Christian Brothers agree to enter mediation in protracted historical child abuse case

The congregation of the Christian Brothers has “effectively” agreed to enter into mediation with a victim of historical child sex abuse, the High Court was told on Tuesday.

In a major development in a case where the congregation has, up to now, been refusing to put forward a nominee to represent it for the purposes of the litigation, mediation is set to begin with Frank Buttimer Solicitors acting for the current head of the congregation, Bro David Gibson, as well as 104 other members.

John Gordon SC, for Ken Grace, who is seeking damages for the abuse he suffered while a secondary student in Westland Row CBS in Dublin, told Mr Justice Tony O’Connor of the breakthrough when he sat to hear the latest application in a case that has been beset by procedural complexities.

Mr Gordon said that, during September, Bro Gibson and his predecessor, Bro Edmund Garvey - two of only three brothers who have entered an appearance in the case and instructed solicitors - filed defences which mean that the only issue left to to dealt with is “assessment”.

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This means the brothers are not contesting the claim that they and other brothers alive during the period in the 1980s when Mr Grace was abused should be held vicariously liable. Mr Grace is seeking general damages, special damages and exemplary damages in proceedings that were lodged in 2019. He was abused by Bro Paul Hendrick, who was jailed earlier this year for the crimes.

The Christian Brothers is an unincorporated entity, which means that a plaintiff has to sue all the members alive at the time of an event if the entity does not choose to nominate someone to be sued on its behalf.

Most religious congregations select a nominee for the purposes of dealing with historical child abuse cases, but the Christian Brothers has chosen not to. It has taken a similar position in a number of other cases before the High Court.

Mr Grace, who is being represented by Coleman Legal, has now secured judgments in default of appearance against 91 brothers and “unless orders” against another 11 who have been told to enter an appearance by early November. A further 14 brothers who were cited in the case have since died.

Mr Gordon told Mr Justice O’Connor that a letter had been received from Buttimer Solicitors during September saying it had been instructed that it could enter into mediation on behalf of all those brothers against whom judgments in default had been secured, as well as brothers Gibson and Garvey.

He was “very pleased” with the letter, he said, which meant they would be going into mediation “effectively with the order”.

Mr Justice O’Connor, who said he wanted to have the case heard as soon as possible, given the delays to date, set a date of November 29th for the trial, should the mediation not prove successful.

Colm Condon SC, for brothers Gibson and Garvey, said they had no objection to Mr Justice O’Connor hearing the case if it goes ahead.

Donough Molloy, of Sheehan Solicitors, for Bro Hendrick, said his client would not be entering a defence and was happy to be bound by the outcome of the mediation process and did not need to be represented at it.