DBAK against The Governors of the Fettes Trust (Court of Session) [2026] CSOH 5 (29 January 2026)

DBAK against The Governors of the Fettes Trust (Court of Session) [2026] CSOH 5 (29 January 2026)

The court found the pursuer suffered PTSD for approximately two years as a result of the abuse, but the acute symptoms diminished before he left school. While the abuse affected his junior school education, the evidence did not establish, on the balance of probabilities, that but for the abuse he would have obtained the qualifications necessary for a business management degree and a higher-earning career. The pursuer was awarded solatium of £40,000 (with interest), but claims for patrimonial loss (past/future wage and pension loss) were not established.

Citation
[2026] CSOH 5
Parties
Pursuer: DBAK; Defender: The Governors of the Fettes Trust
Jurisdiction
Scotland
Judgment Date
29 January 2026
Procedural Posture
Personal Injury (sexual Abuse, Damages) / Judgment After Proof Before Answer
Outcome
Decree for the pursuer for solatium and interest only; patrimonial loss claims refused.
Legal Topics
Vicarious Liability, Sexual Abuse, Damages Assessment, Psychiatric Injury, Loss of Earnings, Solatium, Interest on Damages
Tort Personal Injury Education Law Vicarious Liability Sexual Abuse Damages Assessment Psychiatric Injury Loss of Earnings +2 more

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Parties

DBAK

Pursuer

The Governors of the Fettes Trust

Defender

Procedural Posture

Personal Injury (sexual Abuse, Damages) / Judgment After Proof Before Answer

Legal Issues

  1. 1 Whether the pursuer suffered PTSD as a result of abuse
  2. 2 Whether the abuse caused diminished educational and occupational attainment
  3. 3 Appropriate quantum for solatium and patrimonial loss

Ratio Decidendi

The court found the pursuer suffered PTSD for approximately two years as a result of the abuse, but the acute symptoms diminished before he left school. While the abuse affected his junior school education, the evidence did not establish, on the balance of probabilities, that but for the abuse he would have obtained the qualifications necessary for a business management degree and a higher-earning career. The pursuer was awarded solatium of £40,000 (with interest), but claims for patrimonial loss (past/future wage and pension loss) were not established.

Court Disposition

Decree for the pursuer for solatium and interest only; patrimonial loss claims refused.

Orders

  • Award of solatium: £40,000 (allocated £35,000 past, £5,000 future)
  • Interest on past solatium: £57,604