In­ter­view found so­lic­i­tor brag­ging about how he had rarely lost cases

Irish Independent - - News - Amy Mol­loy

AN UN­DER­COVER in­ter­view with a so­lic­i­tor ad­ver­tis­ing ‘no win, no fee’ ser­vices for per­sonal in­jury claims found the so­lic­i­tor brag­ging about rarely los­ing cases – and how com­pa­nies rarely pur­sue fraud­u­lent claims.

The so­lic­i­tor, who can­not be named for le­gal rea­sons, told about two of his for­mer clients who fraud­u­lently claimed but “didn’t end up pay­ing costs”.

He also en­cour­aged the re­porter to pur­sue the claim by say­ing: “The night­club is bring­ing you in and charg­ing you for drinks, so on their back be it.”

And he added that the re­porter looked in­jured by the way she was sit­ting, de­spite not hav­ing any real in­juries.

As can be heard in an au­dio clip avail­able on in­de­pen­, the so­lic­i­tor said: “I’ve only lost two cases in 10 years and that’s be­cause they were chancers with fraud­u­lent claims [laughs] and even then they didn’t go af­ter them for costs, they usu­ally don’t.”

The sce­nario that was be­ing pre­sented to the so­lic­i­tor was a slip and fall in a par­tic­u­lar Dublin night­club.

The so­lic­i­tor said: “We’ve had a cou­ple of slips and falls, a cou­ple of good cases [against this club]. There was one where a girl slipped and fell and got glass in her knee and I think she got like €80,000.”

They added: “I didn’t ac­tu­ally ask you what kind of in­juries you sus­tained?”

Re­porter: “I was off work for a cou­ple of days and I’ve had spasms in my neck.”

So­lic­i­tor: “So whiplash yeah...”

The re­porter said she had around seven or eight drinks and wasn’t sure if there was a wet floor sign on the dance floor af­ter it had been cleaned.

The re­porter also asked if there would be a con­trib­u­tory negligence el­e­ment be­cause they had seen the mem­ber of staff mop­ping the floor and still walked over there.

The so­lic­i­tor then replied: “Of course they can [say that] but you would be say­ing well, I as­sumed when he was there mop­ping, he was af­ter dry­ing up, he wasn’t af­ter leav­ing more water, so there’s ways around that as well.

“They [de­fences like that] never re­ally wash as that’s their whole premise. You are there to dance and have a few drinks and to have a good time.

“They are bring­ing you in and charg­ing you for the drinks, so on their back be it,” the so­lic­i­tor added.

The night­club is bring­ing you in and charg­ing you for drinks, so on their back be it

‘You’re there to dance, have a few drinks and a good time’

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