Stringer v The Irish Times Ltd

• Jurisdiction: Ireland
• Judge: Carney J.
• Judgment Date: 01 January 1995
• Neutral Citation: 1998 WJSC-HC 12450
• Docket Number: 1987 No.10963P And 1987 No.10964P,[1987 No. 10963P; 1987 No. 10964P]
• Court: High Court
• Date: 01 January 1995

1998 WJSC-HC 12450

THE HIGH COURT

1987 No.10963P And 1987 No.10964P

STRINGER & MURRAY v. IRISH TIMES LTD

RAYMOND STRINGER AND LOUIS MURRAY

PLANITIFFS

.v.

THE IRISH TIMES LIMITED

DEFENDANTS

Citations:

GATLEY ON LIBEL & SLANDER 8ED PARA 624

CONSTITUTION ART 34

CONSTITUTION ART 34.1

SINGER, IN RE 97 ILTR 30

R, IN RE 1989 IR 126

COMPANIES ACT 1963 S205

Words & Phrases:

CEF

Subject Headings:

*

1 Ruling delivered the 3rd day of February 1993 by Carney J.

2 I have considered the submissions made and the authorities opened. Mr. Condon rightly urges caution in relation to placing reliance on Gatley by reason of the developing divergence between the law of Ireland and that of England and Wales. Nevertheless I am satisfied that Irish law in relation to the matter now in issue is correctly stated in Gatley paragraph 624 of the eighth edition in the following terms:-

"624. Publication of contents of documents not brought up in open court."

3 Privilege will, of course attach to the publication in a newspaper of a document read out in open court and filed as an exhibit in an action or to a fair and accurate statement of the contents of such document, but privilege will not, semble, attach to the publication in a newspaper of the contents of pleadings, affidavits, or other papers filed in civil proceedings and not brought up in open court. "It would be carrying privilege farther than we feel prepared to carry it, to say that, by the easy means of entitling and filing a statement of claim in a cause, a sufficient foundation may be laid for scattering any libel broadcast with impunity". The same rule applies to the publication of the contents of documents filed in pending criminal proceedings, and not brought up in open court. The fact that the public is bound to become aware of the contents of the documents at the trial does not justify their prior dissemination on the ground of public interest. "The reasons underlying the common law rule as to qualified privilege make it entirely logical to draw a line between what took place in open court and that which is done out of court by one party alone"".

4 Mr. Condon submits that a constitutional privilege can be identified in Article 34 of the Constitution. Article 34.1 provides

"Justice shall be administered in Courts established by law by Judges appointed in the manner provided by this law by Judges appointed in the manner provided by this Constitution, and save in such special and...