THE COURT of Appeal has overturned a symbolic and controversial libel award concerning the Irish News and a Belfast Italian restaurant.
The appeal judges found that the original trial jury had been misdirected and they called for a retrial. The restaurant had been awarded £25,000 for defamation following a highly critical review published by the newspaper in 2000 following a ruling that was seen to have global implications for publications which included critical reviews.
Ciarnan Convery, owner of Goodfella's pizza restaurant in west Belfast, left the court without comment.
Noel Doran, editor of the Irish News, hailed the decision as a breakthrough for press freedom and the right to publish accurate if trenchant criticism written by a knowledgeable reporter.
The Irish News had claimed the review, written by Caroline Workman, was fair comment and was published justifiably.
The restaurateur had claimed the review, which severely criticised the food, drink, attitude of staff and the smoky atmosphere, was damaging and defamatory.
Lord Chief Justice Sir Brian Kerr told the court he decided there had been a misdirection in the case.
"I would allow the appeal and quash the order made in favour of the respondent," he said.
"Although I consider it likely that a properly directed jury would conclude that a sufficient factual substratum existed for the comment which constituted the preponderance of the article, I cannot be certain that this is so and I would therefore order a retrial." He said the question of malice had not been decided by the jury and remains to be determined. A decision on costs will be delivered after Easter.
Mr Convery has still to state if he will pursue a retrial while Mr Doran said the newspaper would again defend itself should another action be taken.
Speaking outside the Court of Appeal in Belfast Ms Workman said: "Nobody likes a bad review, but if I can't write honestly, good reviews are pointless." Mr Doran told The Irish Times the findings were very significant.
"Our position has been completely vindicated. We regarded the verdict in the lower court as perverse for a number of reasons. It has now effectively been dismissed and the judge has raised the possibility of a re-run.
"We are back to square one and if that is what we have to do then that is what we will do. We have to be entitled to publish reviews. So, it's a very important day for freedom of speech and freedom of the press." The reporter was well regarded within the catering industry in Northern Ireland, he said, and sought only to raise standards of restaurants everywhere.
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.