Legal action taken against my Department is mainly in the form of judicial review, civil bills, plenary summonses and personal injury proceedings.
The Chief State Solicitor's Office is responsible for the costs of the State's legal teams in cases that it manages on behalf of the Department. External legal costs incurred by the State Claims Agency arising from the defence of any claims managed by the Agency for the Department are refunded to the Agency by the Department. In addition, the Department may pay plaintiffs' legal costs as part of awards and settlements.
The total amount of legal costs incurred by my Department in the period 2011 to 2013 is set out below:
YEAR
|
Legal Costs
|
2011
|
€2,229,197.80
|
2012
|
€1,440,243.60
|
2013
(to 16/12/13)
|
€1,492,539.71
|
In cases where the State is considered liable or which involve an apportionment of liability as between the State and the claimant, I am informed that both the Chief State Solicitor’s Office and the State Claims Agency’s approach is to settle such cases expeditiously in so far as it is possible to do so on reasonable terms. In cases where liability is fully disputed by the State, all necessary resources are applied to defending such claims robustly.
I should also point out that many of the factors that determine the amount or timing of legal costs that fall for payment lie outside of the control of the Department. These include the timing of court hearings, the progress of cases, and the number, value and timing of awards and settlements.