From The Times
March 11, 2008
Newspaper that slated ‘joyless’ restaurant wins appeal over libel
David Sharrock Ireland Correspondent
Restaurant critics, and newspaper proprietors, were celebrating yesterday after a judge upheld their rights to publish unflattering reviews of bad food and lousy service.
Sir Brian Kerr, the Northern Ireland Lord Chief Justice, overturned the award of £25,000 to Goodfellas pizza restaurant in West Belfast against The Irish News.
Ciarnan Convery, the pizzeria owner, sued the newspaper for libel over a highly critical review of his restaurant in August 2000.
Sir Brian’s appeal court decision had been keenly awaited, with implications around the world for publishers of restaurant reviews. Sitting with two appeal court judges, he ruled that the jury that decided that the restaurant had been defamed had been misdirected by the trial judge. He ordered a retrial, adding that while he thought a properly directed jury would have found in favour of The Irish News he could not be certain. It will now be up to Mr Convery to decide whether he wishes to pursue the case farther.
The newspaper’s restaurant critic, Caroline Workman, criticised the quality of the food, the staff and the joyless, smoky atmosphere of Mr Convery’s premises. The jury, hearing the case more than a year ago, agreed with Mr Convery that her review was defamatory, damaging and hurtful and he was awarded £25,000 in damages. The newspaper appealed, claiming that Workman’s report had been fair comment.
Lord Lester, QC, an architect of the Human Rights Act, fought the appeal on behalf of the newspaper, saying that it would be “perfectly ludicrous” if libel proceedings could be issued every time a critic wrote a bad review.
Overturning the jury’s decision after a two-day hearing in January, the Lord Chief Justice said: “I have decided that there was misdirection in the present case. I would allow the appeal and quash the order made in favour of the respondent.”
He added: “Although I consider it likely that a properly directed jury would conclude that sufficient factual substratum existed for the comment which constituted the preponderance of the article, I cannot be certain that this is so and I would therefore order a retrial.
“In any event, the question of malice has not been decided by the jury and this therefore remains an issue that requires to be determined, if it is concluded that the defence of fair comment is otherwise available.” The judges said that they would rule on the issue of costs after Easter.
Mr Convery declined to comment. Noel Doran, the Editor of The Irish News, said: “We are delighted. It is a great victory for The Irish News. We came here to prove a point of principle and we have been vindicated.” He said that the original verdict was perverse and added that if Mr Convery wanted to take the case back to court, he would fight it. “We will go as far as we have to to get the matter fully resolved,” he said.
He said that the judgment sent out a strong message that newspapers were entitled to publish fair and accurate reviews. The case covered not only restaurant reviews but the work of film, theatre and music critics, he added.
Workman, who is based in Cork, said: “I am very relieved. I think it is a good day for the restaurant trade of Northern Ireland.”
Irish News review of Goodfellas
After one ring of squid . . . it became clear the dishes were made with the cheapest ingredients on the market”
“Our main courses arrived in as much time as it took the chef in view to rip open three blue industrial-size bags of processed cheese”
“The staff have no more time to be involved with their customers than those in a motorway cafe”
