A solicitor's skill and professionalism in bringing about an almost immediate and comprehensive apology from RTE in a libel case had to be justly rewarded, a court has ruled.
Mr Justice Esmond Smyth, president of the Circuit Court, increased the instruction fees of Frank Ward and Co from £1,000 to £1,750 in a libel action by a member of Fingal County Council against RTE, Gay Byrne and a former Dublin Corporation spokesman, Mr Noel Carroll.
However, he refused to allow the Dublin legal firm any more than the £450 costs awarded by the County Registrar, Mr Michael Quinlan, in each of 14 associated libel actions taken by other county council members.
Mr Justice Smyth said the councillors claimed that allegations of corruption had been made against them by Mr Carroll on The Gay Byrne Show relating to the rezoning of lands for residential development, for which they had voted.
"In the light of recent events in Ireland there can be little doubt that an allegation of corruption against public representatives is a grave matter which could have very serious consequences for them should they fail to vindicate their reputations," he said.
He said Mr Liam Guidera, a partner in Frank Ward and Co, had achieved, through intensive negotiations, a comprehensive apology from RTE on the programme the next day.
The legal firm had sought £1,500 instruction fees in each of the 15 cases. This had been reduced during taxation by the County Registrar to £1,000 in one "lead" case and £450 in all of the others. The firm had appealed that decision to the Circuit Court.
Mr Justice Smyth said there had been one initiating letter, written in the same terms, on behalf of all plaintiffs seeking the apology.
It had been acknowledged the apology had gone some way toward retrieving what the councillors saw as an appalling situation and, clearly, it was highly improbable RTE would run a defence of justification, or attempt to put the councillors' reputations in issue at a trial. E had subsequently been accepted by all the plaintiffs. Mr Justice Smyth said the County Registrar, having regard to the communality of factors, had not erred in taking a "lead" case for a higher instructions fee and fixing a lower fee for the remainder.
However, he was not satisfied he had sufficient regard to the importance of the matter to the client, and increased the £1,000 award to £1,750. He made no change in the £450 fee allowed for the subsequent cases.