Written answers
Tuesday, 19 May 2015
Department of Finance
State Claims Agency
Dominic Hannigan (Meath East, Labour)
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132. To ask the Minister for Finance if it is the policy of the State Claims Agency to appeal every decision of the High Court which is awarded against the State; and if he will make a statement on the matter. [19568/15]
Michael Noonan (Limerick City, Fine Gael)
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It is not the policy of the State Claims Agency (SCA) to appeal every decision of the High Court which is awarded against the State. The SCA, together with its lawyers, carefully considers the facts of any individual case, having regard to its particular liability and causation issues, prior to deciding on the merits of an Appeal, if any, to the Court of Appeal or Supreme Court.
It is a relatively rare event for the SCA to appeal decisions of the High Court to the Court of Appeal, or the Supreme Court. To put the matter in context, the SCA, in the 13 years since its inception, has taken two cases on Appeal from the High Court to the Supreme Court. These cases were non-HSE cases and were appealed successfully by the State Claims Agency.
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