Carmelites criticised over hearing date objection in Terenure College abuse claim in Ireland

The Terenure College abuse case

The Carmelite Order and Terenure College’s board of management have been criticised in the Irish High Court for opposing the fixing of hearing dates in civil proceedings brought by three former pupils of Terenure College in Dublin. 

The proceedings arise from the abuse of former pupils by John McClean, a retired teacher at the school who was convicted of sexually abusing 49 boys during his time there in the 1970s and 1980s. 

Judge Tony O’Connor adjourned the matters after the Carmelites’ objection, with the cases now expected to be listed for trial in October 2026. 

Counsel for the plaintiffs described the last-minute objection as ‘unconscionable’ and ‘unfair,’ noting that the cases had been in progress for 2 years without the defendants conducting the required medical assessments. 

Coleman Legal LLP acts for survivors of institutional and historical abuse in civil proceedings before the Irish courts, with Philip Treacy, Diane Treanor, and Patrick Coleman each having experience in this practice area.

John McClean, aged 81, is a former teacher at Terenure College in Dublin, a school operated by the Carmelite Order. He was convicted of sexually abusing 49 boys during his time at the school. 

Three former pupils are pursuing civil proceedings arising from that abuse. 

Their claims are brought not only against McClean personally but also against the Carmelite Order and the board of management of Terenure College. 

Counsel for the plaintiffs described the nature of the abuse as being of the most significant and substantial type, carried out over a sustained period.

The hearing before Judge Tony O’Connor in May 2026 arose because the Carmelites and the school sought to prevent the listing of the cases for hearing in June 2026. 

Their stated reasons included the need for medical assessments of the plaintiffs and the requirement for additional document discovery. 

Plaintiffs’ counsel challenged those reasons, pointing out that the cases had been ongoing for approximately 2 years without the defendants having undertaken the assessments they were now citing as grounds for delay. 

The court was also informed that the defendants wished to examine the substantial lost-earnings claims advanced by the plaintiffs.

Judge Tony O’Connor adjourned the matters to the following month.

Civil claims and criminal convictions

The Terenure College proceedings illustrate a pattern that has become increasingly common in Irish institutional abuse litigation: civil proceedings being brought by survivors whose abuser has already faced criminal accountability. 

In Ireland, civil and criminal proceedings operate entirely independently of one another under separate legal frameworks. 

A criminal conviction does not resolve, substitute for, or preclude a civil claim for damages.

Civil proceedings for abuse are governed by the Civil Liability Act 1961, which provides the statutory framework for tortious liability in Ireland. 

Where a defendant, such as a religious order or school, is joined, the legal basis for the claim against the institution is typically vicarious liability: the principle under which an organisation can be held responsible for wrongful acts committed by its members or employees in circumstances sufficiently connected to their roles.

Irish courts have addressed vicarious liability in a range of institutional abuse contexts, and the applicable principles are well established through case law.

Civil proceedings also provide for a wider range of damages than the criminal courts award. 

Where an abuse survivor has suffered financial loss as a result of the abuse, including loss of earnings over a career, that loss is a recoverable head of damage in civil proceedings. 

The substantial lost-earnings claims in the Terenure proceedings reflect this aspect of civil litigation, which is distinct from anything criminal proceedings address.

Court management of the delay in the Terenure College abuse claim proceedings

The High Court’s response to the Carmelites’ objection in the Terenure College proceedings is significant for survivors of institutional abuse who are engaged in civil litigation. 

Irish courts have wide case management powers and have consistently shown a willingness to scrutinise attempts by defendants to delay proceedings, particularly in cases where the plaintiff has already waited many years before bringing a claim.

Plaintiffs’ counsel in the Terenure proceedings characterised the last-minute objection to hearing dates as ‘unconscionable’ given that the cases had been progressing for two years without the defendants conducting the assessments they cited as a reason for further delay. 

This criticism reflects a broader concern in Irish abuse litigation that procedural mechanisms can be used by institutional defendants to postpone hearings and extend the period of uncertainty for survivors who have already endured significant harm.

Survivors pursuing civil claims in Ireland can take some comfort in the fact that Irish courts treat delay caused by defendants as a matter to be actively managed rather than indefinitely accommodated. 

Where a defendant seeks to adjourn a hearing without adequate justification, the court will scrutinise that application carefully and, in appropriate cases, will refuse it or impose conditions. 

In the Terenure proceedings, the court directed the cases towards specific trial windows rather than leaving the listing open-ended.

How Coleman Legal can help with a Terenure College abuse claim

Coleman Legal LLP is a litigation practice based in Dublin 1, Ireland, acting for survivors of institutional and historical abuse in civil proceedings before the Irish courts. 

Our sexual abuse team comprises Philip Treacy, Diane Treanor, and Patrick Coleman, each of whom has experience representing clients in cases involving religious institutions, schools, and other organisations.

The team has acted in cases where the defendant is a religious congregation, where the abuser has a criminal conviction, and where proceedings have required active case management to counter delay by institutional defendants.

If you or a family member has been affected by abuse at Terenure College or any other institution in Ireland and wishes to understand the legal options available, our team can advise you in confidence on the applicable framework and the steps involved in bringing a civil claim. 

We will explain the funding arrangements for your case at your initial consultation. Contact Coleman Legal on 1800-844-104.

Frequently Asked Questions

In Ireland, can civil proceedings be brought against an abuser who has already been convicted in the criminal courts?

In Ireland, civil proceedings for abuse can be brought regardless of whether a criminal conviction has been obtained against the abuser, and regardless of whether criminal proceedings are pending, ongoing, or concluded. 

The civil and criminal justice systems operate under entirely separate legal frameworks. 

A criminal conviction establishes guilt beyond a reasonable doubt in the criminal process; it does not determine the amount of civil damages owed to a survivor, nor does it extinguish the survivor’s right to bring a civil claim under the Civil Liability Act 1961. 

Civil proceedings allow the court to assess the full extent of the survivor’s losses, including psychological harm and financial loss, and to award damages that reflect those losses. 

The existence of a conviction may be relevant evidence in civil proceedings, but the civil court makes its own independent findings on the extent of the harm and the appropriate award.

What happens in Ireland when a defendant in an abuse case seeks to delay or obstruct civil proceedings?

In Ireland, the courts have extensive case management powers and apply them actively in abuse litigation to prevent delay that would unfairly prejudice survivors. 

Where a defendant seeks to adjourn a hearing, the court will examine the grounds for that application carefully. 

If the reasons advanced for delay are found to be inadequate, particularly where the defendant has had ample time during the proceedings to take the steps it is citing as a reason for postponement, the court may refuse the application or direct the case to a specific hearing window. 

In the Terenure College proceedings before Judge Tony O’Connor in May 2026, plaintiffs’ counsel challenged the Carmelites’ objection to June hearing dates, noting that medical assessments had not been conducted in two years of proceedings. 

The court directed the cases towards the October 2026 jury sessions. Survivors involved in civil abuse proceedings in Ireland should be aware that their solicitor can make representations to the court where defendants are seeking to use procedural steps to delay the hearing of a claim.

Can lost earnings be claimed as part of a Terenure College abuse claim or any civil abuse action in Ireland?

In Ireland, civil proceedings for abuse may include a claim for lost earnings as a distinct head of damage where the survivor can establish that the abuse caused or contributed to a loss of earning capacity or actual financial loss over their working life. 

This type of claim requires expert evidence, typically from a vocational assessor and an actuary, to quantify the loss. 

Lost earnings claims are separate from the general damages claim for pain and suffering, psychological harm, and loss of enjoyment of life. 

A solicitor will advise on which heads of damage are available based on the specific facts of the case.