Denis O'Brien appeal over €823,500 defamation award struck out

The businessman and his spokesman had challenged a jury award over a press release found to have defamed two solicitors

Denis O'Brien abandons appeal over €823,500 defamation award to Belfast lawyers. Picture: Niall Carson/PA Wire

Denis O'Brien's appeal against a High Court jury award of €823,500 to two lawyers he was found to have defamed in a 2016 press release has been struck out.

Last November, the jury found Mr O'Brien and his long-time spokesman, James Morrissey, had defamed Darragh Mackin and Gavin Booth through a statement that implied the Belfast-based solicitors acted for the IRA.

Mr O'Brien issued the statement in response to a report on media ownership in Ireland, which was co-authored by Mr Mackin and Mr Booth. The statement contained the words: "Sinn Féin/IRA certainly got the report they paid for."

Mr O'Brien and Mr Morrissey were ordered to pay the lawyers €411,750 each in damages for the harm caused to their reputations. 

The jury's award fell within the "very serious" category of defamation, as outlined in Supreme Court guidelines.

Following the jury's decision, lawyers for both men lodged an appeal with the Court of Appeal, arguing that the damages award should not have fallen within the "very serious" category.

The appeal came before the Court of Appeal on Friday ahead of a scheduled hearing.

Mark Harty, appearing for Mr Mackin and Mr Booth, told Court of Appeal President Ms Justice Caroline Costello that the appeal could be struck out. 

He said no order was being sought regarding the costs of the appeal.

Joe Holt, counsel for Mr O'Brien and Mr Morrissey, said his clients consented to the order.

The judge granted the order striking out the appeal.