Chapter 6 of 7 · Court: cost, time, outcomes · Awards and costs
What courts have awarded, what a case costs, what you risk
Checked 9 October 2026, Defamation Act 2009 as amended.
Not a calculator of your award: nobody can give you one. What courts have actually awarded, the bands the Supreme Court set, the cost of each step as a planning assumption, and the costs rules that decide who pays.
The bands
The Supreme Court set out bands as a rule of thumb for general damages, and upheld a 10% discount where an offer of amends was made. A band is a starting point for a judge, not a tariff.
| Band | General damages |
|---|---|
| Moderate | €0 to €50,000 |
| Medium | €50,001 to €125,000 |
| Serious | €125,001 to €199,000 |
| Very serious | €200,000 to €300,000 |
| Exceptional | Above €300,000 |
Higgins v Irish Aviation Authority [2022] IESC 13. The Circuit Court’s limit is €75,000, and most cases settle within it. An offer of amends earned a 10% discount. Band figures are taken from commentary on the judgment and are to be confirmed against it.
The register, latest entries
Full register →| Case | Court | Decided by | Outcome |
|---|---|---|---|
| Two solicitors v Denis O'Brien2025-11 | High Court (jury) | Jury | €411,750 to each of two plaintiffsAward · under appeal |
| Mother v retailer (toy-theft accusation), dismissed2025 | Circuit Court | Judge | Claim for €75,000 dismissed, with costs against the claimantDismissed |
| Higgins v Irish Aviation Authority [2022] IESC 132022-03 | Supreme Court | Judge | Bands set for general damages; a 10% discount for an offer of amends upheldGuidance on damages |
| Customer v Tesco (settlement)2019 | Circuit Court | Settlement | €9,000 settlementSettlement |
| McNamara v Dunnes Stores2017 | Circuit Court, upheld on appeal | Judge | €20,000Award |
Register checked 2026-10-09. Public-record entries only, each with a dated source on the full register.
What each step costs
| Step | Range (assumption) | Note |
|---|---|---|
| A solicitor's letter | €300 to €1,000 | A letter before action or a cease-and-desist letter. Some firms charge more where the letter needs research. |
| Opening a Circuit Court case | €1,500 to €5,000 | One practitioner's published estimate is about €1,500 plus VAT to open a file; the civil bill, affidavits and early correspondence take it up from there. |
| A contested Circuit Court trial, per side | €10,000 to €30,000 | Counsel, discovery, witnesses and a hearing. The losing side normally pays both. |
| A High Court case, per side | €50,000 to €200,000 | Multiples of the Circuit Court figure. Only where damages are likely to exceed €75,000. |
Hourly rates reported at €250 to €400. Solicitors may not charge a percentage of damages. 'No foal, no fee' and success-rate claims are banned in advertising (LSRA Advertising Regulations 2020). This site never uses the phrase. Defamation is a designated matter excluded from civil legal aid, with a narrow exception for certain EU cross-border disputes.
The costs risk
What happens to costs if…
How many cases there are
289 defamation proceedings were issued in 2024 (61 High Court, 228 Circuit Court). The High Court’s share fell from 88% in 2014 to 21% in 2024.
| 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | 2023 | 2024 |
|---|---|---|---|---|---|---|---|---|---|---|
| 207 | 260 | 206 | 287 | 298 | 308 | 317 | 230 | 386 | 360 | 289 |
The Courts Service Annual Report 2025 was published on 13 July 2026; its defamation table has not been read for this config. First job of the tracker routine.
Every cost figure is a planning assumption, not a tariff; every award is a reported case, not a prediction. A solicitor must give you a written costs notice before acting.