Gallagher v Tuohy

JurisdictionIreland
CourtChancery Division (Irish Free State)
Judgment Date01 January 1924
Date01 January 1924
Ch. Div., I. F. S.,
Gallagher
and
Tuohy

Libel - Interlocutory injunction - Jurisdiction - Plea of justification.

An interlocutory injunction was sought to restrain the publication of an alleged libel, pending the trial of the action. The defendants pleaded justification and swore that they would be able to justify the libel:—Held following Bonnard v. PerrymanELR, [1891] 2 Ch.269, that when a defendant takes upon himself the onus of justification and the Court is not satisfied that he may not be...

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5 cases
  • Reynolds v Malocco
    • Ireland
    • High Court
    • 1 January 1999
    ...in this jurisdiction as to the proper approach to take on this topic. 31 On the one hand there is the decision in Gallogher v. Tuohy. (1924) 58 ILTR 134 where the matter complained of consisted of a circular containing defamatroy statements concerning the plaintiff in his business capacity.......
  • Tansey -v- Gill and Others
    • Ireland
    • High Court
    • 31 January 2012
    ...RSC O.11 r1 DEFAMATION ACT 2009 S11(2) DEFAMATION ACT 2009 S33 REYNOLDS v MALOCCO 1999 2 IR 203 ELR 274 2002 GALLAGHER v TUOHY 1924 58 ILTR 134 CULLEN v STANLEY 1926 IR 73 DEFAMATION ACT 2009 S33(1) DEFAMATION Interlocutory injunction Publication on internet - Defence of justification - ......
  • Mercury Engineering and Others v McCool Controls & Engineering Ltd
    • Ireland
    • High Court
    • 19 July 2011
    ...be two conflicting decisions in this jurisdiction as to the proper approach to take on the topic. He referred to Gallagher v. Tuohy [1924] 58 I.L.T.R. 134 at 135 where Murnaghan J. referred to the decision in Bonnard being reasonably clear that the Court should not readily restrain the publ......
  • Beaumont Hospital Board and Another v O'Doherty
    • Ireland
    • High Court
    • 9 July 2021
    ...in this jurisdiction as to the proper approach to take on this topic. On the one hand there is the decision in Gallagher v Tuohy (1924) 58 I.L.T.R. 134, where the matter complained of consisted of a circular containing defamatory statements concerning the plaintiff in his business capacity.......
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