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A legal ruling this week means hundreds of former brothers now find themselves about to be publicly named regarding legal claims for damages for child sex abuse crimes they had no knowledge of.
The congregation has not said why it has adopted its highly obstructive strategy, but one of the State’s most senior judges expressed the belief last week it was intended to protect the congregation’s assets – which remain considerable.
Lawyers representing claimants have long believed that the congregation is making it so time-consuming, difficult and expensive to take a case for damages in the hope that claimants will be inclined to settle for lower amounts, while those considering making claims will be put off doing so.
One of the State’s most senior judges, the president of the Circuit Court, Keenan Johnson, said the Christian Brothers had adopted their obstructive strategy in order to protect their assets.
The congregation is an unincorporated association, as are most religious organisations. This means there is no incorporated entity that can be taken to court and sued.
Most religious orders put forward a nominee for the purposes of litigation but the Christian Brothers, for the past number of years, have chosen not to do so.
When delivering sentence in a criminal case last week involving a former Christian Brother, Johnson referred to the approach being adopted by the congregation in civil cases.
‘A monumental task’
“That approach has the effect of frustrating the claims of victims, as proceedings have to be served on each individual member and former member of the congregation, which is a monumental task that appears to have been adopted to protect the assets of the congregation and wear down claimants through attrition,” he said.
He made the remarks while sentencing Liam Coughlan (90), who was already serving time in jail for child sex abuse in a Kilkenny school, to a further five years for the sexual abuse of nine primary school pupils in Portarlington in the 1980s.
The congregation’s approach in the civil courts “strikes me as morally bankrupt and grossly unfair not only to victims but also to the many, many brothers who are totally innocent and blameless of any wrongdoing”, Johnson said.
“I merely mention it because it is so unfair to victims and, in this case, the court has nine victims to consider.”
Judge Mary Rose Gearty, in the High Court, made an order this week that will allow a claimant seeking damages for being sexually abused by Coughlan in a primary school in Kilkenny in the 1970s to progress his case by way of what is called substitute service. Other claimants are now likely to be granted similar orders.
Normally, a summons must be served directly on a defendant in a civil claim. In the case before Gearty, the judge has ruled that instead of having to track down 341 former brothers who were members of the congregation at the time the claimant was sexually assaulted by Coughlan, the man’s law firm, Coleman Legal, can instead put a notice in a national newspaper listing all the men’s names.
The notice will also include details of the case and a warning that, if the men do not put in an appearance within a stated time, judgment may be given against them in default of appearance.
The notice is expected to be published next week.
Former members of the Christian Brothers who are still alive will suffer the stress of being publicly named in connection with a child sex abuse case with which they have otherwise no connection.
They also face the worry that they may have damages awarded against them.
It means the claimant’s name will be published, something that might not otherwise occur because the case involves child sex abuse.
Under the Civil Liability Act, in cases where an unincorporated association is being sued, its members at the time of the material event can each be held liable for damages.
Although it is not likely that any former member of the Christian Brothers will end up having to pay out for crimes committed by others in the congregation, it is a legal possibility and, therefore, presumably a source of stress for the men involved.
Court files indicate there have been 50 or more sets of legal proceedings lodged in the High Court against the congregation in recent years involving claims of historical child sex abuse.
The head of the congregation in Ireland, Br David Gibson, despite opting not to put himself forward as a nominee for the purposes of litigation, has in the past put himself forward as the congregation’s nominee for the purposes of mediation talks. However, to date, this has been a rare occurrence.
Settlements agreed against that backdrop are settled out of the congregation’s finances.
According to the Charities Regulator, the Congregation of Christian Brothers European Province-Republic of Ireland had net assets of €44 million at the end of 2024.
Gibson’s next move will be watched with great interest by a significant number of people.