Judgment in the matter was reserved and delivered at a point after the holding of the last general election, the publication of the programme for Government and the establishment and report of the legal advisory group. In brief, the High Court has held that a defendant can avail of the reasoning set out by the House of Lords in Reynolds v. Times Newspapers. Mr. Justice Ó Caoimh stated the following: "In considering the various authorities open to this court I am persuaded that the flexible approach represented by the decision of the House of Lords in Reynolds v. Times Newspapers is the most appropriate way of approaching the problems in the instant case in the absence of a clear legislative framework." In effect, the court ruled against Mr. Blom-Cooper's submission that publication of his pamphlet was per se protected by the Constitution and the ECHR but allowed him to amend his pleadings to invoke the privilege accorded by the Reynolds decision. In short, the Irish common law of defamation has moved on since the programme for Government was published and the consultative process was commenced.