Gary Gannon (Dublin Central, Social Democrats)

I move amendment No. 5:

In page 15, between lines 4 and 5, to insert the following: “34FA. Where an application for declaration has been made before or during a trial of action and costs, a judge must not strike out a claim and appeal under section 34E if the claimant satisfies the judge that—

(a) the claim is likely to prevail at trial, and

(b) the harm suffered or likely to be suffered by the claimant as a result of the defendant’s expression is sufficiently serious that the public interest in permitting the proceeding to continue outweighs the public interest in dismissing the case before trial.”.

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