Settlement in case of former solicitor's claim of defamation

An action in which a Dublin woman, now a Montessori teacher, claimed her career as a solicitor had been blighted by an alleged…

An action in which a Dublin woman, now a Montessori teacher, claimed her career as a solicitor had been blighted by an alleged statement made with the authority of the First National Building Society, now First Active plc, was settled at the High Court yesterday.

Ms Victoria Robinson-Sweeney (39), of Upper Glenageary Road, Glenageary, Co Dublin, had claimed an employee of the building society, Ms Mary King, had said Ms Robinson lacked common sense and had a bad attitude.

Ms Robinson had been working in the firm of T.P. Robinson, Merrion Square, Dublin, dealing with matters of arrears owed to the society.

At the outset of the hearing yesterday of Ms Robinson's action alleging defamation, Mr Jack Fitzgerald SC, for Ms Robinson, said two partners of T.P. Robinson went to First National to find out why work from the society to the solicitors' firm was "drying up" and were told they were not getting any more work until they got rid of Ms Robinson.

READ MORE

Mr Fitzgerald said the partners were told: "Either she goes or we go."

The work she had been doing regarding arrears was taken from her. In effect, from that moment "she was gone", counsel said. She had managed to struggle by for another 12 months and was made redundant. Her career as a solicitor had been blighted, she had left the profession and now worked as a Montessori teacher.

The building society denied it had defamed Ms Robinson. Alternatively, it was claimed that if those words were spoken, it was on an occasion of privilege or, alternatively, the words were true.

Mr Fitzgerald said his client had been involved in making the arrears department more efficient but was also an expert in representing the society before the courts.

Ms Robinson had been told by the person in charge of the society's arrears department, Ms King, that as the whole system was working better, she did not have to come back to the society in relation to what had to be done on any one day.

At the time, First National was receiving bad publicity over court cases involving arrears. Mr Fitzgerald said Ms Robinson had been told by Ms King to use her discretion. She was told that if a case did not "look right" in court, she was to have it adjourned and the society would try to sort it out. Ms Robinson was told to keep the name of the society "good".

In March 1996 it had been noticed that work coming from the First National had been drying up for no reason that anybody could say, counsel said.

It was suggested that, rather than Ms Robinson presenting a case in court herself, she should consider calling in a barrister. The matter went no further.

In evidence, Ms Robinson said that when she qualified, First National would have been the firm's most important client. From July 1995 she was in charge of the arrears department in the solicitors' firm. Ms King was very keen that First National would be seen to be reasonable by judges when cases came to court. She said she was complimented by two Circuit Court judges on to her performance in court and also by other solicitors. While the action was at hearing before the President of the High Court, Mr Justice Morris and a jury yesterday, Mr Henry Murphy SC, also for Ms Robinson, said the matter had been settled and the action could be struck out with no order.