Couple lose €75,000 claim against restaurant for being asked to pay bill
A couple who claimed they had been defamed by staff who asked them to pay a dinner bill at a pub-restaurant have lost a €75,000 claim but escaped having to pay defence legal costs.
Judge John O’Connor, dismissing the claim by Glen McCarthy and Joanna Walsh, said in the Circuit Civil court he had found Mr McCarthy’s evidence to have been very argumentative.
The judge said it was probably Mr McCarthy’s argumentative attitude in the Harbourmaster Bar and Restaurant close to Dublin’s Irish Financial Services Centre on the evening of January 4 last year that had led to the proceedings having been taken.
Barrister Matthew Gahan told the court the Harbourmaster was denying there had been any defamation of either or both of the two plaintiffs and had entered a full defence to the single defamatory claim by both.
Mr Gahan said the couple had left the restaurant without having settled their bill and had been approached for payment in the restaurant’s smoking area.
Judge O’Connor had heard from Ms Walsh, of Island Quay, East Road, Dublin 3, and her partner, Mr McCarthy, of Constitution Hill, Dublin 7, of their humiliation at having been asked to pay the bill.
They had come back inside after settling their bill with a €19 voucher and €11 in cash. The duty manager Michael Brennan had spent 15 minutes with them explaining house policy regarding payment for meals.
Mr Brennan told Mr Gahan that when they had asked for the manager he had met them and had spoken with the couple in a low voice and had dealt with the matter sensitively.
He explained that after having been “burnt” on a number of occasions by customers having left the restaurant before settling their bills, they had introduced a policy whereby staff would ask for payment.
Mr McCarthy said they had left belongings such as coats at the table while they had gone outside to the smoking area for a cigarette. He said they had been out for no more than five minutes. The waitress had asked for payment in front of other customers.
Judge O’Connor said the couple had taken umbrage at this and had claimed this had been defamatory. Mr Brennan had sat down with them and had tried to explain matters.
“Quite frankly, asking someone to pay for a meal isn’t defamatory and by no stretch of the imagination is there any evidence that they were defamed,” the judge said.