For those of us who are increasingly alarmed by the costs involved in defending libel actions and the phenomenon of libel tourism, here’s an interesting piece of research from Ireland (another country that libel tourists like to visit).
Unlike Britain, where the main problem is about the size of legal costs rather than damages - which have gradually been reduced - the Irish courts appear to be bumping up awards to plaintiffs.
According to the Dublin-based law firm McCann FitzGerald, over the last 15 years, libel damages awarded in Ireland have increased from around €114,000 (£101,000) in 1993 to €900,000 (£800,000) in 2008. That’s an 87% rise. Privacy damages are also consistently higher than in British courts.
McCann FitzGerald’s head of defamation, Karyn Harty, says: “Many UK-based publishers have war stories relating to cases in Ireland and they often express either bewilderment or extreme frustration in relation to their experiences here.”
She was introducing a new guide to the financial implications of libel litigation in Ireland especially for British publishers. One reason for the high level of damages and costs is because libel trials are held before juries, a rarity now in Britain.
Harty says: “Juries are still central to the Irish libel system, and it can often take many years just for a hearing date to be set with few strategic options available to secure the early disposal of claims.”
