MONDAY 10/03/2008 12:29:07
Paper wins food review appeal
A daily newspaper today won a landmark appeal which overturned the awarding of £25,000 to a Belfast restaurateur over a critical review.
In a judgment which has far reaching implications for critics the world over, the Northern Ireland Court of Appeal ruled that the jury which decided the restaurant had been defamed had been misdirected by the trial judge.
The Northern Ireland Lord Chief Justice, Sir Brian Kerr, sitting with two appeal court judges, delivered a unanimous reserved judgment.
Sir Brian ordered a retrial, saying that although he thought a properly directed jury would have found in favour of the Irish News in Belfast he could not be certain.
Ciaran Convery, owner of Goodfellas pizza restaurant on Kennedy Way in West Belfast, sued the Irish News for libel over a highly critical review of his premises published in August 2000.
Restaurant critic Caroline Workman criticised the food quality, the staff and the smoky atmosphere of the premises.
The jury, hearing the case more than a year ago, agreed with Mr Convery that her review was defamatory, damaging and hurtful and he was awarded £25,000 damages.
The newspaper appealed, claiming what had been said about the restaurant had been fair comment.
Lord Lester QC, an architect of the UK Human Rights Act, fought the appeal on behalf of the newspaper, saying it would be "perfectly ludicrous" if libel proceedings could be issued every time a critic wrote a bad review.
It will be for restaurateur Mr Convery to decide whether he wishes to pursue the case further.
http://u.tv/newsroom/indepth.asp?id=87963&pt=n