Seanad debates
Wednesday, 5 December 2007
Defamation Bill 2006: Committee Stage (Resumed)
11:00 am
David Norris (Independent)
I support Senators Walsh and Donovan on a point, to be fair, which was raised by the Minister. It appears wrong that if a person gets an award and appeals it, he or she may be seriously penalised despite having won in the first case. The example from the figures given by my two colleagues was very persuasive.
The notion of lodging money into court introduces a slightly indecent element of gambling. The courts are hoping to get it right but they may wrong-foot the plaintiff by so doing. A very astute adviser on one side may indicate a certain award will be received, but if it is dropped slightly the other side may be punished by attacking their matter of cost.
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