O'Brien settles legal action against Sunday newspaper

Legal proceedings brought against the Sunday Business Post by multimillionaire business- man Mr Denis O'Brien arising from an article about his tax affairs have been settled, the Supreme Court has heard.

It is believed that the terms of the settlement will involve publication of an apology to Mr O'Brien in next Sunday's edition of the newspaper.

The settlement also follows the decision of the High Court to allow Mr O'Brien expand his legal proceedings against the newspaper so as to include a claim for aggravated damages.

Last December, Mr James O'Callaghan, for Mr O'Brien, secured leave to amend his client's statement of claim to include an allegation that an article published in the Sunday Business Post on May 25th, 2003, was intentionally published in the knowledge that matters referred to in the article were confidential to Mr O'Brien.

Mr O'Brien's main proceedings against the newspaper arose from his attempt to prevent it publishing a further article about his tax affairs last September. He secured an in- junction restraining publication which injunction was later discharged.

However, the article in question has not since been published.

In opposing publication, Mr O'Brien argued that details of a citizen's tax affairs are confidential.

The settlement of the entire proceedings was related to the Supreme Court this week when the court was due to deal with an appeal by Mr O'Brien against the discharging by Mr Justice Abbott in the High Court of the injunction restraining publication of the proposed newspaper article of September last.

The newspaper had also cross-appealed against aspects of Mr Justice Abbott's decision which related to the confidentiality of tax affairs. The newspaper had further appealed against a High Court ruling, by Mr Justice Kelly, last December refusing it discovery of certain documents.

It had looked for all documents relating to any investigation, inquiry, assessment or appeal concerning Mr O'Brien's tax residency from May 1st, 2002 to date. It had also sought press releases, extracts or other records or documents relating to public coverage of Mr O'Brien's tax residency for tax purposes and related matters for the period from May 1st, 2002 to date.

Mr Justice Kelly had ruled the documents related to any investigations into Mr O'Brien's tax affairs were not necessary to determine the issues in the case and to fairly dispose of it.

When the appeals came before the Supreme Court, it was told the appeal would not be going ahead as the entire proceedings had been settled. The Supreme Court struck out the proceedings with no order.

Mr O'Brien was represented by Mr Michael Cush SC while Mr Paul Burns SC appeared for the newspaper.