18% fall in claims against Dublin council

The number of new compensation cases taken against Dublin City Council is down 18 per cent for the first half of this year, while…

The number of new compensation cases taken against Dublin City Council is down 18 per cent for the first half of this year, while the amount paid out in claims has dropped almost 40 per cent, it has emerged.

The trend is not just confined to Dublin, with Limerick city, which had one of Ireland's largest compensation bills, recording a 10 per cent drop in new claims so far this year. The number of new claims reached a 10-year low in 2002.

Robust legal tactics and improved maintenance of roads and footpaths are combining to win the war on spurious compensation cases, Dublin City Council's claims manager has told The Irish Times.

Mr Tony O'Shaughnessy said the reduction in the number of new cases and payouts is a reflection that the message is getting through that the council is no longer a soft touch for litigants.

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Payouts totalled €3.4 million between January and June, compared with just over €5 million in the same period last year. Average settlements fell from €12,450 to €8,038.

Mr O'Shaughnessy credited "changing attitudes" on the part of everybody from judges to the general public for the fall in the compensation bill.

He said the council was much more likely than before to fight cases.

But he also attributed the savings to increased vigilance by his staff, with 10 full-time claims investigators tipping off the council about potential hazards they identify on their rounds, and two dedicated "repair gangs" following up with emergency work.

Mr O'Shaughnessy now wants the council to establish a public hotline for citizens to report hazards before they become the focus of claims.

The line would be part of a new call centre being planned to centralise access to the council's services, he said.

Dublin's success is not unique. In Limerick city, which has had one of Ireland's largest compensation bills, the number of new claims reached a 10-year low in 2002, and is down a further 10 per cent so far this year.

Limerick has a different method from Dublin for averaging claim settlements, but again the trend is sharply downwards.

The average payout per injury (not including legal fees and other costs) was €15,567 in 2002, but is currently running at €12,700.

A council official involved in claims investigation said the downward trend in case numbers had a number of causes, but added that the "relentless" pursuit of legal costs from unsuccessful litigants was an important factor.

Aggressive tactics have not always been a success. Last week, Tralee County Council suspended its policy of "naming and shaming" those who sued it by publishing the names and addresses of litigants and their solicitors.

It is understood that defamation proceedings have been instituted by some of those named. The council said it was seeking legal advice on the issue.

Frank McNally

Frank McNally

Frank McNally is an Irish Times journalist and chief writer of An Irish Diary