The Court of Appeal has overturned its own decision allowing Ian Bailey to appeal against the dismissal of his action for damages on one ground.

Mr Bailey lost his case against the Garda Commissioner and the State over the conduct of the garda investigation into the murder of Sophie Toscan du Plantier in West Cork in December 1996.

The jury rejected Mr Bailey's claim that three gardaí conspired to frame him for the murder of the French film-maker.

Mr Bailey appealed and today’s decision means he has now lost that appeal in its entirety.

Mr Bailey’s original appeal was rejected, except for one issue where the Court of Appeal found he was entitled to seek a retrial.

The Court of Appeal's original judgment found that the High Court should have allowed Mr Bailey's claim that alleged leaks by gardaí of confidential information to the media, breached his constitutional right to privacy, to be decided by the jury.

Mr Bailey claimed gardaí gave confidential information from statements made by key witness, Marie Farrell, to media organisations before Mr Bailey's libel action against various newspapers in 2003.

The Court of Appeal ruled that that claim was not made too late and the High Court was wrong not to let it be decided by the jury.

However, lawyers for the State asked the Court of Appeal to review its decision on this matter.

They said the court made a "plain error" in its original judgment by describing an observation of the High Court judge in relation to this aspect of the case, as a ruling.

Mr Bailey's lawyers said the power to reopen a decision could only be used in exceptional circumstances and this case came nowhere near meeting that test.

They said there was "too much protest" by the State about "too little".

In its decision today, the Court of Appeal found in favour of the State.

It found that even if the trial judge had failed to give a ruling on the issue, it had not prejudiced Mr Bailey in his trial.

It found that even if the issue had been specifically addressed in the High Court, there was not enough evidence that gardaí had disclosed this information, to allow it to have gone to the jury.

The decision means Mr Bailey has lost his appeal in its entirety and cannot now seek a retrial. He may seek to appeal this decision to the Supreme Court.

Mr Bailey was not in court.