Brian Lenihan Jnr (Dublin West, Fianna Fail)

Section 29 provides that where a defamation action is brought in the High Court, the judge shall give directions to the jury in the matter of damages. That updates the existing provisions on an award of damages. The parties to a defamation action may now make submissions to the court in the matter of damages. Subsection (4) sets out a number of factors to which the court — and it is made clear in subsection (8) that this means the jury if the High Court is sitting with a jury — shall have regard in making an award of general damages. Of course it is a matter for the jury and that is set out in section 29(8). However, the judge is entitled to give directions as to the legal obligations of the jury. That is all the subsection provides. The jury, as so advised and directed, arrives at its own decision. The expression "directing a jury" is a common phrase used in legal practice concerning the advice which a judge gives a jury.