ESB, in consultation with its legal advisors, has decided to appeal the recent judgment of the High Court in the case taken against ESB by UCC.
'ESB is firmly of the view that following the heavy rains in November 2009, the actions of its staff in the management of the Lee dams protected Cork from the worst of the flooding,' a statement, just issued, says.
Commenting on the decision to appeal, ESB chief executive Pat O’Doherty said: ‘While we acknowledge that the case involved many complex technical and legal issues, we are disappointed with the judgment. ESB fully defended this case because we believed and continue to believe that our operation of the dams complies with best international practice and with our statutory duties. Over their history, the Lee dams have greatly reduced the impact of severe floods on Cork city and it was established in Court and accepted by all that this was also the case during the 2009 flooding. The ESB staff on the night worked tirelessly to protect Cork from the worst impact of the flooding. Regrettably, despite the best efforts of our staff, the unprecedented volume of rainfall in the Lee catchment resulted in flooding downstream.’