The Sunday Times has failed to stop a defamation action by a man who previously sued a midwife for interrupting his filming of the birth of his child.
John McAuley of Beattie Park, Celbridge, Co Kildare claims an article about the original proceedings by journalist Brenda Power in the Sunday Times made him look like 'an idiot'.
The article was published in March 2009 in the aftermath of Circuit Court proceedings by John McAuley in which he claimed damages against a midwife and Mount Carmel Hospital after being asked to stop filming the birth of his daughter.
The case was struck out and Mr McAuley alleges the subsequent piece by Mx Power means that he was insensistive and had little concern for his newborn daughter and had continued filming during the emergency caesarean section when the baby had failed to breathe.
Lawyers for the paper and Ms Power tried to stop his latest legal action arguing the article was not defamatory, and that Mr McAuley has no chance of success.
High Court President Nicholas Kearns has agreed to strike out some of his claims on the basis that they are incapable of having a defamatory meaning but he has given his permission for the bulk of the case to go to a jury.