Cork floods ruling: Victims advised to act quickly

Victims of the 2009 Cork flood who are considering legal action in the wake of a landmark ruling against the ESB have been advised to move quickly ahead of a November deadline.

“There is a six-year statute of limitations on bringing claims for compensation arising out of flooding incidents such as this,” said Sinéad Carroll of Ernest J Cantillons Solicitors.

“The flooding in Cork took place on November 19, 2009, which means the time expires next month.

“For those people affected by the flooding, who have not already started legal proceedings, they should seek legal advice immediately to ensure that they are not barred from bringing proceedings against the appropriate entity.”

#ESB faces ‘hundreds’ of claims over #Cork floods, via @noelbaker1, @JoeLeogue, @EoinBearla http://t.co/tANHK0zxcc pic.twitter.com/tRFy6j1KYn

— Irish Examiner (@irishexaminer) October 6, 2015

She issued the advice after the Commercial Court’s ruling on Monday that the ESB was 60% liable for damage caused to University College Cork’s campus during the flood.

The court also ruled UCC was 40% liable after a finding of contributory negligence on its part.

Meanwhile, Cork-based Commercial Mediators called last night on the ESB and solicitors representing property owners to consider mediation.

This could be done at a fraction of the cost of litigation, said Commercial Mediators secretary and accredited mediator Bill Holohan.

With the issue of liability now largely determined, he said other affected property owners pursuing claims, in particular homeowners and small businesses, could mediate claims in a matter of weeks rather than pursuing expensive litigation for years to come.

#Cork Floods: Both sides guilty of wrongdoing, says judge http://t.co/DVxHtURbQn (GM) pic.twitter.com/wb4S7fxDSc

— Irish Examiner (@irishexaminer) October 6, 2015

“At this stage, the advantages of mediation over litigation are well known. Disputes can be resolved in a matter of weeks rather than years,” he said.

“The focus in mediation is on workable solutions for the future resolution of the issues, not simply focusing on blame for what happened in the past. The entire mediation process would cost less than a fraction of one day in court.”