A former employee at Coolmore Stud is to appeal over being refused injunctions preventing its lawyers writing to booksellers and distributors alleging his book about working there contained defamatory material.
William Jones, Dominic's Court, Cashel, Co Tipperary, author of The Dark Horse Inside Coolmore, denies any defamation.
He worked at the stud from 2006 until January 2015 and self-published his book last November via his company Gold Rush Publications.
He sought various injunctions, pending a full hearing of his case against the stud, restraining its lawyers writing to book distributors and retailers alleging the book contained defamatory material and seeking it not be sold.
Last week, Ms Justice Caroline Costello refused the orders sought on grounds including he had made out no arguable case entitling him to the injunctions.
The matter returned before the court on Friday to deal with costs and other issues.
Joe Jeffers BL, for Coolmore, sought its costs of the injunction application.
Mr Jones said he intended to appeal because he believed the judgment was wrong in a number of respects and asked the judge to adjourn costs decisions until his appeal was decided.
Having considered the arguments, the judge ruled Coolmore was entitled to a costs order but said she would stay that order to allow him bring an appeal. If an appeal was taken, the stay would continue pending its determination, she added.
The case arose after Coolmore’s solicitors Arthur Cox wrote to the Amazon website and various bookshops referring to potential proceedings for defamation, noting the book included allegations of bullying and details of deaths of two horses Mountjeu and Jude. The book was later withdrawn by a number of distributors.
Coolmore had argued, under a December 2014 agreement compromising Mr Jones’ Labour Relations Commission claim over his employment at the stud, both sides agreed not to make any derogatory comments about each other at any time in the future and he had also undertook not to disclose any records relating to animals or clients of the stud.
The judge found Coolmore, through its solicitors, made clear to Mr Jones, before his book was published, it was relying on that agreement and, if the book contained any defamatory material, it would make distributors and sellers aware of their potential liability.
After the book was published, Coolmore alleged it breached the December 2014 agreement, contained material defamatory of Coolmore and other parties and disclosed records relating to clients or animals of Coolmore.
Coolmore’ lawyers then wrote to retailers and distributors alleging the book contained defamatory content causing damage to Coolmore and breaching the legal and intellectual property rights of the stud and other parties.
