Retrial of Dawson case against IBA

The Supreme Court has directed a retrial of an action for damages for defamation taken by two Dublin brothers against the Irish Brokers' Association.

The case, in which Mr Albert Dawson (63) Knocknashee, Goatstown, Dublin, and Mr Dudley Dawson (59), Maywood Drive, Raheny, Dublin, are suing the IBA, now returns to the High Court.

The brothers, trading as A. E. Dawson and Sons, insurance brokers, Maywood Drive, Raheny, Dublin, had claimed they were defamed in a circular letter sent by the IBA to its 600 members in 1992 which stated their firm was no longer a member of the association.

In July 1995 the Dawsons won £515,000 in damages following an action heard by a judge and jury in the High Court.

In February 1997 the Supreme Court decided the award was excessive and ordered a retrial in the High Court on the question of damages only.

When the case came up for hearing in the High Court earlier this year, the trial judge, Mr Justice Budd, made a number of rulings in regard to the Dawsons' pleadings.

On that occasion, the brothers, after opening their case to the jury, had indicated to the court that they did not wish to continue with the case in the light of the judge's rulings. Mr Justice Budd then dismissed their action.

Last month the brothers, who represented themselves, appealed that decision to the Supreme Court. In a unanimous decision yesterday, that court remitted the matter for retrial.