The Court of Appeal has dismissed Amazon's attempt to pause defamation proceedings brought by lawyer Paul Tweed over sales in Ireland of a book he alleges defamed him.
Mr Justice McDonald, with Ms Justice Faherty and Ms Justice Pilkington agreeing, upheld a High Court decision refusing to stay Mr Tweed's case against Amazon.com Inc and Amazon UK Services Limited pending separate proceedings against the book's publisher, Georgetown University Press.
The dispute concerns “Subversion: The Strategic Weaponisation of Narratives” by Dr Andreas Kreig, published in Ireland in May 2023. Amazon accepts that a small number of copies were sold through its US and UK websites to customers in Ireland.
Mr Tweed sued Georgetown University Press in July 2023 and began the Amazon proceedings in February 2024. He alleges Amazon continued selling the book despite requests to stop and seeks compensatory, aggravated and punitive damages. Amazon disputes those allegations and has not yet delivered its defence.
Amazon argued that the Georgetown case should proceed first, pointing to the potential defence of innocent publication available to distributors and vendors, the publisher's greater access to material relevant to truth or honest opinion defences, and statutory provisions allowing earlier damages awards to be considered when assessing later damages.
The Court of Appeal said the key issue was narrower. The High Court's refusal of a stay was a case-management decision, and appellate intervention required Amazon to show irremediable prejudice. Mr Justice McDonald found that threshold had not been met.
The practical effect is that Amazon must continue with pre-trial steps, including delivering a defence. However, the court stressed that Amazon may renew its stay application later. It also said serious consideration could be given in the High Court to managing both defamation cases together, including a possible concurrent trial.
Mr Tweed is presumptively entitled to the costs of the appeal, subject to further submissions and a possible stay on enforcement of that costs order until the proceedings conclude.