A DUBLIN solicitor sued the Irish Nationwide Building Society for alleged libel and slander in the High Court yesterday.
Mr Michael Sheil (39), practising as Michael Sheil and Associates, of Temple Court, Temple Road, Blackrock, Co Dublin, also brought an action against the society's arrears controller, Ms Pamela Kinsella.
Mr Denis Vaughan Buckley SC, for Mr Sheil, said his client had been in partnership with another solicitor, Mr David Fitzpatrick, and practised as Fitpatrick and Sheil. The partnership was dissolved on June 14th, 1991. At that time, a property transaction (involving a Mr Gaffney) took place while the partnership was still in existence. After June 17th, Mr Sheil acted for the client.
Mr Buckley said that around August 12th, 1992, Mr Roger M. Berkeley, an auctioneer, spoke with Ms Kinsella about the property transaction. Mr Berkeley would allege that she had said. "I have even tried to track down Mr Gaffney's solicitor, Fitzpatrick and Sheil, and I have recently discovered from my investigations that they have been struck off."
Mr Buckley said these words slandered Mr Sheil. Nothing more serious could happen to a solicitor than to be struck off.
A cursory glance at correspondence showed Mr Fitzpatrick had no interest in the business. Mr Buckley said that as far as they were aware, Mr Fitzpatrick had been suspended from practice in July 1992, but not struck off, a year after the partnership with Mr Sheil had been severed.
The libel arose from a letter of August 19th, 1992, signed by the society's managing director, Mr Michael Fingleton, which claimed the words spoken by Ms Kinsella were that she had tried to contact the borrower's firm of solicitors but they were "not around".
The society denies Mr Sheil's claims. It adds that, without prejudice, if the words were spoken, which was denied, then they were spoken on an occasion of qualified privilege. It contended that their August 1992 letters were true and accurate and reported the efforts made to contact Fitzpatrick and Sheil.
The hearing continues today.