The High Court has directed that four defamation cases brought by Kevin Tracey against newspaper companies and individuals be heard simultaneously before the same judge and jury. The order was made by Ms Justice Bolger on 1 April 2025, after the cases had become ready to be listed for trial.
The proceedings arise from four newspaper articles reporting on District Court proceedings on 16 September 2004. Tracey issued the four cases in December 2008. The defendants sought a joint hearing, arguing that the claims shared evidence, witnesses, legal issues and alleged loss. Tracey opposed that request and sought four separate trials, saying the articles differed in wording and headlines and that the newspapers had different readerships.
The judge found substantial overlap in the facts, legal issues, witnesses and damages claims. She noted that the articles were based on a report prepared by the same court reporter and that the defendants had pleaded the same defence of privilege in similar terms. Any damages awarded would also have to take account of damages against other defendants, the judgment said.
The court concluded that a simultaneous hearing would save court time and costs, reduce the risk of conflicting decisions and avoid overlap in damages. It was not satisfied that the joint hearing posed an irremediable risk of injustice to Tracey. The judge considered that a jury could address the different readerships and that differences between the articles were not significant enough to require separate trials.
During the hearing of the motion, Tracey confirmed that he was withdrawing his personal injury claims from all four cases. The judge refused his request for liberty to file a new Personal Injuries Summons, saying such a claim would be out of time. The judgment said the cases could therefore proceed before a jury, with the court deciding whether there should be one jury or four.
The order directs the four cases to be heard simultaneously by the same judge and jury. The court did not determine the underlying defamation claims or award damages in this motion. It said it would hear the parties on final orders, including costs, at a call-over listed for 3 April 2025.