Cork floods: High Court awards costs, less 40%, to UCC after action against ESB

The High Court has awarded costs, minus a 40%, in favour of UCC following a legal action against the ESB that lasted more than 100 days.

The University took the electricity provider to court after suffering millions of euro worth of damages to its campus, during the severe floods of 2009.

Thirty acres of UCC’s campus were submerged during the floods of November 2009. Twenty-nine buildings as well as student accommodation blocks and a sports complex were also damaged.

The University sued the ESB claiming the way it handled the release of water from its dams on the River Lee led to a significant amount of additional flooding that could have been avoided.

Counsel for the ESB claimed UCC was also to blame, and Mr Justice Max Barrett agreed. He held the ESB 60% liable and decided the University’s failure to act on previous notices of risk to buildings on the floodplain made them 40% liable.

The case lasted 104 days and the legal bill is likely to run into millions of euro. Today, Mr Justice Barrett awarded costs, minus 40%, in favour of UCC, but the ESB was granted a stay on paying up, pending a possible appeal.

A hearing on damages will be heard at a later date.