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Victims of ‘big end of town’ should not be constrained by fear of litigation, principal says
One firm has argued that while safe and less costly routes out of court may appear on its surface to be the right option for victims of wrongdoing by major corporations, they are placed at a disadvantage and are losing the opportunity for vindication.
Naomi Neilson
Creevey Russell Lawyers principal Dan Creevey said it is a “shame” that many victims of the “big end of town” and their lawyers are reluctant to take their matters to court, instead opting for resolution without litigation. In doing so, he warns that they are “prejudicing themselves” and playing into the corporations’ hands.
Reflecting on some of the firms’ recent successes, Mr Creevey said clients involved with a large ASX-listed company that sold a contaminated chemical to a farmer were able to achieve the win because they were willing to pursue litigation.
In another, a client was successful in litigation against a gas company that introduced a pernicious weed to their property. The firm also pursued successful action against a multinational that produced a medical device that poisoned a client. While most details have been kept confidential, the clients walked away “vindicated”.
“To my mind, this highlights how litigation is needed to achieve vindication for people, rather than take a safer and possibly less expensive route of settling out of court,” Mr Creevey commented. “Vindication is the sweetest victory of them all and when you get that, you have been proven right and justified in taking on an injustice.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
