Monaghan malicious injury claims delays
Leonard asked how to expedite outstanding claims, citing delays of up to three years and applicants unable to repair damaged property. Cooney said court time and a judge were available, blaming parties’ readiness or choices; he lacked jurisdiction to direct the local authority or parties to proceed.
asked the Minister for Justice the action he proposes to take to expedite the processing of the large number of malicious injury claims outstanding in County Monaghan.
Comment on this
The question appears to be based on a misconception. Responsibility for the delay in processing these claims to finality rests not with the Circuit Court or its officers but with the applicants who either are not ready to go on with the cases before the court or for their own reasons do not wish to do so at the moment. This is, in fact, substantiated by remarks made by the Circuit Court judge at sittings in Monaghan during the week commencing 19th April last.
Comment on this
Would the Minister agree that when people do not agree to the estimate of the damage, in many cases it is a punishment on them that those cases are not proceeded with? At that court the judge said he was underemployed by working only one hour. There are indications that there have been delays of up to three years. In some instances people wanted to get their property repaired but they were unable to do so.
Comment on this
That is not the fault of the court or the officers of the court. It is a matter for the parties themselves in the case before the court and what the judge said bore that out. He was available and there was court time available but the parties were not bringing their cases before the court.
Comment on this
There are instances where people are eager to have their cases heard but are unable to do so.
Comment on this
They would want to look elsewhere for the cause. The cause is certainly not lack of court time or availability of the judge.
Comment on this
Would the Minister consider making a recommendation to the local authority that the cases be proceeded with?