Court of Appeal allows appeal of decision regarding mode of trial of consolidated judicial review and defamation proceedings arising from a HSE investigation into a schoolteacher acquitted of sexual abuse criminal charges, finding that the High Court had no jurisdiction to dilute the plaintiff’s right to jury trial in respect of the defamation action and that he was entitled to a jury trial as a right.
Defamation law – judicial review – Defamation Act 2009 – plaintiff be deprived of his right to jury trial in respect of the defamation action by reason of a case management direction made – plaintiff acquitted of all charges of sexual abuse while working as schoolteacher following three separate criminal trials – plaintiff then sought to be reinstated to his teaching post – judicial review proceedings consolidated with defamation case that senior social worker in charge of the investigation said or implied that the plaintiff was a threat to children attending the school – whether the High Court was entitled to make a case management direction which had the effect of depriving the plaintiff of his right to jury trial in respect of the defamation proceedings – right to jury trial in civil matters – Supreme Court of Judicature (Ireland) Act 1877 – s. 94 of the Courts of Justice Act 1924 – s. 20 of the Courts of Justice 1928 – Delany, The Courts Acts 1924-1997(Dublin, 2000) – mode of trail – High Court has no jurisdiction to dilute the plaintiff’s right to jury trial in respect of this defamation action – plaintiff is entitled to a jury trial in respect of the defamation proceedings – appeal allowed.