Libel law - O’Brien case shows need for reform

Precisely how ridiculous and in need of serious reform our libel laws are was illustrated graphically by the awarding of €750,000 to Denis O’Brien against the Mirror Newspaper Group.

The record damages — the highest awarded in the State — was absurd, given that the Supreme Court had negated an award of £250,000 (€317,000) in Mr O’Brien’s favour six years ago by a jury in the High Court.

The absurdity arises because the jury this week was given no indication of the superior court’s attitude to that award, the excessiveness of which was appealed by the Mirror.

The Supreme Court believed, too, that the six-year-old award was excessive, because the libel committed against Mr O’Brien did not warrant such an amount, and returned the case to the High Court solely on the basis of the damages. There, the jury, in total ignorance of the Supreme Court’s considerations, awarded about double the original award.

Under the current system the jury this week was precluded from being told that the Supreme Court considered the original award excessive and was overturned.

It would make common sense if Irish juries were allowed to be given some guidelines on the question of damages, as British juries are and acknowledged by the European Court.

Certainly, Mr O’Brien was entitled to damages but if justice is to be dispensed equably, the legislation must be reformed.