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High Court, in a defamation action arising from an allegation in a radio broadcast by a politician that a member of another political party had been a senior member of a paramilitary organisation, determines that, where the utterer of the statement had not been joined and the action had become statute-barred against him, the liability of the statute-barred defendant was a form of contributory negligence which could be pleaded against the plaintiff.
Defamation - radio programme - claim that member of political party had been identified as a senior member of an illegal paramilitary organisation - agreement as to which questions should be put to the jury - utterance made by person who was not joined to proceedings - whether that person was a concurrent wrongdoer - whether provisions of s. 35(1)(i) of the Civil Liability Act 1961 applied to defamation actions.
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