Mr. Ciarán Breen:

The Deputy is right. Both sides would take their nursing and care experts, for example, and would then ask the actuaries to make an actuarial assessment as to the cost per hour and the future cost, assuming a life expectancy of whatever might be established. The difficulty arises that one can be absolutely sure that a plaintiff will never understate their case and will never look for less than the maximum they can possibly get. Our process is not to give plaintiffs the minimum they can get but to give them what they should get, in other words, adequate compensation. Therein lies the difference. The plaintiff will characterise their case as having a value of, for example, €26 million. I am thinking of one particular case where we settled it for €13 million after two days of trial. I think that proves the point I am making. People say we are being oppressive but if that is the case, are we to pay the €26 million or the €13 million, knowing that €13 million is the appropriate sum which will pay for care for that plaintiff for the remainder of his or her life?