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Introduction
A recent High Court case has highlighted the challenges survivors can face when bringing historical abuse claims against religious organisations.
Court Criticises Refusal to Appoint a Representative
During proceedings, Ms Justice Mary Rose Gearty strongly criticised the Christian Brothers’ refusal to nominate a representative to deal with abuse-related litigation, describing the decision as “morally extraordinary”.
Christian Brothers: An Unincorporated Association
The case involved a survivor seeking information that would allow legal proceedings to be served on individuals connected to the religious order. The Christian Brothers are structured as an unincorporated association, meaning they cannot be sued in the same way as a company. Where a representative, or nominee, is appointed, claims can generally proceed more straightforwardly. However, the current leader of the congregation, Brother David Gibson, has declined to act in that role, continuing a position adopted by his predecessor.
Impact on Survivors Seeking Redress
While the judge acknowledged there is no legal requirement to appoint a nominee, she questioned the moral basis for refusing to do so. The court heard that this approach can create significant obstacles for survivors, who may be required to identify and pursue claims against numerous current and former members of the order. This can increase both the complexity and cost of legal proceedings.
The case also highlighted practical difficulties in obtaining information needed to locate former members of the congregation, often requiring additional court applications.
Access to Justice Remains a Key Concern
Although the proceedings did not determine liability, the judge’s comments underline the courts’ growing focus on ensuring that procedural barriers do not unnecessarily hinder survivors seeking access to justice in historical abuse cases.
Related Articles
Commission of Investigation Established into Historical Child Sexual Abuse in Schools
Spiritans to Announce Redress Scheme Details by End of Summer 2025
Survivors of Sexual Abuse at Spiritan Schools Call for Redress Scheme to be Established
Jesuit Order Names 15 Deceased Members Accused of Child Sexual Abuse
Final Report of Scoping Inquiry into Historical Religious Order Sexual Abuse Claims
Scoping Inquiry into Historical Religious Order Sexual Abuse Claims – Update
Further Information
Lavelle Partners are currently acting for a number of clients in relation to historic Child Sexual Abuse cases.
Please contact Avril Scally, Head of our Personal Injury & Medical Negligence Team, in the strictest of confidence, if you would like to discuss a possible case or to pursue a claim for compensation.
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