Two solicitors have sued RTÉ for damages for alleged libel in an RTÉ Prime Timeprogramme about bogus and exaggerated compensation claims. They contend that during the programme, their practice's letterhead was visible.
In their High Court action, brothers Paul (52) and Brendan Byrne (48) claim the showing of the letterhead meant Prime Time accused them of bringing bogus claims and that they were dishonest and guilty of unethical conduct. They claim their reputation had been damaged by the programme broadcast on March 27th, 2003.
The Byrnes, practising as B and P Byrne, Tyrconnell Road, Inchicore, Dublin, say they were libelled during a section of a programme entitled "Sue Nation" when a claims handler for CIÉ alleged the legal profession was encouraging bogus claims for personal injuries. They claim a file of documents on the programme included and showed their practice letterhead.
RTÉ denies libel and contends the headed notepaper was not visible or recognisable in the footage complained of.
Opening the case for the Byrnes, Hugh Mohan SC said that in a section of the programme dealing with the legal profession, CIÉ claims investigator Pat Kelly had said a list was kept by Dublin Bus of solicitors who were responsible for bringing bogus or unmeritorious claims.
Mr Kelly had spoken about large advertisements in the Golden Pages that he believed encouraged people to take claims, particularly where they were offered a "no foal, no fee" option, under which a claimant only pays the lawyer if they win the case.
Asked by the interviewer what did he make of this, Mr Kelly replied that some solicitors had a lot to answer for and deserved a serious "rap on the knuckles" for wasting court time. Mr Kelly went on to say that when claims come in on the headed notepaper of certain solicitors, CIÉ dealt with them very carefully and that everything had to be checked, rechecked and "nailed down".
As those words were being spoken, Mr Mohan said the camera showed Mr Kelly sitting at his desk opening a file. "You can see very clearly the headed notepaper of B and P Byrne in front of him," Mr Mohan said.
Although the Byrnes did not see the programme, Paul Byrne received a number of calls asking him did he see the programme about "dodgy solicitors".
In evidence, Mr Byrne said that when he was first told about the programme, he thought it must be a mistake. However, the calls he received from people who had seen it, including his sister-in-law and a legal colleague, were unsolicited.
Another person who mentioned it to him was the senior vice-president of the Law Society, Gerard Griffin, now a Circuit Court judge, who told him he "instantly recognised" their notepaper.
In evidence, Judge Griffin said he was disappointed with the brothers because he thought, when he saw the notepaper and given the context in which it was shown, that they were involved in fraudulent claims.
He had been involved with the regulatory and compensation committees of the Law Society for many years and made some phone calls after the programme, which established the brothers were not under investigation by the Law Society.
He later asked the brothers for assurances that he should not have any concerns about them and received those assurances. He was a solicitor for 30 years before his recent appointment as a judge and, in the legal profession, reputation was "everything".
He now deeply regretted he had thought badly of the brothers at the time of the programme, Mr Griffin said.