logo
BBC granted time to consider appeal in Gerry Adams case before paying all costs

BBC granted time to consider appeal in Gerry Adams case before paying all costs

Mr Adams took the BBC to court over a 2016 episode of its Spotlight programme, and an accompanying online story, which he said defamed him by alleging he sanctioned the killing of former Sinn Fein official Denis Donaldson, for which he denies any involvement.
On Friday, a jury at the High Court in Dublin found in his favour and awarded him 100,000 euros (£84,000) after determining that was the meaning of words included in the programme and article.
The BBC will also have to pay Mr Adams's legal costs.
However, the broadcaster was granted a stay on paying out the full costs and damages to allow it time to consider whether to lodge an appeal.
The stay was subject to paying half the damages (50,000 euros or £42,000) and 250,000 euros (£210,000) towards solicitors' fees.
Eoin McCullough SC, for the broadcaster, told trial judge Mr Justice Alexander Owens on Tuesday that he was applying for a stay pending a decision on whether to take an appeal.
He said his client had not determined if it would appeal, but added that he was seeking a stay until the end of the appeal period.
In making its decision, the jury also found the BBC's actions were not in good faith and the corporation had not acted in a fair and reasonable way.
When asked by the judge for what grounds an appeal could be taken, Mr McCullough said the court had rejected applications by the defence on matters put to the jury relating to Section 26 of the Defamation Act.
In particular, he questioned the decision to reject an application to withdraw the question of 'good faith' to the jury – and the order in which that question was asked of the members.
The jury was asked the good faith question before making a decision on whether the publication was fair and reasonable.
Mr McCullough said it was inevitable that the jury would find against him on the matter of fair and reasonable action once it had already found against him on good faith.
Mr Justice Alexander Owens agreed with counsel that there may be grounds for an appeal on the fact that the jury was first asked to consider whether the actions were in good faith before considering whether the actions were fair and reasonable.
Tom Hogan SC, for Mr Adams, said that if the court was going to grant a stay, it should be on the basis of something being paid towards the award.
Mr Justice Alexander Owens granted the stay subject to the conditions that 50,000 euros be paid towards damages and 250,000 euros towards the solicitors' fees.
However, this can also be appealed against.
Mr McCullough had raised other potential grounds for appeal, including the court's decision not to allow Mr Donaldson's daughter to give another 'version' of matters given in evidence by the family's former solicitor Ciaran Shiels.
He also said an appeal may be grounded on the exclusion of the evidence of Austin Stack and historian Eunan O'Halpin.
He said an appeal could further be grounded on the defendants being excluded from taking on the issue of whether Mr Adams was in the IRA, arguing that this could be put forward as significant acts of misconduct which would speak towards reputation.
Mr Adams denies being a member of the IRA.
Mr McCullough also raised comments by the judge which referred to newspaper reports about Mr Adams that were called upon during cross-examination as 'rot' and 'blather'.
He said that based on all of these issues, the jury determination of a 100,000 euro quantum for damages was itself unsustainable, further stating that the circulation of the programme and article was 'very small' and combined with a 'very damaged reputation'.
Mr Hogan said he could not say that there were not some points that were arguable, but added he did not want to 'fight the appeal now'.
He said there was a 'very significant inequality of arms in this case' and questioned whether the application was strategic.
He said an appeal had to be brought on a bona fide basis.
Mr McCullough said it was 'surprising' if not a 'little frustrating' to hear a suggestion that he was acting short of good faith.
He said all he had said was that his client had not made up its mind and that any appeal should be allowed to proceed in the usual way.
He had argued that it may be difficult and complicated to get the amounts paid out back should he prevail on appeal.
Mr Justice Alexander Owens said he was 'not really persuaded' on the grounds of the appeal, other than the order of the questions on 'good faith' and 'fair and reasonable'.
He made the order of the payment of partial damages and costs.
It is open to the BBC to seek a further stay against that payment at the Court of Appeal.
Last week, the director of BBC Northern Ireland Adam Smyth said the broadcaster has insurance and 'makes financial provision for ongoing and anticipated legal claims'.
Separately, the counsel discussed whether the article – which remains online – could be geoblocked in the Republic of Ireland.
On the issue of seeking an injunction, Mr Hogan said he had been discussing the matter with Mr McCullough and that it may be technologically possible.
He added that there had been a lot of talk over the weekend over BBC services being blocked in the Republic of Ireland.
Mr Justice Alexander Owens replied: 'I heard that, I don't imagine that will happen.'
The judge questioned what jurisdiction he had to make an order on the BBC, which is abroad.
He added that it had been put to the jurors that he would not be able to make such an order and that their award of damages was the remedy on the matter.
Mr Hogan agreed that it was not a matter to be decided on Tuesday.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

I tried a World War II cake recipe from Marguerite Patten
I tried a World War II cake recipe from Marguerite Patten

Glasgow Times

time3 hours ago

  • Glasgow Times

I tried a World War II cake recipe from Marguerite Patten

These often turn out wonderfully, and it got me thinking what it would be like to try a wartime recipe using the same ingredients that people would have been restricted to during rationing. Rationing was a system implemented to make sure everyone got their fair share of food during national shortages in wartime. This was exacerbated by enemy ships and submarines attacking imports of food, which caused a greater reliance on items produced in the UK. Marguerite Patten was one of the earliest celebrity chefs, presenting a popular BBC radio programme during World War Two, in which she shared recipes for cooking with wartime rations. Here she is demonstrating how to make an Easter cake back in 1950.#ThrowbackThursday — BBC Current Affairs (@BBC_CurrAff) April 9, 2020 Several foodstuffs, such as sugar, meat, fats, bacon, eggs and cheese, were rationed, which caused a great impact. After doing a bit of research for wartime cake recipes, I was recommended by my mum to check out recipes from Marguerite Patten. She was one of the earliest examples of a celebrity chef and became famous during World War II, where she shared recipes on BBC radio that could work within the limits of rationing. It sounded like the perfect thing to explore, and I found her recipe for a Vinegar Cake, which was a fruit cake that used vinegar instead of eggs. This can be seen in her book Feeding the Nation, and is notable for using vinegar instead of eggs as a main component. How to make a World War II-era light fruit cake Making the cake will not require too many ingredients (Image: Newsquest) In terms of ingredients for the fruit cake recipe you will need 6oz of self-raising flour 3oz of margarine 3oz of sugar 1/4 pint of milk 1 tablespoon of vinegar 1/2 teaspoon of bicarbonate of soda 3-4oz of mixed dried fruit Meanwhile, for equipment, you will need: a decent-sized mixing bowl large basin scales sieve measuring jug a teaspoon a tablespoon larger spoon (for mixing) 7-inch baking tin Baking cakes is not something I do very often, so I made it with my Mum overseeing things to make sure I didn't mess up anywhere. The first step involves creaming the margarine and sugar together (Image: Newsquest) Firstly, we creamed the margarine and sugar together and made sure it was well-combined. After that, the recipe recommends pouring the milk, vinegar and bicarbonate of soda into a "large basin". It was quite a vague term, so we combined the elements into a large measuring jug as it would supposedly froth up quite a bit. The recipe involves 3-4 ounces of mixed fruit (Image: Newsquest) However, this didn't happen in practice, so any worries of creating a mess were quickly alleviated, at least. We then poured that mixture into the mixing bowl with the creamed margarine and sugar, before sifting the flour into it. After mixing that, we then added the dried fruit, which was a combination of raisins, peel and cherries. All the ingredients will eventually be mixed together into the bowl (Image: Newsquest) Finally, after briefly mixing together, we then poured it into a seven-inch baking tin. The recipe recommends flouring and greasing the tin, but if you have a cake case to hand, you can line the tin with that. All there is to do after that is to pop it in a "moderate oven" (approximately 170-180C) and bake it for an hour. The verdict Once the hour was up, I took the cake out of the oven and was pleased to see that, at least aesthetically, it had turned out quite well. The cake certainly looked the part coming out of the oven (Image: Newsquest) It had a nice golden-brown colour with bits of dried fruit popping through the outer layer. All that was left to do was to try it, and I was pleasantly surprised with the results. I'd seen from other people trying the recipe that it had turned out really crumbly, but in this case it held its shape perfectly. The cake had a light and fluffy texture (Image: Newsquest) Having it warm was certainly a bonus, and it had a delightfully fluffy and light texture. Recommended reading: It also wasn't overly sweet and balanced all the flavours remarkably well. Due to how relatively few ingredients this requires and how it doesn't take too long to make, I would highly recommend giving this a try. While rationing is, of course, something nobody ever wants to go back to or experience in the first place, it is somewhat comforting to know that with a bit of adjustment, people were still able to enjoy some treats like this.

Crowds line streets of Belfast as city celebrates Pride parade
Crowds line streets of Belfast as city celebrates Pride parade

Belfast Telegraph

time4 hours ago

  • Belfast Telegraph

Crowds line streets of Belfast as city celebrates Pride parade

Latest | The centre of Belfast was turned into a sea of colour today as thousands celebrated the annual Pride parade. Crowds lined the city's footpaths to cheer on those taking part in the march. Organisers of Belfast Pride said it is the biggest cross-community parade in Belfast and is a protest and celebration of the lives of LGBT+ people. First staged in 1991, it now draws tens of thousands to the streets. This year's theme is "Not Going Back", which organisers say refers to LGBTQIA+ rights being 'under attack, here and across the world". Throughout the city, many people had rainbows painted on their faces, while others waved LGBT+ flags and held placards with equality messages written on them. Groups and floats, representing up to 250 charities and organisations, took off from Custom House Square at 1pm. The parade made its way north of the city before moving down Donegall Place and past City Hall and finishing at Victoria Street. Friends, work colleagues and many young families, including pet dogs, were among those in the crowd. However, there was controversy in the build-up with some politicians asked to stay away. Sinn Fein, the DUP, Alliance and UUP – the four Executive parties – were told by Pride organisers they were not welcome at the parade because they supported a ban on puberty blockers for under-18s. First Minister Michelle O'Neill said she hoped the parade was a success. In a message on social media, she said: 'Happy Belfast Pride to everyone celebrating today, I hope it's filled with joy and love for you all. 'Your courage over many years has helped transform our society for the better. 'As your First Minister, I'm committed to building a future where everyone in our LGBTQIA+ community is seen, valued, and treated equally. 'Be proud. Be you. today and every day. Have a wonderful day.'

Hundreds of protesters gather at asylum hotel in Norwich area
Hundreds of protesters gather at asylum hotel in Norwich area

BBC News

time4 hours ago

  • BBC News

Hundreds of protesters gather at asylum hotel in Norwich area

Hundreds of people have gathered for a protest outside a hotel housing asylum arrived at the hotel in the Norwich area with St George's flags, placards and banners, some reading "Stop the invasion".A BBC journalist at the scene said at least 200 people were were present as protesters, some standing in the road, listened and cheered a number of speeches delivered from the back of a parked lorry. On Monday, about 150 protesters gathered outside a hotel in Diss, Norfolk, housing asylum-seeking families in protest again Home Office plans to house single adult males there men were arrested on Saturday morning on suspicion of affray in relation to a protest at the Diss hotel and an earlier one at the hotel in the Norwich groups have also clashed outside The Bell Hotel in Epping, Essex, during several demonstrations since 13 people have been charged with offences in relation to disorder there. Follow Norfolk news on BBC Sounds, Facebook, Instagram and X.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store