A new trial to assess the level of damages for defamation to be paid by the Irish Brokers Association to two brothers who are trading as a firm of insurance brokers will proceed on February 3rd next.
Mr Justice Kelly said yesterday he was specially fixing February 3rd as the date for the action involving Mr Albert Dawson (62) Knockashee, Goatstown, Dublin, and his brother Dudley Dawson (58), of Maywood Drive, Raheny, Dublin, trading as A.E. Dawson and Sons, Maywood Drive, Raheny, against the Irish Brokers Association.
The Dawson brothers were awarded £515,515 for defamation in a High Court action in July last year against the Irish Brokers Association. The award was appealed to the Supreme Court which said there should be a retrial to consider the issue of damages only.
The action arose out of a defamation claim by the brothers against the IBA concerning the issuing of a circular by it to members stating that the firm was no longer a member.
After a 12-day hearing in the High Court, Mr Justice Barron ruled that the case was clearly one of defamation. The IBA, in its defence, submitted that if the contents of the circular were untrue or unjustified, the occasion of publication was one of qualified privilege. The judge ruled against this.
