Most legal claims against the Christian Brothers are settled within a year without requiring a court appearance, according to a statement released by the congregation on Wednesday. The Catholic body responded to recent commentary by emphasizing its focus on timely resolutions, noting that it has provided more than €40 million, including legal fees, to upwards of 200 claimants.
The congregation’s approach involves offering mediation upon acknowledging a claim, a path that the organisation states the vast majority of claimants and their legal representatives choose. However, this strategy sits alongside a more contentious legal battle unfolding in the High Court regarding a claim brought by a man alleging sexual abuse by former brother Liam Coughlan.
High Court Case Involves Publishing Names of 341 Former Members
The legal dispute stems from allegations that the claimant suffered sexual abuse inflicted by Coughlan during the 1970s while attending the CBS school on Stephen Street in Kilkenny. Because the Christian Brothers operate as an unincorporated body, litigants must technically sue all relevant members unless the congregation nominates a representative to act on its behalf.
Following the congregation’s refusal to select a nominee, the High Court permitted the plaintiff to publish the names of 341 former Christian Brothers in a national newspaper. This step was taken to notify them that they are being joined as defendants in the lawsuit. The men listed on the publication were members between September 1974 and December 1979, and the source notes they are not alleged to have any personal connection to the sexual assault.
Coughlan, now 90 years old, was jailed in 2023 for sexually assaulting the plaintiff and 23 other former pupils during the 1970s. He faced further conviction following a jury trial at Portlaoise Circuit Criminal Court for the sexual assault of nine former pupils at the CBS primary school on Patrick Street in Portarlington, County Offaly, during the 1980s.
Legal Fees and Perspectives on Litigation
In its Wednesday statement, the organisation argued that protracted litigation offers very little benefit to claimants and yields compensation similar to what could be achieved through earlier settlements. The congregation claimed that legal fees in drawn-out court battles typically run four times higher than the compensation received by victims, with one recent case seeing legal fees reach 19 times the payout.
Philip Treacy of Coleman Legal, the firm representing the plaintiff, defended the decision to run a newspaper notice as a necessary action. Speaking on RTÉ’s Morning Ireland earlier in the week, Treacy called on the Government to address what he described as a legal loophole allowing unincorporated bodies to refuse representation, suggesting that politicians must amend the law to prevent similar strategies in the future.
Did You Know? The Christian Brothers have provided more than €40 million, inclusive of legal fees, to upwards of 200 claimants since the congregation began addressing historical abuse claims.
Frequently Asked Questions
How long do most claims against the Christian Brothers take to resolve?
According to the congregation, most claims are settled within a year without the stress of a court appearance.
Why were the names of 341 former Christian Brothers published in a national newspaper?
The High Court permitted the publication after the congregation refused to nominate a representative for the unincorporated body, forcing the plaintiff to notify individual members that they are being joined as defendants.
What legal actions has Liam Coughlan faced?
Coughlan was jailed in 2023 for sexually assaulting 24 former pupils in the 1970s and was later convicted following a jury trial for assaulting nine former pupils in the 1980s.
What steps should policymakers take to address legal loopholes involving unincorporated bodies in civil litigation?
Worth a look