Recently the High Court granted a pre trial injunction directing that the website rate your solicitor.com be taken down pending trial in the case of Tansey v. Gill. At hearing Judge Peart granted mandatory injunctions effectively terminating the operation of the website .
Defamation and the Internet Update
Recently the High Court granted a pre trial injunction directing that the website rate your solicitor.com be taken down pending trial in the case of Tansey v. Gill. At hearing Judge Peart granted mandatory injunctions effectively terminating the operation of the website .
It is clear from this judgment that although the Courts are traditionally hesitant to grant pre trial injunctions, they are becoming more common place. Judge Peart stated that “life has changed… since the arrival of the internet”.
He further commented that the internet has facilitated an “easy, inexpensive and instant” means of allowing “unscrupulous persons or ill-motivated malcontents” to vent their anger and grievances against people where their allegations are patently untrue, unreasonable and unjustified”.
He said, “so serious is the mischief” on the internet that he believed the Oireachtas “should be asked to consider the creation of an appropriate offence under criminal law, with a penalty upon conviction, to act as a real deterrent to the perpetrator”.
He drew a distinction between the traditional defamation cases where the publishers were identifiable easily and anonymous defamation on the internet.
Similar cases are extremely commonplace in the US and the Courts here are increasing having to use their powers in relation to granting injunctions to control websites such as online market operators, auction sites and music download websites in relation to copyright and trademark infringement.
© Cosgrove Gaynard Solicitors. All rights reserved.
Are you buying or selling property in Ireland? Whether you're a first-time buyer, a seasoned investor, or navigating a complex property dispute, Cosgrove Gaynard Solicitors offers the trusted legal guidance you need. As a top-rated property solicitor in Ireland, we provide comprehensive and client-focused property law services tailored to your needs.
Text LinkLooking for a reliable solicitor in Dublin? Whether you're facing a legal dispute, buying a property, or need professional advice, having an experienced Dublin-based solicitor on your side is essential. At Cosgrove Gaynard Solicitors, we offer comprehensive legal services tailored to individuals, families, and businesses across Ireland’s capital.
Text LinkPurchasing property in Ireland remains a significant milestone, whether you're a first-time buyer, upgrading your home, or investing in real estate. As we progress through 2025, understanding the current landscape is crucial to navigating the process effectively.
Text LinkWhen entering into a commercial lease in Ireland, understanding the key clauses of the agreement is crucial for both landlords and tenants. These clauses define the rights, obligations, and liabilities of each party, and can have long-term implications for your business. This guide outlines the most important clauses found in Irish commercial leases, helping you to make informed decisions and avoid costly disputes.
Text LinkSuffering a road traffic accident abroad can be a traumatic experience—made even more stressful by the legal complexities that follow. For Irish residents who have been injured in a road accident while on holiday outside Ireland, it is possible to bring a claim in Ireland without having to travel abroad or use lawyers abroad, in certain circumstances. The key issue is jurisdiction, which refers to whether Irish courts have the legal authority to hear your case. Under EU regulations and international private law, if the at-fault driver or their insurer has a presence in Ireland or is domiciled in an EU member state, you may be able to bring your claim in the Irish courts.
Text LinkBuying or selling property in Ireland? Discover why hiring a property solicitor is essential for a smooth, legal, and stress-free transaction. Get expert tips today.
Text Link39 Waterloo Road,
Dublin 4
DX 109060 Fitzwilliam
Phone: 01 234 0044
Fax: 01 234 0047