Christian Brothers says its focus is on settling claims ‘in a timely manner’ without litigation

THE CHRISTIAN BROTHERS has said that its “focus” is on settling abuse claims in a “timely manner” and without the “stress and delays of litigation”.

In a statement today, the Christian Brothers said that in addition to contributions to Redress and Statutory Funds, it has provided compensation of over €40 million, including legal fees to over 200 claimants, and provided counselling for the survivors of abuse.

It added that its “typical approach” is to acknowledge a claim with an offer of mediation and that at present, a majority of claims are settled within 12 months “without the stress of a court appearance”.

The Christian Brothers said that “claimants are listened to in a non-adversarial setting and their claims are settled in a timely manner” and that the “vast majority of claimants and their legal representatives are opting for non-adversarial resolution of claims”.

The Christian Brothers added that it was issuing the statement in light of “recent commentary”.

The names of 341 former Christian Brothers were published in the Irish Independent on Tuesday following an order from the High Court in relation to an abuse case.

It’s after the High Court last week granted permission for the publication of the names of the former Christian Brothers who are now co-defendants accused of a breach of duty in a civil abuse claim.

The court heard that none of those to be named are accused of abuse, but their names are to be published in the hope that they will come forward.

The civil case was before Ms Justice Mary Rose Gearty on 29 July, brought by a plaintiff who was abused by Christian Brother Liam Coughlan (90) while the victim attended school in Co Kilkenny in the 1970s.

In 2023, Coughlan, of Pine Grove, Tramore, Co Waterford, received two jail terms, of three years and two months and four-and-a-half years, for 49 counts of indecent assault.

As an unincorporated association, the Christian Brothers cannot be sued if it does not provide a ‘nominee’.

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Brother David Gibson, the now-head of the Christian Brothers, has refused to act as a nominee for the congregation, leaving litigants needing to bring legal action against individual members or former members of the order.

The case has been taken by the male survivor of abuse, who cannot be named, against Coughlan as the first named defendant and against Gibson, who is the second named defendant.

The 341 former brothers are accused of a breach of duty towards the plaintiff their time at the congregation, but are not accused of any assaults.

The court had been told that Gibson had provided names and contact information for current brothers but no addresses were available for those who had left the order.

Having granted permission for the publication of the advert, Ms Justice Gearty adjourned the matter to November.

The list of names appeared in the legal notices section of the Irish Independent newspaper and the notice stated that those named are required to enter an appearance to the said summons to the central office of the High Court within six weeks.

“In default of your so doing, the Plaintiff may proceed in the said action above, and judgement may be given against you in your absence,” adds the notice.

In today’s statement, the Christian Brothers said: “Our experience is that protracted litigation has very little, if any, benefit to claimants.”

It added that compensation in “protracted litigation is not materially different to what they would have received via early settlement” and that “legal fees in protracted litigation are typically four times the compensation received by claimants”.

The Christian Brothers also point to one recent case where the claim for legal fees by a law firm was almost 19 times the compensation paid to the claimant.

“Regrettably protracted litigation diverts and depletes resources available for future claims and serves only to enrich the legal firms focussing on protracted litigation,” said the Christian Brothers.

“Our primary focus remains on ensuring just, timely and appropriate settlements for survivors without the stress of litigation, and we invite any past-pupil of our schools who may have experienced.”

-With additional reporting from Paul Neilan