Because congregation has failed to appoint nominee, legal papers in historic abuse cases are sent to all remaining brothers from the time, causing huge stress
In the High Court on Friday Mr Justice Tony O’Connor said one of his reasons for ordering the new provincial leader of the Christian Brothers, David Gibson, to appear before him, was to offer him an opportunity to address the fact that summonses would have to be served on more than 100 elderly brothers because of the position being adopted the congregation.
Mr O’Farrell, who received his settlement before the congregation’s new strategy came into being, discussed the consequences of the legal strategy with Bro Gibson in August 2022 and subsequently sent an email to him referring to their meeting. He referred to a case where, because Bro Garvey had refused to voluntarily provide a list of all surviving brothers who had to be separately sued, the plaintiff had to get an order instructing the congregation to provide it. After the list was provided, 162 elderly brothers were added to the case as defendants.
The first named defendant, who is not being named for legal reasons, has been convicted in the criminal courts of the offence for which compensation is being sought.
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