Developments in the application of Defamation law in Ireland

Eric Swift brought a defamation claim against a Lidl store in Dublin in the Circuit Court after he was accused of stealing a bottle of wine by a security guard in May 2023.

Mr Swift picked up a bottle of wine and placed it in his bag. Mr Swift then changed his mind and placed the bottle back on the shelf. Mr Swift then paid for his other items and left the shop. As the applicant was leaving the store he alleges a security guard approached him and loudly asked him to return to the shop. Mr Swift alleged that when he returned to the store, the matter was dealt with in front of a number of customers.

Lidl admitted that the security guard had asked the applicant to return to the shop but stated it was done discreetly.  Mr Swift produced the contents of his bag and his receipt, and the manager apologised for the misunderstanding.

Counsel for the respondent stated in the cross-examination of Mr Swift that there was a misunderstanding and that was due to Mr Swift not having a basket or a trolley.

Can Uygunyoy, the security guard, stated that he simply asked Mr Swift if had forgotten to pay for something.

Judge Shannon stated that he accepted the evidence of both parties but on the balance of probabilities found the respondent’s version of events to be more credible. The Court stated that the actions of the security guard were protected by qualified privilege, and the shop had a right to protect their property.