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State Claims Agency

Dáil Éireann Debate, Tuesday - 19 July 2016

Tuesday, 19 July 2016

Questions (158)

Michael McGrath

Question:

158. Deputy Michael McGrath asked the Minister for Finance the amount the State Claims Agency paid in legal costs to solicitors representing it and acting for plaintiffs in 2013 to 2015; the top ten payments made to named legal firms representing it and representing plaintiffs in 2015; and if he will make a statement on the matter. [21921/16]

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Written answers

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.

Question No. 159 answered with Question No. 157.
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