As the Deputy will be aware, the NTMA is designated as the State Claims Agency (SCA) when performing the claims management and risk management functions designated to it under the National Treasury Management Acts.
In answer to the Deputy's question I refer to the material provided by the State Claims Agency and which is outlined as follows. The material provided by the State Claims Agency covers the legal costs paid during the period 2013 to 2015, and the top ten payments to legal firms during 2015.
The Deputy should note the following in respect of the material:
- All figures are based on payments made within a transactional year.
- All figures are inclusive of VAT.
- Figures are correct as of 14/07/2016.
1. Amount the State Claims Agency paid in legal costs to solicitors representing SCA in 2013 to 2015
- Figures included in table 1 relate to Agency solicitors' fees paid in transaction years 2013, 2014, 2015.
Table 1.
Year
|
Agency solicitor costs - (€)
|
2013
|
12,271,052
|
2014
|
12,606,736
|
2015
|
13,556,519
|
Total
|
38,434,308
|
* Attention is drawn to the fact that the SCA amended its reporting methodology, at end of Q1 2016, to now recognise transactions on payment date as opposed to transaction date. This adjustment relates to 2014/15 figures only.
2.
Amount the State Claims Agency paid in legal costs to solicitors acting for plaintiffs in 2013 to 2015
- The level of legal costs paid to plaintiffs' legal representatives is carefully reviewed and, wherever possible and by means of negotiations, the SCA seeks to achieve the maximum possible reduction in legal costs. If the SCA cannot successfully agree the level of legal costs to be paid to plaintiffs' legal representatives, the matter is determined by a Taxing Master.
- Plaintiff legal costs relate to the payment made to the Plaintiff's legal team i.e. Solicitors and Counsel and are also inclusive of expert fees which are discharged by the Plaintiff's solicitor. These expert fees may relate to actuarial, engineering, medical, witness fees etc.
- Figures included in table 2 below include Plaintiff legal costs paid by the SCA in 2013, 2014, 2015.
Table 2
Year
|
Plaintiff legal costs - (€)
|
2013
|
24,314,354
|
2014
|
29,753,531
|
2015
|
32,817,357
|
Total
|
86,885,242
|
* Attention is drawn to the fact that the SCA amended its reporting methodology, at end of Q1 2016, to now recognise transactions on payment date as opposed to transaction date. This adjustment relates to 2014/15 figures only.
3.
Top ten payments made to named legal firms representing SCA in 2015
- A number of solicitors act on behalf of the agency in defence of clinical negligence and general negligence cases.
- Figures included in table 3 below relate to the top 10 total amounts paid to Agency solicitors acting on behalf of the SCA in 2015.
- The figures shown are the total amount of all transactions paid to each solicitor firm within the transactional year.
Table 3
Top 10 payments to Agency solicitors in 2015
|
|
Solicitor
|
Total Paid - (€)
|
Hayes Solicitors
|
€2,520,016
|
Mason Hayes & Curran
|
€1,744,681
|
Ronan Daly Jermyn
|
€1,740,037
|
A&L Goodbody
|
€1,500,751
|
Comyn Kelleher Tobin
|
€1,348,424
|
Arthur Cox
|
€1,201,533
|
Doyle Solicitors
|
€1,170,375
|
DAC Beachroft
|
€522,652
|
Good & Murray Smith
|
€343,989
|
Harrison O'Dowd
|
€296,385
|
* Attention is drawn to the fact that the SCA amended its reporting methodology, at end of Q1 2016, to now recognise transactions on payment date as opposed to transaction date. This adjustment relates to 2014/15 figures only.
4.
Top ten payments made to named legal firms representing plaintiffs in 2015
- Plaintiff legal costs relate to the payment made to the Plaintiff's legal team i.e. Solicitors and Counsel and are also inclusive of expert fees which are discharged by the Plaintiff's solicitor. These expert fees may relate to actuarial, engineering, medical, witness fees etc.
- Figures included in table 4 below relate to Plaintiff legal costs and it highlights the top 10 total amounts paid to plaintiff legal firms by the SCA in 2015.
- The figures shown are the total amount of all transactions paid to each legal firm within the transactional year.
Table 4
Top 10 total payments to plaintiff legal firms in 2015
|
|
Legal firm
|
Total Paid - (€)
|
Augustus Cullen Law
|
€4,861,166
|
Callan Tansey Solicitors
|
€2,058,555
|
Ernest J. Cantillon Solicitors
|
€1,825,625
|
Joseph S. Cuddigan & Company Solicitors
|
€850,497
|
M. M. Halley & Son Solicitors
|
€829,583
|
Cian O'Carroll Solicitors
|
€773,767
|
F.H. O'Reilly & Co. Solicitors
|
€694,604
|
McCarthy & McCarthy
|
€576,994
|
O'Shea, White & Co.
|
€515,663
|
Lavelle Solicitors
|
€506,206
|
* Attention is drawn to the fact that the SCA amended its reporting methodology, at end of Q1 2016, to now recognise transactions on payment date as opposed to transaction date. This adjustment relates to 2014/15 figures only.