Solicitors sue RTÉ for libel during programme

TWO solicitors claim they were libelled in an RTÉ Primetime programme which allegedly showed their practice’s letterhead during a programme on bogus and exaggerated compensation claims.

Brothers Paul, aged 52, and Brendan, aged 48, Byrne are seeking damages because they say Prime Time accused them of bringing bogus claims, of being dishonest and being guilty of unethical conduct, and their reputation had been damaged by the programme which was aired on March 27, 2003.

The Byrnes, practising as B and P Byrne, Tyrconnell Road, Inchicore, Dublin, say they were libelled during a section of programme entitled “Sue Nation” when a claims handler for CIÉ alleged the legal profession was encouraging bogus claims for personal injuries.

RTÉ denies the headed notepaper was visible or recognisable in the footage complained of.

Opening the case for the Byrnes, both married with children and originally from Rialto in Dublin, Hugh Mohan SC said in a section of the programme dealing with the legal profession that CIÉ claims investigator Pat Kelly said a list was kept by Dublin Bus of solicitors who were responsible for bringing bogus or unmeritorious claims.

Mr Kelly said that when claims come in on the headed notepaper of certain solicitors, they (CIÉ) deal with them very carefully and everything had to be checked, rechecked and “nailed down”. As they 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 on front of him (Kelly),” Mr Mohan said.

Although the Byrnes did not see the programme, Paul received a number of calls asking him if he saw the programme about “dodgy solicitors”.

The case continues next Tuesday.