Doubt over settlement deal for claimants suing Michael Shine

Test civil action out of more than 100 cases has been given priority to go ahead in the High Court next month

Michael Shine pictured in 2017. He was jailed for four years in 2019 for indecently assaulting seven boys in his care over a period of three decades. File picture: Collins Courts

A settlement deal for those suing convicted child molester and former consultant doctor Michael Shine has been plunged further into doubt.

A test civil action out of more than 100 cases alleging abuse against the disgraced Shine has now been given priority to go ahead in the High Court next month as the sides dispute whether a settlement has been reached.

John Gordon, for the claimants in the civil actions against 89-year-old Shine, told the High Court today the first test case will include a claim for aggravated damages linked to the latest developments.

Ms Justice Leonie Reynolds, who set down the test case with priority to start on December 16, was told it will take two to four weeks.

The judge said it was in nobody’s interest to further drag out the litigation. At one stage, she noted the claimants in the 100-plus cases are elderly and some are in ill health.

In early October, a settlement was announced between the Medical Missionaries of Mary and those claiming abuse by Shine, who was employed by Our Lady of Lourdes Hospital, which was at one time owned by the order. The announcement appeared to mark the end of an eight-year battle for compensation.

However, counsel for the religious order, which operated the Drogheda hospital until 1997, reiterated to the court today the cases over allegations dating between 1964 and 1995 are not settled.

Marcus Dowling, for the order, said the matter is not settled.

The settlement row touches on an indemnity agreement involving the order and under which the HSE says it is entitled to be fully indemnified in relation to costs and expenses.

In the High Court today, Mr Gordon said  the HSE, which had all proceedings against it struck out at different times between 2019 and March 2020, set out its position in relation to the costs issue in a letter.

The HSE position, according to the letter, is that it sought reimbursement from the order of costs and expenses it incurred in relation to the cases, said Mr Gordon.

It said the exercise by the HSE of its entitlements “does not in any way preclude“ the plaintiffs and the order from resolving the plaintiffs’ claims.

Shine was jailed for four years in 2019 for indecently assaulting seven boys in his care over a period of three decades.