David Cullinane (Waterford, Sinn Fein) | Oireachtas source

I am not trying to put words in Mr. Watt's mouth. We are in agreement that, at the time, there were those with medical card entitlements who had an option of public nursing home places if they could find any and, if they could not, private nursing home places. However, some people had no choice but to go into private nursing homes and to be supported by the health boards because there were not enough public nursing homes. They then had no entitlement under the compensation scheme, given the legal defence set out in the memo.

Puzzlingly, the memo also stated: "The strategy is that in general, these proceedings should be fully defended and that a strong case should be identified which can then be fought as a test case." Is it not correct to say that, ultimately, no test case went to court?