A doctor has asked the High Court to find that he is entitled to be indemnified by the Medical Defence Union in relation to a number of civil claims by former patients seeking damages for alleged sexual and indecent assault.
Dr John White SC, for Dr James Barry, of Lauriston Lodge, Glanmire, Cork, who is in his late 70s, said his client was contending that for more than 30 years he purchased professional indemnity insurance from the London-based Medical Defence Union (MDU) and was covered by this insurance against claims.
However, Dr White said, the MDU was claiming that Dr Barry had not bought such cover, and it was not in the business of providing professional indemnity insurance.
The MDU contended that all Dr Barry was entitled to was the right to have a claim for indemnity considered.
It was also claiming it had absolute discretion to allow or refuse indemnity in whole or in part.
Dr White said in making that decision the MDU was arguing it was not even obliged to comply with the rules of natural and constitutional justice.
He said the union was making the case that the court should close its eyes to the promises it had made to generations of doctors as to the benefits they would receive if they joined the MDU.
Since 1963 until his retirement in 1995, Dr Barry had purchased professional indemnity insurance from the defendants and returned his annual subscription, Dr White said. The MDU admitted his client was a member but not during the period alleged.
Criminal prosecutions against Dr Barry initiated in April 1996, concerning allegations by former patients going back to the l960s, are the subject of judicial review proceedings.
The case resumes before Miss Justice Carroll today.