Circuit court trial date set for defamation case involving Carrick-on-Suir solicitors

A county Tipperary accountant who is suing solicitor Maura Derivan – the current President of the Law Society - for €50,000 for alleged defamation of character, has finally been given a trial date for a case that is almost 14-years-old.

Robert (Bobby) Fitzgerald, chartered accountant and head partner of Fitzgerald Fleming Long Accountants, Carrick-on-Suir,  was told in  Dublin  Circuit Civil Court on Tuesday (April 18)   that a  trial would start on November 1 next.

During an earlier court application for a trial date Maura Derivan and her husband, Patrick, were criticised for allegedly  attempting to frustrate the hearing of the action against them. 

The court heard in January that the couple had “acted in a manner akin to obstruction” in the way they had dealt with the case.

Judge John O’Connor, who has stated he is unable to hear the case because he knows the Derivans, said other judges had recused themselves from being listed to deal with the trial.

Mr Fitzgerald initiated the defamation case against the Derivans, who practise as Derivan Sexton and Co Solicitors in Carrick-on-Suir, and another defendant, Bernard Brophy, more than 13 years ago. 

 At the previous request for an early hearing, Mr Fitzgerald shocked the court by saying “Aw for fuck’s sake” when told by Judge O’Connor there was a shortage of judges to deal with the case.

Barrister Dan O’Mahony, who appeared with Beauchamps Solicitors for Mr Fitzgerald, told Judge O’Connor  at Tuesday's hearing  that the parties had attempted to reduce the proposed four-day hearing but the best they could do was reduce it to three days.

Solicitor Neil Brehany, of Sean Ormond Solicitors, Waterford, for Mr Brophy said his client was “the man in the middle” and was suffering extreme stress because of the delay in getting a hearing.

 “For him it has an urgency of its own,” Mr Brehany said.

Judge O’Connor said he fully understood the situation but unfortunately getting three to four consecutive days was difficult.  

He put the matter down for trial for two days beginning on November 1 to “see what happens”. 

During earlier applications for a trial date, Judge O’Connor has urged the parties to try and resolve matters.

The Derivans have earlier denied there was any obstruction on their parts to settlement talks.

The case, which was moved from the South Eastern Circuit to Dublin on the application of the Derivans, arises from written correspondence allegedly initiated and published by Derivan Sexton and Co. in matters relating to their client, Mr Brophy, concerning the proposed purchase of a development unit by Mr Brophy and involving Mr Fitzgerald’s company.

Maura Derivan was elected the new President of the Law Society of Ireland on  November 11 last year.  Prior to her election, she was the Law Society’s senior vice president. 

Her term of office is due to end on November 11 next.

A full defence, denying all and any issues relating to the alleged defamation against Mr Fitzgerald, has been entered on behalf of the Derivans and Mr Brophy,  who is a plasterer from  Owning, Piltown, county Kilkenny.