D AGAINST THE BISHOP'S CONFERENCE OF SCOTLAND [2022] ScotCS CSOH_46 (30 June 2022)

D AGAINST THE BISHOP'S CONFERENCE OF SCOTLAND [2022] ScotCS CSOH_46 (30 June 2022)

The pursuer's departure from the priesthood was materially caused by the sexual abuse suffered as a teenager, resulting in psychiatric injury and loss of vocation. The evidence established a change in personality and ongoing psychological effects directly attributable to the abuse. The defenders' arguments regarding alternative causes were not pled and excluded. Damages for solatium and consequential loss are appropriate, with benefits in kind valued per ordinary accounting principles.

Citation
[2022] ScotCS CSOH_46
Parties
Pursuer: D; Defender: The Bishop's Conference of Scotland
Jurisdiction
Scotland
Judgment Date
30 June 2022
Procedural Posture
Personal Injury Action / Proof Before Answer
Outcome
Pursuer succeeds in part; damages awarded for solatium and consequential loss
Legal Topics
Sexual Abuse, Causation, Loss of Earnings, Solatium, Consequential Loss, Psychiatric Injury
Personal Injury Delict Employment Law Sexual Abuse Causation Loss of Earnings Solatium Consequential Loss +1 more

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Parties

D

Pursuer

The Bishop's Conference of Scotland

Defender

Procedural Posture

Personal Injury Action / Proof Before Answer

Legal Issues

  1. 1 Whether the pursuer's departure from the priesthood was caused by admitted sexual abuse
  2. 2 Whether the pursuer suffered consequential financial loss as a result
  3. 3 Appropriate quantum for solatium and consequential loss

Ratio Decidendi

The pursuer's departure from the priesthood was materially caused by the sexual abuse suffered as a teenager, resulting in psychiatric injury and loss of vocation. The evidence established a change in personality and ongoing psychological effects directly attributable to the abuse. The defenders' arguments regarding alternative causes were not pled and excluded. Damages for solatium and consequential loss are appropriate, with benefits in kind valued per ordinary accounting principles.

Court Disposition

Pursuer succeeds in part; damages awarded for solatium and consequential loss

Orders

  • Defender to pay pursuer solatium of £100,000
  • Defender to pay pursuer consequential loss of £1,332,537