The lawyer for the Sunday Times said yesterday that it was not contending for special position for the press or seeking to divide up different classes of citizens in any way.
Lord Lester QC, for Times Newspapers Ltd, completed his submissions in the appeal by the newspaper against a judge's decision that qualified privilege did not attach to the words in the article complained of.
Lord Justice Hirst asked if Lord Lester was asking the court to declare open warfare unless there was malice. Counsel said he was asking the court to clarify the uncertainties in this area of the law.
Turning to the case, Lord Lester said that the newspaper was required to prove the truth of factual allegations made by others.
"Because of the hearsay rule, it was impossible to give that evidence unless Mr [Dick] Spring, and other TDs and Mr Fergus Finlay [Mr Spring's campaign manager] had come to this country and the court to give evidence and be cross-examined", Lord Lester said.
The words complained of related to matters in Britain. They concerned the conduct of the Irish prime minister and the collapse of the Irish government. However, those matters were taking place in circumstances where the Irish prime minister was personally identified with the Northern Ireland peace process and the ceasefires were at a critical stage.
Lord Lester referred to the "peculiar binding together" and the specially close links which existed between Britain and the Republic, closer even than England's links with the rest of the European Union. The UK and Ireland made up the common travel area, there was common voting and the Good Friday Agreement provided for cross-Border bodies to be set up.