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GAZETTE

M

I

W A

H

OCTOBER 1995

Law Society "sick of being made a

scapegoat" by Dublin Corporation

On both the pages of the

Irish Times

and the

Gerry Ryan Show

on RTE

Radio recently, Dublin Corporation's

spokesman, Noel Carroll, made

allegations of "unethical" conduct

by solicitors. However, he failed to

either produce evidence to support

the allegations or withdraw them

as subsequently demanded by

Law Society Director General,

Ken Murphy.

Noel Carroll - "unethical

vigour"

of

solicitors

The Irish Times

In an

Irish Times

article, the first of a

two-part series entitled 'The

Compensation Carousel'; Mr. Carroll

was reported as saying that Dublin

Corporation's annual damages bill had

already climbed to £6m in the current

year. "We have taken a two-pronged

approach to defending ourselves" he

continued. "Firstly, we are keeping

records of everything we do and how

often we do it. But we have also been

very vigorous in our criticism of the

'no foal no fee' system offered by

solicitors and of things like the lack of

censure for false claims".

Mr. Carroll proceeded to accuse

solicitors of pursuing claims against

the Corporation with "unethical

vigour" and insisted that the Law

Society needs to "get its house in

order" on what he saw as a moral

issue.

The same

Irish Times

article reported

the Law Society's Director General,

Ken Murphy,

as unrepentant about the

role of his members in giving the

Corporation a hard time. "We totally

reject the notion that there are a lot of

spurious claims being made, and we

are sick of the Law Society being

made a scapegoat by bodies like

Dublin Corporation. We have

repeatedly asked

Noel Carroll

to show

us evidence of solicitors bringing false

claims to the Corporation with little or

no response."

have to do to protect themselves is

provide reasonable care."

The Gerry Ryan Show

On the day following the

Irish Times

article,

Noel Carroll

gave a live

telephone interview to RTE Radio l ' s

Gerry Ryan Show.

He complained of a

claims culture " of epidemic

proportion" and which had "run off

the Richter scale".

He stood by his quoted remarks in the

Irish Times

about claims being

pursued with "unethical vigour" by

solicitors.

Gerry Ryan

quoted to him

Ken Murphy's demand that Mr.

Carroll produce evidence of these

allegations. Mr. Carroll implicitly

rejected any responsibility to do this

with the words "that's real legal talk".

Gerry Ryan - Quoted demand

for

evidence

"The no-fee system is not only

perfectly legitimate, it is absolutely

necessary in the absence of any civil

legal aid scheme, to provide access to

justice for people who have suffered

injury through the negligence of

others",

Ken Murphy

continued. "The

employers and public bodies who are

complaining so loudly now are

suffering because they got away with

low standards for so long. All they

Ken Murphy - "Noel Carroll should

put

up or shut up"

On the following day,

Ken Murphy

gave a 20-minute interview to the

Gerry Ryan Show

in which he outlined

the copious evidence of low standards

of health and safety in the workplace

and on the roads in Ireland. He

contended that Ireland suffers from a

"negligence culture and not a claims

culture".

267