Courts

Former Law Society president and husband settle long-running defamation action taken by accountant

Maura and Patrick Derivan accused of writing letter which led to odium and ridicule of Robert (Bobby) Fitzgerald

Robert (Bobby) Fitzgerald alleged a letter written by solicitors Maura and Patrick Derivan suggested he was dishonest in his dealings with financial institutions. Photograph: Bryan O'Brien

Ray Managh
Tue Dec 12 2023 - 11:37

A former president of the Law Society and her husband have settled a €50,000 defamation case taken against them by a Co Tipperary accountant over a letter dating back to 2009.

The Circuit Civil Court heard Robert (Bobby) Fitzgerald’s action against Maura Derivan, a solictor whose term as president of the society ended a month ago, and Patrick Derivan for defamation of character, negligent misstatement and breach of duty could be adjourned until the New Year for mention.

Mark Harty SC, who appeared with barrister David Kearney and Beauchamps Solicitors for Mr Fitzgerald, said a letter would be read out at the next hearing. No details of the settlement were divulged in court.

The Derivans practice as Derivan Sexton Solicitors at New Street, Carrick-on-Suir, and Mr Fitzgerald practices as Fitzgerald Fleming Accountants at Railway House, Cregg Road, Carrick-on-Suir.

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A third defendant, Bernard Brophy, a plasterer, who lives at Owning Village, Piltown, Co Kilkenny, was joined to the proceedings. He was a client of the Derivans when a letter, the basis of the defamation proceedings, was written by his solicitors in 2009.

Mr Fitzgerald claimed the contentious letter suggested he had advised Mr Brophy to engage in schemes to deceive lending institutions into providing loan funding on the basis of sales contracts which he and Mr Brophy allegedly did not intend to proceed with.

He also claimed the letter, which he alleges was published to non-parties, meant he, practicing as an accountancy firm, engaged in obtaining development funding from lenders by misleading them into believing that binding contracts had been entered into for the sale of premises when they had not.

The accountant also alleged the letter suggested he was dishonest in his dealings with financial institutions or reckless in the advice he provided to clients. He claimed he had been exposed to odium, ridicule and contempt and had suffered damage.

The Derivans entered a full defence in the proceedings in which they denied every aspect of Mr Fitzgerald’s allegations. The legal costs in the proceedings, which have been in court on dozens of occasions, are expected to be more than €100,000.

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