Christian Brothers' focus on claims 'without litigation'
The head of the Christian Brothers has said that contrary to recent commentary, the focus of the congregation remains "resolutely on settling claims in a timely manner without the stress and delays of litigation".
The head of the Christian Brothers, Br David Gibson, has emphasized that the congregation's primary focus remains on settling claims promptly without the burden of litigation. In a statement, Gibson clarified that the congregation has already contributed over €40 million in compensation, including legal fees, to more than 200 claimants.
He further assured that the majority of notified claims are resolved within a year through mediation, avoiding the stress of court appearances. The congregation employs a non-adversarial approach, ensuring claimants feel heard and their claims are addressed promptly. Gibson also highlighted that pursuing lengthy litigation offers little to no benefit to claimants and is typically more expensive due to increased legal fees.
He noted that some legal fees in protracted cases are significantly higher, with one recent instance seeing fees almost 19 times the compensation paid to the claimant. Gibson expressed regret over how protracted litigation diverts resources from future claims and enriches legal firms. The congregation's stance emphasizes just, timely, and appropriate settlements for survivors without litigation stress.
This perspective comes after the High Court ordered the publication of over 300 former Christian Brothers' names due to the congregation's decision not to appoint a nominee for a child sexual abuse case. The High Court aimed to locate individuals for a claim against Liam Coughlan, a former Christian Brother, who was jailed for abusing boys at CBS primary school in Kilkenny during the 1970s.
The Christian Brothers, being an unincorporated body, cannot be sued directly if no nominee is provided; hence, all relevant members could be pursued. Philip Treacy, representing the claimant, criticized the congregation's handling of the situation, deeming it shocking and avoidable.
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