Claims against Clare County Council double from 2020 to 2021

THE COST of public liability claims against Clare County Council more than doubled last year, according to figures released to a West Clare member.

Councillor PJ Kelly sought detailed information about public liability claims against the local authority over the years 2020 and 2021, ahead of the Council’s July meeting.

In a written response, the Lissycasey man was told that 159 claims were settled over the last two years, with payments made in 127 cases. The cost of claims settled came to just under half a million Euro in 2020, while in 2021, the figure was €1,009,173.

According to the Council’s data, the average award over the past two years was €9,485. The average for 2021 was €14,213.

The largest category of claim related to “footpath slips/trips”, the response said.

The Council stressed that their insurers “contest every claim through the various stages” and noted that 32 claims were settled over the last two years, with zero financial payment.

Those were the lowest awards, but the Council declined to respond to Councillor Kelly’s query on the largest pay-out.

In its response, the authority said it had been advised “that award amounts should not be reported as it may breach GDPR regulations, and the Council could be exposed to a further claim for breach of confidentiality and a potential sanction under GDPR”.

Councillor Kelly was told that the Council’s public liability premium was just over €1.7 million in 2020 and just over €1.4 million last year.

He was told there was no separate legal cost in relation to processing public liability claims.

The Fianna Fáil member thanked the Council for its reply. He expressed disappointment that not all of his questions were answered, but said he understood why.

“In the past, the term ‘No foal, no fee’ was reserved for the equestrian world,” Councillor Kelly said.

“In more recent times, the legal industry has taken over the term. If you lose, you don’t pay us. If we win, we deduct so much.

“In some cases, an awful lot of smaller claims are going uncontested where the community and voluntary sector are concerned. People who have no business are using facilities and taking claims against insurers.

“In some cases, they don’t even notify the community owners of property. It is about time that this whole procedure was brought to an end.”