Solicitors get €80,000 over use of logo on Prime Time

TWO solicitors have been awarded €80,000 damages and costs by a High Court jury after it found they were libelled by the showing of their practice’s letterhead during an RTÉ Prime Time programme on bogus and exaggerated compensation claims.

Brothers Paul, 52, and Brendan, 48, Byrne claimed their reputations had been damaged as a result of the programme of March 27, 2003.

They said the featuring of the letterhead meant that Prime Time had accused them of bringing bogus claims and that they were dishonest and guilty of unethical conduct.

The jury of five men and seven women found unanimously that a reasonable viewer of the broadcast, familiar with their firm’s logo or letterhead, would identify them.

They also found, by majority verdict, that this meant the Byrnes were responsible for bringing bogus personal injury claims, which was untrue.

Afterwards, Paul Byrne expressed satisfaction with the outcome.

The Byrnes, practising as B and P Byrne, Tyrconnell Road, Inchicore, Dublin, brought the action over the progamme entitled Sue Nation, during which a claims handler for CIÉ alleged the legal profession was encouraging bogus claims for personal injuries.

During his interview, the claims handler had opened a file in which, the Byrnes claimed, their letterhead was clearly visible.

RTÉ had denied the headed notepaper was visible or recognisable in the footage, and pleaded that the shot of it was fleeting.

The court heard evidence from eight witnesses who saw the programme on the night and all said they immediately recognised the Byrne firm’s distinctive logo. The witnesses included circuit court judge Gerard Griffin and a barrister Patrick O’Reilly BL.

Paul Byrne told the court he had received a number of calls asking him did he see the programme about “dodgy solicitors”. When he saw a tape a month later, he was “stunned” by it.