Miley & Miley LLPs Litigation Department has successfully defended Boots Retail (Ireland) Limited in a defamation claim brought before the courts, securing a full dismissal of the Plaintiff’s case.
The incident arose when the Plaintiff entered a Boots pharmacy and briefly removed her face mask to answer a phone call. In line with public health guidance at the time, staff politely requested that she replace her mask. The Plaintiff responded in an agitated manner and began shouting at staff, according to witness accounts, allegations she denied during the hearing.
Concerned for the safety and wellbeing of employees and customers, store staff initiated a standard security protocol. An announcement was made over the public address system stating: “You are being recorded by CCTV.” The Plaintiff later claimed this announcement was defamatory in nature and initiated legal proceedings against the retailer.
In a well-contested hearing, the Court found in favour of the defence, holding that Boots’ response to the situation was “fair and reasonable” given the circumstances. The Plaintiff’s defamation claim was ultimately dismissed.
Speaking on the outcome, Ursula Cullen commented: “We are pleased with the Court’s clear and reasoned judgment, which affirms our client’s right to take proportionate and lawful steps to protect staff and customers. The decision reinforces the principle that responsible retail behaviour, particularly during sensitive public health periods, should not be unfairly penalised.”
The case represents an important affirmation of a retailer’s right to enforce store policy and ensure the safety of its premises in a reasonable and lawful manner.
Further press:
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