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McKenna v MGN Ltd
Comment
This was a case that turned very much on its own facts. The justification plea failed essentially because the Judge accepted C's sincerity; any valid criticisms that might be made of La Salle did not indicate the necessary dishonesty on his part. The Judge was critical of D's intransigent attitude and 'arm chair machismo'. While holding that he could not deal with the issue of damages without further evidence, he nonetheless suggested that C's damages may be modest, given that he could have clarified the nature of the work he did for his PhD much earlier, and the fact that he did not receive a great deal of supervision or guidance from La Salle.