C12

Prospective affecting provision: section inserted by Defamation (Amendment) Act 2026 (2/2026), s. 19, not commenced as of date of revision.

F37[34H.— (1) Where—

(a) the court makes a declaration under section 34F or 34G that the defamation proceedings concerned or part thereof amount to abusive court proceedings against public participation (in this section referred to as the "declaration"), and

(b) the defendant in those proceedings (in this section referred to as the "defendant") makes an application to the court, whether before or after the making of the declaration, on notice to the plaintiff in those proceedings (in this section referred to as the "plaintiff"), for an order for the payment of damages by the plaintiff to the defendant under this section,

the court may, in addition to the making of the declaration and in its absolute discretion, order the plaintiff to pay damages to the defendant as a result of injury, loss or damage suffered by the defendant consequent upon the bringing of the proceedings or part thereof the subject of the declaration.

(2) In deciding whether to make an order under subsection (1), and, where applicable, in determining the amount of any damages to be paid, the court shall have regard to all of the circumstances of the case and the interests of justice, and may take into account the following matters as it considers appropriate:

(a) the nature of the public participation concerned;

(b) the purpose or purposes for which the defamation proceedings or part thereof the subject of the declaration (in this subsection referred to as the "proceedings") were brought relating to the defendant’s engagement in public participation;

(c) the conduct of the proceedings;

(d) any other factors leading to the making of the declaration;

(e) whether the declaration has been made under section 34F or 34G;

(f) whether the declaration relates to all or part of the proceedings;

(g) the injury, loss or damage suffered by the defendant as a result of the bringing of the proceedings (including, where appropriate, the threat of such proceedings) and any mitigating factors.

(3) Where an application for an order for the payment of damages is made under subsection (1)(b)—

(a) the plaintiff and the defendant may make submissions to the court and adduce evidence, and

(b) the court may direct that evidence be given,in relation to the application.

(4) Where the court makes an order for the payment of damages to a defendant under this section, the court may, if it considers it appropriate to do so, apply the provisions of section 34F(2) or 34G(2), as the case may be, to costs incurred as a result of an application made by the defendant under subsection (1)(b).

(5) The damages recoverable under this section in the Circuit Court shall not exceed the amount standing prescribed, for the time being by law, as the higher of any limit of that Court’s jurisdiction in tort.

(6) The Personal Injuries Assessment Board Act 2003 shall not apply in relation to an application under subsection (1)(b).

(7) This section shall not affect the operation of sections 31 and 32.]