Ex-stud employee and author refused injunctions

A former employee at Coolmore Stud has been refused injunctions preventing its lawyers writing to booksellers and distributors alleging his book contained defamatory material in breach of the rights of Coolmore and others.

William Jones, of Dominic’s Court, Cashel, Co Tipperary, author of The Dark Horse Inside Coolmore, denies any defamation.

He worked at the stud from 2006 until January 2015 and alleged it was trying to suppress sale and distribution of his book, self-published last November by his company Gold Rush Publications.

He sought various injunctions, pending a full hearing of his case against the stud, restraining its lawyers writing to book distributors and retailers alleging the book contained defamatory material and seeking it not be sold.

In her judgement yesterday, Ms Justice Caroline Costello found he had made out no arguable case entitling him to the injunctions. He brought these proceedings because he was “frustrated” the stud had not sued him for defamation, not because he had a “genuine belief” it acted wrongfully towards him, she concluded. There was no obligation on Coolmore to sue Mr Jones for defamation, she said. The right to send the letters complained of was inherent in the right of access to the courts and implicit in the Defamation Act.

Coolmore’s solicitors Arthur Cox had written to the Amazon website and various bookshops referring to potential proceedings for defamation, noting the book included allegations of bullying and details of deaths of two horses Mountjeu and Jude. The book was later withdrawn by a number of distributors.

The judge said a claim by Mr Jones’ over his employment at the stud brought to the Labour Relations Commission was compromised under a December 2014 agreement. Under that, he was paid €30,000, both sides agreed not to make any derogatory comments about each other in the future and he undertook not to disclose records relating to the stud’s animals or clients.

Before his book was published in November 2015, Arthur Cox reminded him of his contractual obligations and the agreement. While Mr Jones argued he signed the agreement under duress, he received benefit under it and cannot now ignore it, Judge Costello also said. He had not claimed duress until a year after signing it.

The judge also refused the injunctions on grounds, if Mr Jones won his full action, damages would be an adequate remedy.