A former local radio disc jockey told the High Court yesterday that he and his wife were unaware they were participants in an unsuccessful High Court action until they got a bill for more than £66,000 from solicitors acting for the successful party, the Independent Radio and Television Commission.
Michael and Wendy Richardson, of The Orchard, Castleconnell, Co Limerick, have brought two sets of proceedings, the first against Gerard Madden, described as owner of a Limerick radio station, Patrick Street, Limerick.
The couple claim Mr Madden agreed to indemnify them in High Court judicial review proceedings heard in 1997.
Those proceedings concerned four applications to the IRTC for radio franchise licences in the Limerick region which were refused by the IRTC.
The four applications had been made by Maigueside Communications Ltd, New Limerick FM Ltd, Limerick 95 FM Ltd and by the Richardsons and John Franks, trading as Big L Radio Limerick.
The Richardsons' second action is against a Limerick firm of solicitors, Dermot G O'Donovan and partners, who, the Richardsons claim, were instructed that the Richardsons did not wish to proceed with the judicial review proceedings.
The Richardsons allege that the solicitors' firm failed to act on those instructions, resulting in a situation where the Richardsons ended up personally being ordered to pay £66,078, together with interest.
The Richardsons claim they cannot pay such a bill, had been threatened with bankruptcy and had had their names published in Stubbs Gazette.
Mr Madden denies the existence of the alleged or any agreement, oral or otherwise to indemnify the Richardsons.
The firm of solicitors deny that they were instructed by the Richardsons that they (the Richardsons) did not wish to proceed with the judicial review proceedings.
The firm claims it acted in the judicial review proceedings on the express instructions of the Richardsons. At no time, it claims, were those instructions withdrawn.
The hearing before Mr Justice Quirke is expected to last six days.
Yesterday Eoin McCullough SC, with Oisín Quinn, for the Richardsons, said his clients had been unaware that the judicial review proceedings had taken place. They were not informed of the result or that costs of that hearing had been awarded to the IRTC.
Mr Richardson (58) said in evidence that in 1996 the IRTC was looking for a new radio franchise-holder in the Limerick area and he, his wife and an English friend, John Franks, trading as Big L Radio Limerick, applied to the IRTC for a licence. Mr Madden at the time had the franchise and ran Radio Limerick 1.
After the failure of the IRTC to grant an oral hearing to a number of applicants, including Big L Limerick Radio, representatives of four applicants, including Mr Richardson, had sought advice from Michael Hogan, a solicitor in the firm of Dermot G O'Donovan and partners.
Mr Richardson claimed that Mr Hogan said they had a cause of action against the IRTC and had indicated he would require £10,000 from each of the four applicants in order to proceed with the judicial review proceedings.