LEGAL MATTERS CORNER

Miriam Mc Gillicuddy Answers Your Legal Queries

Mr Owen owns a GAA sports memorabilia shop, and one of his bestsellers was a signed poster of the talented football striker nicknamed ‘The Don’, the Dons wife visited the shop and told customers that the signed posters were fake, the statement was picked up by the media and published in the newspaper and on the radio, Mr Owen believes this has damaged his business and reputation and wonders what he can do about it.

Mr Owen can Sue the Dons wife for defamation if he can prove 4 elements: The statement was published, it was a lie, it was damaging to his reputation and it was about him. From the face of it his claim satisfies the first element as it was published on the radio and newspaper.

If The Don has signed the posters personally the statement made by wife is a lie. The statement undoubtedly would damage his reputation as it would initiate, he has been deceiving customers and it was a statement about him.

In the famous case of McManus V Beckham, Victoria Beckham was in a sports memorabilia store and told customers that the autographed posters of her husband were fake, the case was settled with Mrs Beckham paying damages of £55,000, legal fees of £100,000 and the donation of various items of David’s to the shop.

If Mr Owen has a successful defamation claim, he can also apply to the courts to have a corrective order where the court will order the defendant to publish a correction of the defamatory statement

LAW QUIP – A WISE MAN ONCE SAID NOTHING AT ALL.

Emma Prendiville- Intern- Office Miriam McGillycuddy any item addressed in this column please send in your query to miriam. mcgillycuddy@gmail.com | Miriam McGillycuddy, Solicitor, Derryana, Ballyard, Tralee, County Kerry. LL:066-7181596/Mob: 0872604753

See www.miriammcgillycuddy.com

April 2023

King

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Fishamble

Easter Drumming Playshop

Easter fun for children as they explore different drums and become part of a big drumming band in Drum Dance Ireland’s popular Playshop

Tickets €23/20

SAT 1ST APR AT 8.00PM TUE 11TH APR AT 10.30AM

Peter Rabbit

Enjoy a fun family afternoon with our Easter film screening of Peter Rabbit ‘Born to be Wild’ animated comedy.

Tickets €9/7.50

Tickets €10

John B Keane’s The Matchmaker

Michael Scott’s production of this hilarious dramatic comedy stars

Jon Kenny and ‘Shirley

Valentine’s’ recent star Norma Sheahan

Tickets €25/23 THUR 13TH APR 2.30PM

THUR 20TH APR 8PM