Court assesses damages in complex childhood abuse case

Background

The Court of Session recently delivered a judgment in a challenging case involving a pursuer who suffered severe abuse during childhood at two different schools, St Mark's and Fort Augustus Abbey. The abuse led to the development of Complex Post-Traumatic Stress Disorder (CPTSD), significantly impacting the pursuer's life and career.

Complex PTSD and Causation

Both parties' experts agreed that the pursuer's CPTSD was multifactorial, with the most significant contributors being the abuse at the two schools. However, the court found it difficult to determine the precise contribution of each period of abuse to the pursuer's condition due to the lack of reliable factual evidence.

Employment Impact

The court faced challenges in assessing the pursuer's potential career trajectory had the abuse not occurred. The experts' opinions diverged significantly, complicating the arithmetical exercise of calculating past and future wage loss. The court ultimately applied the Blamire approach to estimate the damages.

Assessment of Damages

The court awarded a total of £627,000 in damages, including £135,000 for solatium and £350,000 for loss of earnings. The solatium accounted for the pain, affront, and humiliation experienced by the pursuer, as well as the emotional and social consequences thereafter.

Interest and Payments

Interest calculations were complicated by previous payments made by other defenders and the current defender. The court proposed a broad-brush approach to interest, with specific percentages applied to solatium and consequential loss based on the timing of payments.

Conclusion

The court acknowledged the profound impact of the abuse on the pursuer's life, recognising that damages could not fully address the harm suffered. The judgment aimed to provide some measure of justice and closure for the pursuer.

Learn More

For more information on employment law, see BeCivil's guide to UK Employment Law.

Copyright & permissions