Defamation claims between Van Morrison and former health minister Robin Swann to be heard together in September
Competing defamation claims between Sir Van Morrison and former Stormont Health Minister Robin Swann will be heard together by a single jury, a High Court judge has ruled.
Mr Justice Colton also confirmed that the trial of the two actions over the handling of Covid-19 restrictions in Northern Ireland is to begin in September.
He said: “(It is) better, in my view, to have one jury or tribunal of fact determining all the issues.”
Both lawsuits relate to conflicting views on how Mr Swann responded to the pandemic in his ministerial capacity.
The politician sued for slander after Sir Van declared that he was “very dangerous” in front of an audience at Belfast’s Europa Hotel in June 2021.It came after the musician’s gigs at the venue were cancelled due to a ban on live music imposed as part of coronavirus restrictions.He took to the stage and directed criticism at Mr Swann, with video footage of the incident subsequently going viral.
Similar assertions in a newspaper interview and a YouTube video form part of those proceedings.In a separate action, Sir Van is suing Mr Swann and the Department of Health over an earlier opinion piece published in Rolling Stone magazine.The article appeared in September 2020 after the performer announced plans to release anti-lockdown songs and donate proceeds to a hardship fund for musicians facing restrictions on live performance.
Under the headline ‘Northern Ireland’s Health Minister would like a word with Van Morrision’, the piece claimed some of the singer-songwriter’s messages at the time were dangerous.
Mr Swann expressed disappointment at someone he acknowledged as “one of the greatest music legends of the past 50 years”.The songs were described as a “smear” on those involved in the public health response to the pandemic.
It has already been determined that jurors should determine the two actions.
In a further preliminary legal skirmish, Mr Swann made an application for both actions to be dealt with at the same time because of the issues involved.
His lawyers further argued that it would save time and costs, as well as avoiding the risk of inconsistent findings and witnesses having to attend two separate trials.
Opposing the application, counsel for Sir Van disputed suggestions that the two cases involved common issues of fact and law.
It was submitted that the actions relate to different publications on different dates.
The court heard Sir Van is relying on a privileged defence in the suit against him, based on “a reply to attack”, and honest comment on a matter of public interest.
According to Mr Swann’s legal team, however, those defences are not available because the words were allegedly spoken maliciously.
In his ruling, Mr Justice Colton held that the issues in both actions will primarily be decided on the same evidence.
He said counsel for the former Health Minister will inevitably cross-examine Sir Van about why he only issued proceedings after being sued first.
Describing it as inevitable that the Rolling Stone article will also have to be considered in Mr Swann’s claim, the judge observed that jurors in each action will know about the other litigation.
“In order to avoid confusion and to ensure that the jury fully understands the issue raised it would be preferable, in my view, for the same jury, or tribunal of fact, to deal with all issues,” he confirmed.
“The Swann action and the Morrison action shall be tried at the same time before a jury… (and) be heard together (in) September.”