Former chief justice Frank Clarke mediates ‘INM 19′ cases

Former Chief Justice Frank Clarke was brought in to mediate settlements in several legal cases between Mediahuis Ireland, the newspaper publisher previously known as Independent News & Media (INM), and members of the INM 19 who sued it over an illegal data breach, it is understood.

The former Supreme Court judge, who retired last year, has rejoined the Bar and is listed in the Law Library as a specialist in arbitration. It is understood he was retained in recent months to reach settlements in the INM 19 cases, where Mediahuis is being sued by people whose emails were secretly accessed in 2014 by consultants directed by INM’s former chairman, Leslie Buckley, who was the board representative of former INM shareholder Denis O’Brien.

“As all mediations are subject to strict confidentiality, I cannot make any comment on this matter,” said Mr Clarke.

The settlements reached between Mediahuis and some members of the INM 19 contain strict gagging clauses, which prevent any of the parties involved from discussing the case. Despite making large six-figure payouts to several members of the INM 19, it is understood that Mediahuis has not issued any apologies as part of the settlements.

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Representatives for Mr Buckley, who is also being sued by most of the INM 19, have also been involved in some settlement approaches. The businessman, who was singled out in court documents by the Director of Corporate Enforcement, Ian Drennan, for his role in the data leak, has long denied any wrongdoing in the case.

When asked this week if he was settling cases, he also declined to comment and said the cases are “the subject of a legally prepared confidentiality agreement between all the parties involved”.

“As stated from the outset, Mr Buckley will robustly defend himself against each and every allegation and continues to reserve his position,” said a spokesman.

The Irish Times revealed last week that Mediahuis has made payouts to members of the INM 19 such as its former chief executive, Vincent Crowley, former star columnist Sam Smyth, as well as public relations agents Mark Kenny, Jonathan Neilan, Harriet Mansergh and Jennifer Kilroy.

It is understood that settlement approaches were also made to Andrew Donagher, a former INM company secretary, as well as solicitor Simon McAleese, who sued INM personally and is also the legal representative for many INM 19 members in their cases against the publisher. Former INM head of group treasury Anne Marie Healy is also among those where settlements were discussed.

Some other INM 19 claims appear to be proceeding, including one taken by former INM chief executive Gavin O’Reilly and Karl Brophy, INM’s former head of corporate affairs. That case is listed for discovery next month. Public relations agent Rory Godson also has not yet settled, nor has former INM executive Joe Webb.

The email trawl at the heart of the INM claims, which was paid for by a company linked to former INM shareholder Denis O’Brien, was later found to be illegal by the Data Protection Commission and is now the subject of a State investigation. Mr Buckley hired IT experts to trawl the emails of journalists and other people with links to INM.

Mr Drennan, who successfully applied to the High Court in 2018 for inspectors to be appointed to investigate the email leak and other issues, said in court documents that many of the people whose emails were searched appeared to have had interactions with Mr O’Brien.