Defamation by newspaper over tax default listing upheld and high court costs awarded to successful plaintiff

The Court of Appeal dismissed the appeal brought by a newspaper publisher over its publication falsely stating that the plaintiff was named on the Tax Defaulters List for significant settlements with the Revenue. The High Court had previously ruled against the publisher, rejecting its defence that the article was covered by qualified privilege and limiting the plaintiff's costs to the Circuit Court scale, as the jury award was within Circuit Court jurisdiction. On appeal, the Court of Appeal affirmed the High Court’s finding that qualified privilege did not apply, as publication to the general public can only rarely attract such protection and no exceptional circumstances arose. However, the Court of Appeal overturned the costs ruling, deciding that the plaintiff was entitled to High Court costs in light of the complexity and near-highest permissible award. The case is notable for the publisher’s erroneous identification of the individual and its refusal to fully correct or apologise for the mistake.