The High Court has previously criticised the now-head of the Christian Brothers, David Gibson, for an “obstructive” approach towards civil lawsuits alleging abuse. AdvertisementAs an unincorporated association, the Christian Brothers cannot be sued if it does not provide a ‘nominee’. Brother Gibson has refused to act as a nominee for the congregation, leaving litigants needing to bring legal action against individual members or former members of the order. The case has been taken by the male survivor of abuse, who cannot be named, against Coughlan as the first named defendant and against Brother Gibson, who is the second named defendant. The 341 former brothers are accused of a breach of duty towards the plaintiff during their time at the congregation.