Singer Rihanna is to ask the High Court to strike out some or all of the proceedings brought against her by an Irish woman over alleged “malicious falsehoods” in an email and a phone call.
Dana Kavanagh (43), Woodbank Drive, Valley Park, Finglas, Dublin is suing Rihanna under the name “Robyn Fenty aka Rihanna”, with an address at Lafayette Street, New York.
Last July, Ms Justice Miriam O’Regan found there were just grounds to declare service of court documents on Rihanna had been effected in accordance with the rules of the superior courts here. This meant the case could continue.
The judge found Rihanna had discharged the burden of proof in relation to her her claim that the service of the documents at her New York home was not valid as a matter of New York of US federal law.
The case was back before Ms Justice O’Regan on Tuesday to deal with the matter of legal costs concerning that service application.
She found Rihanna was entitled to the bulk of her costs in relation to her application in relation to the validity of service but also awarded Ms Kavanagh her costs in relation to the judge’s finding that service was valid under Irish court rules.
Mental distress
Kelley Smith BL, for Rihanna, said a timetable for the progress of the main case had been agreed with Barney Quirke BL, for Ms Kavanagh.
Ms Smith also said her side would be delivering its defence as part of that exchange and would also be applying for a strike out of some or all of Ms Kavanagh’s claims on the basis they were improperly brought and that there was no basis for them.
In her action, Ms Kavanagh claims she was caused mental distress and emotional suffering as a result of what she says was a false and malicious email sent on July 11th, 2013, about her (Kavanagh’s) husband Geoffrey Keating who was Rihanna’s head of security in 2012 and 2013.
She is also suing over a phone call the singer allegedly made to Ms Kavanagh’s sister-in-law in relation to the same matter. She claims that as a result of the allegations a business she built up with Mr Keating, called Geoff Keating Media, had been destroyed. Rihanna denies the claims.
Questioned legality
Rihanna’s Irish lawyers challenged the legality of the way court papers were served on her because they claimed it was not done in accordance with international, US federal or New York State law.
Ms Kavangh’s side claimed the singer was seeking to obstruct the bringing of proceedings against her in Ireland. Rihanna had not challenged the jurisdiction of Ireland as the place for the hearing of the case and had not sworn an affidavit explaining whether he had received the papers in the case or not, it was also claimed.
In her judgment, Ms Justice O’Regan said the rules of our superior courts gave the High Court discretion to declare service sufficient. This applies whether or not the defendant is an Irish citizen.