Bailey faces €400,000 legal bill following costs ruling

Ian Bailey has been ordered to pay the legal costs of five of the seven newspapers he sued for libel last December

Ian Bailey has been ordered to pay the legal costs of five of the seven newspapers he sued for libel last December. He was awarded half his costs against the two who were found to have libelled him on one issue.

But Judge Patrick Moran granted the newspapers only three-fifths of their costs on the basis that there was duplication of some of the solicitor's work.

However, Mr Bailey still faces a bill of up to €400,000.

Judge Moran yesterday granted an application to counsel for the five newspapers to appoint a receiver for the €8,000 Mr Bailey had been awarded in damages against the Irish Sun and the Irish Mirror for saying he had been violent towards his former wife.

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In his judgment last month he found that the newspapers had not brought forward evidence to support this, though he found they, and the other newspapers, had been justified in stating Mr Bailey was a violent man and was a suspect in the
investigation into the murder of Ms Sophie Toscan du Plantier.

In his ruling Judge Moran pointed out that in general "the costs follow the event", leading to the granting of costs to the five successful newspapers. "Mr Duggan's client was successful in two sets  [of claims]. Did he get the prize? No. Did he get the runner-up prize? Yes. Is he entitled to costs? On one view, yes.

"But I have to have regard to the Supreme Court judgment on the behaviour of the plaintiff during the trial. Some of his evidence was intended to mislead, in relation to Ms Farrell, the Shelleys, Mr Johnston and Mr Kelly. The plaintiff is entitled to half his costs in the cases he was successful in."

Turning to Mr Gallagher, he said: "I would have thought you might have been able to pool resources and be represented by fewer solicitors. As to whether I should visit the costs of the various solicitors on the plaintiff, I am allowing the costs of three actions in the cases where the defendants were successful."

After a brief adjournment he clarified his order that the plaintiff be liable for three-fifths of the costs, having regard to the duplication and the overlap between the solicitors' work.