Defamation judgment over newspaper article set aside

A judgment for defamation of character against Associated Newspapers (Ireland) Limited in favour of businesswoman and former model Kay Mulcaire has been set aside.

Judge Jacqueline Linnane awarded Ms Mulcaire her legal costs for two court applications seeking judgment in default of defence against the owner of Irish Mail on Sunday.

Ms Mulcaire runs Kay’s Boutique in Adare, Co Limerick, and Isobel in Rathkeale, Co Limerick.

Ms Mulcaire, of Kilcoole Stables, Rathkeale, claims the Irish Mail on Sunday in Apr 2010 defamed her in an article by Beibhann Beirne commenting on her winning the best dressed prize at Punchestown race day earlier that month.

In a civil bill alleging defamation of character, Ms Mulcaire stated the article headlined “Judging womens’ looks like animals is demeaning, and it is why we get so few of the top jobs”, stated she had allowed herself become arm candy to be ogled in attention-seeking clothes and prove herself in an entirely superficial way and referred to best dressed competitions at racetracks as the human Crufts.

In the Circuit Civil Court yesterday, Judge Linnane said that solicitors for Associated Newspapers (Ireland) Limited had received nine letters seeking entry of a defence and faced three court applications seeking judgment in default of defence.

Tom Murphy, for the newspaper, told the court that the county registrar, Susan Ryan, on Dec 18 had granted judgment against the newspaper company with assessment of damages at the trial date but had put a stay on her order until Jan 14.

He said a robust defence had been entered on Jan 15. He had drawn up the document which had been available since Oct 2011 and perhaps naively, because of ongoing settlement talks, the newspaper’s solicitors had overlooked entering it.

Inadvertently, there had been no appearance in her court by lawyers for the company on Dec 18 when she had granted judgment with a stay.

Michelle Liddy, counsel for Ms Mulcaire, said she accepted the non-appearance on Dec 18 had been due to inadvertence but she could not understand why, because of ongoing settlement talks, they would think she did not require entry of a defence.

Judge Linnane set aside the judgment and said there should be an early trial of the proceedings.