Maria Kearns was accused of shoplifting after being closely followed by a security guard while she shopped for birthday present for her six year old child. Upon purchasing two items from The Early Learning Centre, the security guard vocalized publicly that she had stolen other items while shopping. She also claims that he spat in her direction, and when she asked to speak with the manager, she was told it was all “a misunderstanding”.
Ms Kearns, feeling vulnerable and depressed from her experience, decided to speak with her solicitor a week later about her possible claim. Now 2 years later, she has been awarded £20,000 in damages for defamation against both Mothercare Ireland and UK, trading as Early Leaning Centre in Dublin’s Henry Street, and a security firm. Presiding Judge Mahon says that the deciding factors in this case were the words actually stated, that the manager refused to be a witness, and that the words were defamatory in a very public and busy street during January sales.
Ms Kearns, feeling vulnerable and depressed from her experience, decided to speak with her solicitor a week later about her possible claim. Now 2 years later, she has been awarded £20,000 in damages for defamation against both Mothercare Ireland and UK, trading as Early Leaning Centre in Dublin’s Henry Street, and a security firm. Presiding Judge Mahon says that the deciding factors in this case were the words actually stated, that the manager refused to be a witness, and that the words were defamatory in a very public and busy street during January sales.
A person’s right to keep a good name is constitutionally protected. The difficulty in these cases arises when a person’s good name is being tarnished by another’s right to freedom of expression, which is also protected.
If you feel you have a defamation claim, these are some factors to consider and discuss with your solicitor:
Know for sure what exactly was said and make a note of it.
If it was in a publication, consider how widely it was distributed, if it was vocalized, who heard the false statements and how was your reputation damaged
Know what was said was in fact, false.
A defamation claim should be brought as soon as possible. The claim will be statute-barred one year from the date the defamatory words first were published and/or spoken. To read more about defamation claims and the statute of limitations, see our previous post .
Olivia York
Brophy Solicitors
If you feel you have a defamation claim, these are some factors to consider and discuss with your solicitor:
Know for sure what exactly was said and make a note of it.
If it was in a publication, consider how widely it was distributed, if it was vocalized, who heard the false statements and how was your reputation damaged
Know what was said was in fact, false.
A defamation claim should be brought as soon as possible. The claim will be statute-barred one year from the date the defamatory words first were published and/or spoken. To read more about defamation claims and the statute of limitations, see our previous post .
Olivia York
Brophy Solicitors
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