AN appeal opened in the Supreme Court yesterday against an award of £515,000 by a High Court jury last July to a firm of insurance brokers which claimed it had been defamed by the Irish Brokers Association.
Mr Albert Dawson (62), Knocknashee, Goatstown, Dublin, and his brother Mr Dudley Dawson (58), Maywood Drive, Raheny, Dublin, claimed the IBA, defamed their firm, A.E. Dawson and Sons, also of Maywood Drive, Raheny.
Following a 12-day hearing last year in which the brothers conducted their own case, Mr Justice Barron gave judgment in their favour and a jury decided that they should get £515,000.
The judge said the defendants could not claim qualified privilege in relation to the publication of a circular that the plaintiffs' membership of the IBA had been terminated.
The IBA had qualified privilege but in this case had exceeded, if not abused and destroyed, any question of qualified privilege.
The plaintiffs claimed the IBA had not terminated their membership validly or at all.
They had at all times complied with the requirements of membership, the IBA and the Insurance Act.
In its defence, the IBA had admitted that the plaintiffs were members but denied that if they had completed any renewal form or furnished an accountant's report, it accepted them.
The appeal, heard by the Chief Justice, Mr Justice Hamilton, Mr Justice O'Flaherty and Mr Justice Barrington, continues today.