A leading firm of solicitors, which represented 15 county councillors in libel proceedings against RTE, Gay Byrne, and a former Dublin Corporation spokesman, Mr Noel Carroll, has appealed against what was described as "swingeing cuts" in its legal costs.
Mr Denis Mc Donald, counsel for Frank Ward and Co, solicitors, Upper Ormond Quay, Dublin, told the Circuit Court President, Mr Justice Esmond Smyth, yesterday that the County Registrar had cut claimed instruction fees of £1,500 to £450 in 14 cases and £1,000 in one.
He described as "manifestly unjust" a decision which reduced overall instruction fees of £22,500 to an all-in payout by RTE of £8,500.
Mr McDonald said the libel actions arose out of a comment by Mr Carroll on The Late Late Show in October 1996 about alleged "corrupt" rezoning of land for residential development. RTE had immediately apologised for the "wholly inappropriate and defamatory" remark and had made a lodgement of £1,100 in every case, which each plaintiff had accepted.
Mr Maurice Collins, counsel for RTE, defended the cuts on the basis of repetition in that 15 parties had made precisely the same argument in precisely the same proceedings about the same complaint, and precisely the same measure of damages had been accepted by all the plaintiffs.
Mr Liam Guidera, a partner in Frank Ward and Co, said the firm was consulted days after The Late Late Show broadcast by Cllr Anne Devitt, Cathaoirleach of Fingal County Council. After viewing a videotape of the discussion he had taken the view it was clearly defamatory of the councillors, particularly those who had voted for rezoning.
Cllr Devitt had conveyed his and counsel's opinion on the matter to her colleagues. A letter had been delivered by hand to RTE, Mr Byrne and Mr Carroll, and this had been followed by talks about broadcasting an apology.
After the apology one Green Party, six Fianna Fail, five Fine Gael, and three Labour councillors decided to pursue proceedings in the Circuit Court. Ms Devitt decided to proceed in the High Court and her action was still pending.
He made detailed preliminary inquiries of each councillor as to their political and personal backgrounds and how they believed the broadcast, seen by 824,000 viewers, had affected them. It had been important to explain to each the implications of taking a libel action and to inform them of what they were entering into. They were experienced politicians, some with national experience, and a number of them had been nominated in their constituencies for the following general election.
Junior and senior counsel had been consulted throughout the preparation of the proceedings and by mid-November it was clear RTE's attitude was that the apology had redressed the wrong completely and that there would be no question of damages. Mr Guidera said his company had been instructed to proceed against RTE. In June 1997 RTE made a lodgement in each case of £1,100, which ultimately each councillor accepted. The proceedings had never come to court and costs had been taxed and reduced by the County Registrar.
He said the company's costs drawers indicated a general instructions fee in each case of between £1,500 and £1,800 and his firm had charged the lower figure. Mr Guidera said there had been no question of taking one test case and waiting to see what happened. While this would have made his task much easier, he was aware he was acting on behalf of 16 individuals with different backgrounds, views and aspirations. While there had been some degree of repetition in the preparation of Civil Bills, this had been taken into account when charging the lower fee. Mr Justice Smyth reserved judgment.