Husband and Wife v Power City Limited

ACL acted for the Plaintiffs in this case who are a married couple who claimed that they were defamed by an employee of Power City Limited. One of the Plaintiffs had attended the store on previous occasion with her daughter and had encountered some difficulty with a particular employee. The couple then attended at a later date and were approached by the same employee who demanded that they be removed from the store by the security guard and uttered words to the effect of ‘If you don’t get these people off the shop floor, I will call the Guards’. This occurred in a busy store and both Plaintiffs were embarrassed and noted that this treatment caused them to feel like criminals.

A full Defence was entered by the Solicitors for Power City and the matter ultimately proceeded to trial. The matter was vigorously defended and ran for three days in the Circuit Court before Judge Lindsey. During the hearing the Defendant’s legal team made two separate non-suit applications without any prior notice to the Plaintiffs legal team to have the case struck out. Both of these applications were successfully defeated by ACL’s legal team after lengthy submissions and legal arguments.

The evidence of the witnesses and parties involved differed substantially and extensive examination and cross examination of the witnesses was required.Ultimately, Judge Lindsey found that the Plaintiffs were defamed and the words that were used implied that the Plaintiffs had done something wrong and therefore they should be compensated. She made an award of €7,500 and €10,000 in favour of the wife and husband respectively and awarded costs against the Defendant.

If you have any further queries, please contact any of the following from our general litigation group:

02 November 2012

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