IN&M to indemnify 'Tribune' receiver
Published 05/04/2011 | 05:00
Independent News and Media is to indemnify the receiver of the 'Sunday Tribune' against any costs order made against him in his proceedings against the 'Irish Mail On Sunday' (IMOS).
The receiver's action is over publication by the IMOS of an alleged fake copy of the newspaper shortly after it went into receivership.
Yesterday at the Commercial Court, Mr Justice Peter Kelly was informed that IN&M would provide an indemnity as security for all the costs involved in the action.
The case was before the judge for the fixing of the security of costs of the action.
The 'Sunday Tribune' receiver, Jim Luby, has sued Associated Newspapers, publishers of the IMOS, seeking damages for the alleged "passing off" of the 'Sunday Tribune' title on February 6 last.
He alleges the IMOS published 26,000 issues of an edition of the IMOS with a "wraparound" cover carrying a Tribune-style logo on that date constituting "passing off", injurious falsehood and interference with the economic interests of the Tribune. Some 10,000 copies were sold.
IMOS denies the claims.
When the matter was mentioned before the court, the judge was also informed that both sides were agreeable for the matter to be adjourned to October.
However, the judge queried the length of the adjournment. He said that the court had dealt with far more complicated actions in a much shorter time. The dispute between the parties in this case, he said, was fairly straightforward.
While he was prepared to grant the lengthy adjournment in this action, the judge added that this was not to be seen as setting a precedent.