Defamation Proceedings Initiated Against Irish Media Outlets

7th August 2024

Phoenix Law Represents Mick Finnegan in Defamation Case

Phoenix Law is proud to represent our client, Mick Finnegan, in defamation proceedings against media outlets Extra.ie and The Irish Times. This legal action stems from a deeply troubling incident when our client was the victim of an unprovoked attack in a popular Dublin bar. The attacker received a conditional discharge and ordered to pay compensation to our client. Our client thought this the matter at an end. The reporting that evening then added to the harm of this incident.

Two weeks ago, Extra.ie and The Irish Times published articles under the headline: “Garda who attacked man taking pictures of him in Dublin bar spared jail sentence.” The only photo used in these articles was of our client, Mick Finnegan, implying that he was the Garda involved in the assault. In reality, Mr. Finnegan was the victim of the attack, not the perpetrator. This inference has not only damaged his professional life but also his personal life.

This erroneous manner of which our client’s photograph was published has led to severe consequences for Mr. Finnegan, both personally and professionally. Firstly, the use of his image in connection with the headline has led people to mistakenly believe that he is a violent person. This false portrayal has severely damaged his personal reputation, leading to unwarranted suspicion and social ostracism.

Secondly, the implication that Mr. Finnegan is an undercover Garda has compromised his safety and privacy. Being falsely identified as an undercover officer can lead to significant risks, including potential targeting by criminal elements who may seek retaliation against law enforcement personnel. Our client has already received several threatening messages about being an undercover Garda.

Our client is a prominent and proud mental health advocate. Both of these outlets have published articles about the work he does for his community and mental health across Ireland. They have also written about his high-profile protest and campaign into institutional abuse against St. Johns Ambulance. He is someone who is held in the highest regard within his and the mental health community, compounding on the damage done. It is our client’s position the outlets ought to have been more mindful of their publication of this article and photograph.

Phoenix Law sent pre-action correspondence to both Irish Times & Extra.ie. We have had a response from the Irish Times stating they are currently considering same and the photograph has since been removed from the article. At the time of writing, Extra.ie’s article and photograph remain online.

Our Diarmuid Brecknell acts in this defamation matter.

Solicitor

Diarmuid Brecknell
Solicitor

Diarmuid Brecknell

Diarmuid Brecknell is a Solicitor in the Public Law, Inquests and Inquiries Department at Phoenix Law, Belfast, a leading human rights and litigation firm specialising in complex actions against public authorities. He completed his LLB at Ulster University and graduated from the Institute of Professional Legal Studies at Queen’s University Belfast in 2025.

Diarmuid specialises in public law, inquests, public inquiries, legacy litigation and high-value civil claims. He acts for individuals, families and large groups of victims in cases involving state accountability, collusion, institutional abuse and serious human rights breaches, across Northern Ireland, the Republic of Ireland and Great Britain.

Legacy Civil Actions

Diarmuid acts in a large number of Troubles-related civil actions against the Police Service of Northern Ireland (PSNI) and the Ministry of Defence (MOD), including the cohort of Glenanne Gang cases currently before the High Court in Belfast. His work includes:

  • Reavey v Chief Constable of the PSNI and the Ministry of Defence - acting for Eugene Reavey, whose brothers John Martin, Brian and Anthony Reavey were murdered by the Glenanne Gang on 4 January 1976. In June 2026 the PSNI and MOD paid a combined £400,000 in damages, and the Chief Constable issued an apology in open court.
  • The Farmer Family Civil Action - acting for the family of GAA supporter Sean Farmer, murdered by the Glenanne Gang. In October 2026 the PSNI agreed to pay damages and issue an apology to the family. The family’s claim against the MOD continues.
  • Misfeasance and collusion claims - claims involving misfeasance in public office, negligence, collusion and systemic investigative failures, including extensive work on disclosure, expert evidence and trial preparation.

Public Law and Human Rights Litigation

Diarmuid has been involved in significant public law litigation, with a particular focus on Article 2 ECHR-compliant investigations and state accountability. His experience includes:

  • Re McGuigan and McKenna [2021] UKSC 33 - the “Hooded Men” case, a landmark Supreme Court case concerning the use of torture and the State’s obligation to conduct effective investigations into serious human rights violations.
  • Re Barnard [2022] NICA - the “Glenanne Series” case, a pivotal Court of Appeal decision which led to the establishment of Operation Denton, an independent investigation into over 120 murders linked to alleged collusion between loyalist paramilitaries and state agents.
  • Re Mac Cionnaith’s Application and Re Hynes’ Application [2026] NIKB 59 - part of the Phoenix Law team acting for the Garvaghy Road Residents’ Coalition in the Drumcree parade litigation before the High Court and Court of Appeal, in which the High Court upheld the Secretary of State’s prohibition of the parade along the Garvaghy Road.
  • Free the Night and Holly Lester - a 2026 judicial review of the Minister for Communities’ response to Northern Ireland’s independent licensing review.
  • Re Blair - a successful 2024 judicial review in which the High Court found that the Northern Ireland Prison Service acted unlawfully and in breach of Article 8 ECHR in refusing a prisoner temporary release for his 40th wedding anniversary.
  • Housing Executive appeal - a successful appeal of a Northern Ireland Housing Executive decision, securing emergency rehousing for a mother and her children who had been threatened by paramilitaries.

Troubles Permanent Disablement Payments

Diarmuid has a long-running practice in applications, appeals and challenges before the Victims’ Payments Board. In 2026 he secured a successful review for a victim of a paramilitary-style shooting whose application had been refused, applying the High Court’s judgment in Re McCabe’s Application [2026] NIKB 24 on the treatment of paramilitary-style attacks under the Scheme. He also advises on judicial review of Victims’ Payments Board decisions.

Inquests and Public Inquiries

Diarmuid has significant experience in large-scale, complex inquests and public inquiries, often acting for families who have campaigned for decades for truth and accountability. His work includes:

  • The Stardust Inquests - part of the legal team representing families of the 48 victims of the 1981 Stardust fire (Dublin, 2023-2024). The inquests returned unlawful killing verdicts in respect of all 48 victims, followed by a State apology from the Taoiseach. Diarmuid was then part of the Phoenix Law team that negotiated a €24 million State compensation scheme on behalf of 47 of the 48 families.
  • The Michael Shine Commission of Investigation - acting alongside Dignity4Patients for hundreds of survivors of the former consultant surgeon at Our Lady of Lourdes Hospital, Drogheda. Diarmuid campaigned for a Commission of Investigation from 2023, through the scoping exercise led by Lorcan Staines SC, to the Government’s acceptance of the scoping report’s recommendations in full in July 2026. Phoenix Law now represents survivors as the Commission of Investigation is established.
  • The South-East Commission of Investigation (Bill Kenneally) - acting for survivors of Bill Kenneally throughout the Commission into the response of State bodies to abuse in Waterford. Following publication of the report of Mr Justice Michael White, the Taoiseach delivered a formal State apology to survivors in Dáil Éireann in July 2026.
  • The Ballymurphy Inquest - involvement in the 2021 proceedings which found that ten civilians killed during the introduction of internment in 1971 were entirely innocent and that their deaths were unjustified.
  • Inquests in Northern Ireland - multiple legacy and non-legacy inquests, including contentious pre-inquest review hearings involving disclosure disputes, police conduct and Article 2 compliance.

Civil Litigation and Group Actions

Alongside his public law and inquest practice, Diarmuid acts in complex civil and commercial litigation across multiple jurisdictions. His experience includes:

  • The FBA Brand Builder Group Action - acting for a large group of claimants against Darren Campbell and the FBA Brand Builder programme, which is alleged to have misled participants and caused them significant financial losses.
  • Defamation - acting for Mick Finnegan in defamation proceedings against Irish media outlets, alongside other reputation management matters.
  • Assault and human rights claims - civil claims arising from assaults, human rights breaches and systemic failures, engaging both domestic law and the European Convention on Human Rights.
  • Cross-border litigation - proceedings in Northern Ireland, the Republic of Ireland and England and Wales, including matters with parallel criminal and civil elements.

He has played a key role in securing substantial settlements and apologies on behalf of victims and survivors in claims against state bodies, including the PSNI and MOD, as well as private organisations.

Media

Diarmuid regularly comments in the media on behalf of clients, and appeared on the Activist Lawyer Podcast (Episode 121, “Seeking Justice”) to discuss his work for victims of historical abuse.

Email:diarmuid@phoenix-law.org

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