Court Actions.

Dáil Éireann Debate, Wednesday - 2 February 2005

Wednesday, 2 February 2005

Questions (259)

John Cregan

Question:

319 Mr. Cregan asked the Minister for Justice, Equality and Law Reform the situation regarding court actions taken against the State or State agencies by persons of limited means; the consequences of their losing and not receiving costs; if they are normally pursued by the State; if staged payments are negotiated; if, the case of a point case, both parties are pursued for costs; if this principle follows through to no foal no fee cases in which the solicitor has a monetary interest and co-responsibility; if solicitors have been pursued for costs in no foal no fee cases; if not, the reason therefor; and if he will make a statement on the matter. [3155/05]

Written answers

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I can only reply to the Deputy's question in so far as it relates to my Department. I draw his attention to the work of the State Claims Agency. Under the National Treasury Management Agency (Amendment) Act 2000, the management of personal injury and property damage claims against the State and the underlying risks was delegated to the National Treasury Management Agency.

I can further inform the Deputy that as regards cases dealt with by my Department, in which the State is awarded costs, the policy of my Department is to pursue such costs from the individuals concerned. However, it is often not possible to obtain costs in these type of cases as the other party has either limited means or assets. In pursuit of this policy, decisions as to how to pursue costs awarded to the State are based on legal advice on a case by case basis.