Recent headlines suggest Irish courts are becoming less tolerant of trivial defamation claims.
In December 2019 (Diop v Transde v Dublin Light Rail and others) the High Court awarded €500 damages and advised that nominal damages only would be sufficient to vindicate the plaintiff’s reputation and good name.
Previously we have seen awards of €15k plus made for minor incidents, such as clumsy accusations of shoplifting by retail or restaurant staff.
The much-heralded Injury Reform proposals include the suggestion that the District Court should be allowed to hear defamation cases (and/or provide alternative dispute resolution mechanisms) as opposed to High Court. This would improve this exposure further and could improve retail sector premiums in particular.
Wrongful arrest and defamation cover is available from Blackrock, alongside access to trade specific risk management advice for policyholders on how to manage the wrongful arrest situation.