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Defending Predatory Litigation

by Brian O'Reilly

For many business people, litigation, whether in the civil courts, in statutory regulators’ tribunals or in the criminal courts is an important facility to assist them in running their companies. For example, if a small firm found that its trade was being swamped by a larger competitor it can turn initially to its solicitors and together a complaint can be submitted to the Competition Authority or the European Commission Office. Equally, the courts’ system provide a highly efficient and fast system for the collection of debts.

But what if a litigant uses the system against your business to such an extent that it threatens the firm with damage to its economic wellbeing or reputation or industrial relations? In other words what if someone brings a spurious law suit or complaint against you hoping for a big payout? Even though the claim may have little chance of success in law, the claimant may be relying on your reluctance to have all your business affairs, corporate and perhaps personal open to public scrutiny in the Commercial Court, the Equality Tribunal or to any one of the many regulatory bodies (there are 450 in Ireland, and it is estimated that as many as one half of which can relate to and have jurisdiction over the activities of the average business).

So how can you stop such activity? I have always taken the view that spurious, groundless and predatory litigation is a form of bullying. It is also blackmail, and by that I mean the actual criminal offence of blackmail. The best way to defend is obviously deal with the issues complained of on their merits. It is also important, where appropriate in such cases, to mount a vigorous attack on the case and the motives of the party bringing the complaint. It is also vital to conduct a thorough and ongoing scrutiny of the process that is undertaken by the complainant’s representatives or any investigating regulator.

When we take on a case where predatory activity by the opposing party is suspected, It is always our policy to engage fully and immediately with the opposing party and indicate our view of their position and where warranted discussing our suspicions of fraud, blackmail and possible perjury. Where a complaint to a regulator is involved we will fully engage with the regulator and make plain our belief of misconduct by the complainant. We will always propose, where appropriate, that the regulator on finding that we are right should prepare a file for the Director of Public Prosecutions for consideration of criminal charges against the complainant.

In court cases we have in the past complained to the judge of Abuse of Process, Perjury and Conspiracy to Commit Perjury.  We have also prepared files for the DPP reporting grounds for criminal charges arising from claimants/plaintiffs.

We make no apologies for our defending our clients in a robust manner where their interests are being attacked by claimants using spurious and questionable methods. It is the only way with which to deal with bullies who abuse the law for their own purposes.

 

Brian O’Reilly

Phone (01) 4525211

email: bporeilly@bporco.ie

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B.P.O’REILLY & COMPANY SOLICITORS & NOTARIES ARE LAWYERS BASED IN DUBLIN IRELAND SPECIALISING IN LEGAL AND NOTARY SERVICES FOR BUSINESSES AND INDIVIDUALS WHO NEED ADVICE AND REPRESENTATION IN LOCAL, NATIONAL AND INTERNATIONAL CASES.

HEAD OFFICE: B.P O'Reilly & Co. Solicitors, Coric House, Main St, Tallaght, Dublin 24, Republic of Ireland.

Telephone: (01) 4525211      Fax: (01) 4525436

[International (+353-1) 4525211 Fax: (+353-1) 4525436]         

 E-mail: general@bporco.ie

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