The Defamation Act 2009 introduced the ‘offer-of-amends’ procedure into Irish law for the first time. The purpose of the procedure has been described as “vindication without litigation”.

How it works

In brief, an offer of amends under the 2009 act means an offer to make a suitable correction and a sufficient apology, to publish that correction and apology, and to pay compensation of damages (if any) as may be agreed by them, or as may be determined.

If the offer of amends is accepted, but the parties are unable to agree on the terms of any settlement – and, specifically, the amount of damages payable – the plaintiff can bring a motion for directions seeking to have the court determine the issue of damages in accordance with section 23(1)(c) of the 2009 act.

New jurisprudence

In the past 12 months, the Irish courts have finally had a chance to consider some of the specific points that can arise under the procedure, writes Cork-based barrister Brian Hallissey.

Where an offer is made but not accepted, it can be used as a defence to the plaintiff’s claim. However, where it is pleaded, no other defence can be pleaded with it, as it is essentially an admission of liability. Plaintiffs should carefully consider any offer of amends made, argues Hallissey. Failure to accept an appropriate offer may lead to an adverse costs award at the end of a full hearing.

In the Gazette, Hallissey highlights specific cases, showing the issues that can arise, and the criteria that courts will consider when evaluating the level of compensation in an offer-of-amends assessment.

• Read the full article in the April 2017 Gazette

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