceedings should be actionable in defamation only if there is proof of malice. Putting her money where her mouth is, she has now referred the matter to the Law Reform Commission (Irish Legal News |Irish Times). Read the rest of this entry »





Ireland: Reform of defamation, court reports – Eoin O’Dell

8 01 2016

320px-CriminalCourtofJusticeDublinOn 18 December 2015 the Attorney General, Máire Whelan, called for a debate on the question of whether reports of court proceedings should be actionable in defamation only if there is proof of malice (Irish Independent |Irish Times | RTE). Read the rest of this entry »





Ireland: Is Dublin becoming the defamation capital of the world, the libel-tourism destination of choice? – Eoin O’Dell

17 11 2015

DublinThe Guinness Storehouse claims to be Ireland’s most popular tourist attraction. As the city is out of the running to become European Capital of Culture, 2020 (a title it last held in 1991), and as the Web Summit is moving to Lisbon from next year, tourist attractions like the Storehouse are probably glad to know that Dublin seems to be taking London’s mantle as Capital of Defamation, as the destination of choice for libel tourists seeking a congenial jurisdiction in which to bring a defamation action. Read the rest of this entry »





Ireland: Full Breach Damages in data protection cases, the impact of Vidal-Hall on Collins v FBD – Eoin O’Dell

11 07 2015

FBDDataSubjectThe Court of Appeal decision in Google Inc v Vidal-Hall [2015] EWCA Civ 311(27 March 2015) (Dyson MR and Sharp LJ in a joint judgment; McFarlane LJ concurring), affirming the judgment of Tugendhat J (at[2014] EWHC 13 (QB) (16 January 2014)), is a very important decision on damages for invasion of privacy, and it raises significant questions about the correctness of Feeney J’s reasoning in the earlier Irish case of Collins v FBD Insurance plc [2013] IEHC 137 (14 March 2013). Read the rest of this entry »





Pornography, cyberbullying, and internet regulation – Eoin O’Dell

7 08 2013

TheJournal.ie PollThe image, right, shows the result of a poll on The Journal.ie which ran last Tuesday: the question was whether Ireland follow the UK’s lead in blocking online porn? And the results show a slight majority (54%) against doing so. This comes in the wake of proposals from UK Prime Minister David Cameron to compel internet service providers to block pornographic material by default. Read the rest of this entry »





Ireland, Open justice and access to court documents: a footnote – Eoin O’Dell

10 06 2013

stlcourtdocs2Article 34.1 of the Constitution provides that “Justice … shall be administered in public“. By way of footnote to my earlier post on Open justice and access to court documents comes the decision of Hogan J in Allied Irish Bank plc v Tracey (No 2) [2013] IEHC 242 (21 March 2013). The applicant had been mentioned in affidavits filed by the defendant in the main action, and took this motion to have access to those affidavits. Read the rest of this entry »





Ireland: I will always know what you did last Summer, Mr Cowen – Eoin O’Dell

29 01 2013

Mail apology to Cowen, via @davidcochraneThe image is a thumbnail of an apology printed in yesterday’s Irish Mail on Sunday; click through for a full-size twitpic by David Cochrane. It is headed “Brian Cowen”, and it consists of four paragraph. The first paragraph (which consists of a single sentence) begins by referring to their story of Cowen’s attendance at the Executive Education Programme at Stanford University which has been the subject of three earlier posts (here, here and here) on this blog, speculating as to the strength of Cowen’s possible complaint to the Press Council of Ireland and the Office of the Press Ombudsman that article invaded his privacy. Read the rest of this entry »








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