Former Catholic priest who suffered sexual abuse during training awarded over £450k in damages

By Mitchell Skilling

The pursuer, referred to as D, raised the action against the Bishop’s Conference of Scotland, the trustees of the Catholic National Endowment Trust which ran a residential school for boys intending to become priests in the 1970s. The defenders admitted liability but contested the issues of causation and quantum.

The case was heard by Lord Clark. Mackay QC and Lloyd, advocate, appeared for the pursuer and the Dean of Faculty and Masters, advocate, for the defenders.

Effects of abuse

As a teenager the pursuer was a seminarian at a residential school operated for the benefit of students of the Roman Catholic priesthood. Between the ages of 14 and 16 he was subject to sexual abuse by Father X, who was the pursuer’s Spiritual Director, who would fondle his genitalia, often while under the influence of alcohol. Father X was later convicted of offences unrelated to the pursuer in 1996.

After leaving the college, the pursuer attended a seminary in Rome and was consequently ordained as a Roman Catholic priest. He continued to work as a parish priest for a number of years until he took a leave of absence in order to receive psychotherapy, for which the diocese paid. He later made an application to the Pope for laicisation, in which he stated that he had found it increasingly difficult to exercise his ministry due to the effects of the abuse he was subjected to.

In respect of loss, the pursuer has received various forms of income while working as a priest, including various stipend and stole fees as well as a number of benefits in kind including all food and drink and household bills. The defenders admitted that sexual abuse occurred and that they were liable for any loss, injury, or damage caused by the abuse. However, they disputed whether the pursuer’s departure from the priesthood had been caused by the abuse and the quantification of the resulting loss.

Counsel for the pursuer submitted that there was a “tidal wave” of evidence supporting the change in his personality following the abuse, which had been unchallenged by the defender. Taking into account the loss of career as a priest, the appropriate figure for solatium would be £100,000 or £60,000 if the court held against the pursuer on the loss of the priesthood. On consequential loss, it was suggested that the benefits enjoyed by the pursuer had amounted to approximately £790,000.

Stayed and festered

In his decision, Lord Clark said of the pursuer’s evidence: “The evidence of the pursuer was given in a genuine and honest manner and for the most part I have no issue with his testimony. In answering a number of the questions put to him he took an overly lengthy and verbose approach, but the core and relevant points from his evidence were credible, reliable and convincing.”

Addressing causation, he said: “On the accepted expert evidence, supported by compelling factual evidence, the sexual abuse had a profound and adverse impact on the pursuer’s mental health and his life. In addition to panic disorder, he suffered flashbacks, personality change and loss of trust. There was a marked and adverse impact on his functioning, imposing significant limitations on his life.”

Turning to whether this caused him to leave the priesthood, Lord Clark said: “I am satisfied that the ‘but for’ test is met. In particular, experiencing the awful sexual abuse to which he was subjected as a teenager could never be eradicated from the pursuer’s mind. Instead, it plainly stayed there (albeit at times he sought to lock it away) and festered.”

He continued: “One can readily understand that a point was reached where it became inevitable that the post must be given up. It is impossible for me to conclude that reasons other than the abuse and its impact caused his laicisation, or that the pursuer would have laicised anyway even if the abuse had not occurred.”

Lord Clark said of quantum of damages for consequential loss: “On the evidence, there is support for the benefits in kind in the priesthood giving rise to consequential loss of some significance, on the broad basis that they result in a higher figure than the pursuer’s post-laicisation income and that they are by no means wholly set-off by that income and the financial benefits of not being in the priesthood. As I understand it, the past and future loss of the pursuer extends for a period of over 43 years. A reasonably significant amount is due.”

He concluded: “This trauma has tormented [the pursuer] for many years. His personality, his ability to function and indeed his life were impaired by it. He did what he could to block from his mind the memories and effects of the abuse, but there came a point in time when he could no longer do so. As a perhaps obvious consequence, remaining in his role as a priest became burdened with intolerable difficulties. The loss he sustained and continues to suffer can never adequately be addressed merely by an award of damages.”

Lord Clark therefore quantified damages as £55,000 for solatium and £400,000 for consequential loss arising from the pursuer leaving his post as a priest.

Legal aid: Scottish government forced to make offer to practitioners

A “robust” package of support was set out by Ms Regan in a letter to the sector on Friday.

It sets out:

• A package of funding worth £11m. This is equivalent to an 10.3 per cent increase in solicitors’ fees, on top of the £10m increase already introduced, and would bring the total recurring increase to legal fees since 2019 to over 25.2 per cent
• Extension of a legal traineeship scheme for a further two years at a cost of an additional £1m
• A framework for agreeing regular, evidence-based, fee reviews that directly addresses issues raised by the legal profession as priorities

Ms Regan said: “This is a substantial and credible offer following extensive engagement with the sector and I’d urge lawyers to accept it.

“Our aim always has been to find a settlement that responds to the concerns raised by members of the profession and builds on the increases to fees already introduced over the past three years.

“We also have to find an agreement that is affordable in the context of public finances and supports the on-going process of justice recovery and transformation.

“The offer has been made in the context of a very challenging financial position and that is why I must emphasise there is no scope for further immediate increases beyond this offer. Additionally I have asked for a cessation of planned disruptive action which has the potential to be damaging to witnesses and complainers.

“Scotland has the finest legal aid system in the world and this credible and robust package will support vitally important criminal defence work as the justice sector continues its recovery from the Covid period.”

Law Society of Scotland president Murray Etherington said: “A generation of underfunding in legal aid has left a system in crisis. This failure to act has meant record numbers of solicitors are leaving criminal defence and areas of civil law, simply because it is unaffordable to do legal aid funded work. It means some of the most disadvantaged and vulnerable in our society risk going without the legal advice and services they need, all because the government has refused to invest the money required.

“This latest announcement from the Scottish government may recognise a serious problem to be solved. However, it falls far short of the investment we have argued for and which we believe is necessary to retain solicitors in the legal aid system to ensure access to justice for all.”

Brodies closes in on £100 million revenue as profits rise to £46.1m

The firm reported revenue of £98.5 million, up 19.5 per cent from £82.5m the previous year. Operating profit increased from £39m to £46.1m.

The financial year to April 2021 had seen the firm prioritise the wellbeing, roles and financial security of all colleagues at the height of the pandemic. That judgement saw it begin the year to April 2022 with a full complement of staff across all areas. Continued investment in people over the last 12 months saw headcount increase from 748 to 771 with all eligible staff receiving bonuses in May 2021, January 2022, and June 2022. Seven new partners were promoted, bringing total partner numbers on 1 May 2022 to 116.

Investment in premises saw more than 380 colleagues move into the firm’s new Edinburgh office, Capital Square, in January 2022 – the first office designed to platinum WELL accreditation standards. Brodies also opened its London office in the summer of 2021 and has committed to new premises in Inverness, planned to open in Autumn 2022.

With the full cost of the Capital Square project met and bonuses and other investments paid in full, cash balances at year end were £26m.

Brodies managing partner, Nick Scott, said: “Our clients, be they businesses, individuals or organisations, continue to seek the support of our firm on new and interesting instructions. We are grateful for their continued support to which our progress this year is testament. Our firm’s management boards remain focused on their core task of delivering the remaining outcomes targeted in our 2021-24 strategic plans.

“Throughout the year, investments continued to be made in people, with recruitment of colleagues in legal and business services teams, the payment of bonuses, and the introduction of new reward structures more closely aligning individual performance with reward. These measures represent the single largest investment in colleagues and colleague reward the firm has, to date, made.”

Work continued to deliver upon the firm’s broader responsibilities, including its commitment to the continuous reduction in its carbon footprint, including investment in more efficient buildings and the adoption of green energy tariffs.

Mr Scott added: “A new members’ agreement was approved by our partners, containing a commitment that our firm be run as a responsible and sustainable business, and openly recognising the commitment we hold to create opportunity for all, regardless of difference.

“We begin the 2022/23 financial year inspired by our clients and our colleagues, aware of the challenges but excited by the opportunities ahead, and conscious of our responsibilities as a business and to the communities in which we work.”

Braverman to consider constitutional issues with Scots gender bill

In an interview with The Telegraph, the UK law officer expressed misgivings over the potential impact of the bill, which would modify the Gender Recognition Act 2004.

She said: “Effectively the Scottish Parliament, if this is enacted, will be approving a form of self-identification. And we will have a two-tier system within the United Kingdom.

“I can’t foresee how that is workable, whereby north of the border, you may be able to self-identify but a bit south of the border that might not be recognised. What effects does that have on our public institutions, our state? It is incredibly worrying and causes a huge amount of uncertainty.”

Sir Bernard Jenkin, the Conservative MP who chairs Westminster’s liaison committee, urged the UK government in March to block the Scottish government’s planned reforms.

“The government must challenge the Scottish parliament, via its proposed Gender Recognition Reform Bill, because it intends to endow new controversial rights on all UK citizens which have not been approved by this parliament,” he said.

Consultation launched on new land reform legislation

To be introduced by the end of 2023, the bill aims to address long-standing concerns about the highly concentrated pattern of land ownership in rural areas of Scotland. Proposed measures include:

• The introduction of a public interest test for transfers of large-scale landholdings
• A requirement on owners of large-scale holdings to give prior notice to community bodies of their intention to sell
• A requirement on those seeking land-based subsidies to have the land registered in the Land Register, to ensure transparency around who benefits from public funding

In addition, the consultation asks questions about how to ensure communities benefit from future investment in Scotland’s natural capital, and that there is greater transparency around land and asset ownership.

Environment and land reform minister Mairi McAllan visited The Ecology Centre in Kinghorn, Fife, to formally launch the consultation. The centre is a community-led charity that has been supported with grant funding from the Scottish Land Fund.

Ms McAllan said: “Land reform is a pervasive issue in Scotland. We have a strong record of progressive and innovative land reform - but this journey is not complete. We must continue to develop and implement land reform that addresses historical inequalities and at the same time, we must rise to changing social, environmental and economic issues in contemporary Scotland.

“I recognise, and am fully committed to tackling, the adverse effects of scale and concentration of land ownership - and empowering communities in the process.

“I am also clear that while investment in Scotland’s natural capital is vital to tackle the climate and nature emergencies, we must ensure that our people and communities are not disadvantaged and indeed can benefit.

“Finally, we must continue to improve transparency of ownership of land in Scotland.

“That’s why this summer we will be consulting on a wide range of transformative proposals – including our aim to ensure that the public interest is considered on transfers of particularly large-scale landholdings. The new Bill will be a significant step forward in ensuring our land is owned diversely and is used in the public interest and to the benefit of the people of Scotland. This is the next step on Scotland’s land reform journey as we continue the work to pass more power to people and local communities, encourage and support responsible and diverse land ownership and ensure communities have a say in how land in is used.”

Chair of Community Land Scotland Ailsa Raeburn said: “Community Land Scotland warmly welcome the launch of the Consultation on the forthcoming Land Reform Bill. It is becoming ever clearer that who owns and controls land, is incredibly important in building a fairer greener Scotland.

“We very much hope the new Bill encompasses a range of measures that effectively tackles the endemic issues of scale and concentration of land ownership and the adverse effects this has on local communities. The Bill is a great opportunity to ensure Scotland’s land is owned and used fairly and that as many people as possible can benefit from it.”

Chair of the Scottish Land Commission Andrew Thin added: “The ways land is owned and used is central to tackling the climate emergency, contributing to a successful economy and supporting communities. It is great to see the government launch the consultation of the upcoming Land Reform Bill which includes a range of potential measures to ensure that the benefit of land is shared by all.

“The Scottish Land Commission has been working over the last five years to provide a robust evidence base for our recommendations on making land work better in the public interest, highlighting the opportunity land reform can bring to Scotland and its people. I would encourage everyone to take part in the consultation and help to shape the next step in Scotland’s land reform journey.”

Gillespie Macandrew appoints construction specialist Ross Taylor to partnership

He joins from Wright Johnston & Mackenzie and brings over 20 years’ experience advising developers, contractors and other SMEs on a broad range of contentious and non-contentious construction matters. He previously ran his own firm for several years and is a fellow of the Chartered Institute of Arbitrators and an accredited mediator.

Chief executive officer Robert Graham-Campbell said: “I am delighted to welcome Ross to our partnership. His considerable skills and experience in the sector bolster our existing construction offering for clients. He joins our non-contentious construction specialist Keith Emmerson, who is based in Glasgow, and brings further depth to our growing dispute resolution team.”

Marianne McJannett joins Bellwether Green

She said: “I am delighted to be joining the team and bringing my employment law knowledge and experience to Bellwether Green and their clients. I’m excited for what the future holds.”

Bellwether Green’s April Bingham, head of corporate, said: “Strengthening our employment law practice is something that we’ve been planning for a while now and I am so glad that our search led us to Marianne.

“We look forward to supporting her ambitions to enhance and build upon our employment law services and expertise. She shares our enthusiasm for developing strong client relationships and delivering pragmatic advice with excellent underlying technical knowledge. I’m confident that Marianne’s approach is going to be a fantastic fit for our clients and we look forward to introducing her to them over the coming months.”

Consultation on restricting junk food promotions launched

The Scottish government’s consultation seeks views on restricting the promotion of confectionery, cakes, crisps, savoury snacks and sugary soft drinks at checkouts and front of store, and on multi-buy discounts.

The aim is to reduce the health harms associated with poor diet and higher weight.

The consultation will help assess what impact the proposed restrictions would have on businesses and public health, including on health inequalities. It will run for 12 weeks to 23 September 2022.

Minister for public health Maree Todd said: “Our diets remain too high in calories, fat, sugar and salt which can have serious consequences for our overall health.

“In Scotland, two out of three adults are overweight or obese, with those living in our poorest areas more likely to be overweight and experience the most harm as a result.

“We know that promotions can encourage over-consumption and impulse buying.

“By restricting the promotion of less healthy food and drink we can better support people to make healthier choices and help create a Scotland where everyone eats well and has a healthy weight.”

Food Standards Scotland (FSS) head of nutrition science and policy Dr Gillian Purdon said: “We welcome the launch of the Scottish government’s consultation on restricting promotions of foods high in fat, salt or sugar.

“FSS supports the introduction of promotional restrictions on these products as part of a suite of recommendations to address the nation’s poor diet. Promotions can encourage us to buy more than we need, and don’t necessarily save us money.

“Evidence shows that a considerable amount of the food and drink we buy is on promotion, and is often skewed towards less healthy choices such as confectionery, sweet biscuits, savoury snacks, cakes, pastries, puddings and sugar containing soft drinks. These foods account for around 20 per cent of calories and fat in our diet, and more than half of our free sugar intake.”

Advocates in Burke & Hare show at Fringe

The black comedy tells the story of the Burke and Hare murders – the ‘gruesome twosome’ killed 16 people during 1828 in Edinburgh and sold the bodies to Dr Robert Knox for dissection at his anatomy lectures.

Mr Burr will appear as the aloof, ambitious and arrogant anatomist Dr Robert Knox, curator of the Museum of Comparative Anatomy in Edinburgh. He has been acting since the age of six and has performed with the Haddo players in Aberdeenshire, with Onstage 66, Leith Theatre and with the Wardie Players. He has also sung, along with the broadcaster Richard Baker, with the Haddo House Choral and Operatic Society.

Mr MacLeod plays the part of William Hare, a somewhat different role from his last appearance as a Panto Dame in his AmDram group in the Borders. During the day he can often be seen in the very room at Parliament House where the murder trial was held, during which the real Hare turned King’s evidence and sealed his fellow murderer Burke’s fate.

The script was written by Derek Batchelor QC. Now retired, Mr Batchelor describes himself as a “busy granddad and trainee golfer” and has also authored two books. Along with the rest of a stellar cast, Mr Burr and Mr MacLeod will bring his script to life alongside several songs written by John Montgomery, whose previous work includes two other musicals.

“It’s great to team up with a talented musician and composer in John Montgomery. We have a vibrant musical with elements of rock, opera, ballad and Celtic folk all performed by a diverse, energetic and multi-talented cast. You’ll kick yourself if you miss it!” said Mr Batchelor.

Flesh runs from 5 August to 13 August at Surgeons Hall in Edinburgh. Tickets range from £12 to £15. For more information and to book tickets go to www.fleshthemusical.com.

New faces on Law Society Council

Mr Jane, principal at Iain Jane & Co in Peterhead, will represent solicitors in Aberdeen Banff, Peterhead and Stonehaven. In his nomination he highlighted his motivation to seek positive change, while raising his concerns about access to justice in Scotland, particularly in the North East, and current issues with the legal aid system.

He said: “I am happy to represent all members and take on board any concerns they have. I will aim to provide a voice and make sure that the views of solicitors the North East are represented on the Society’s Council. I’m looking forward to joining Debbie Wilson as my fellow representative for the constituency and to working on behalf of the profession.”

Ms Watt has joined the Council as its newest lay member and brings a wealth of experience to the role. She originally qualified as a solicitor with Gillespie Macandrew before re-training as a Chartered Accountant with PwC in Edinburgh in 1988. She is an independent non-executive director with Tatton Asset Management plc and sits on both their Audit & Risk Management Committee and Remuneration Committee.

Mr Macniven, director of the Scottish Government Legal Directorate, has been a member of the Council since May 2019 and has recently been reappointed.

London: Defence solicitors refuse cases in latest dispute over pay

Defence lawyers in the capital have already refused burglary cases on the basis legal aid fees are inadequate.

Hesham Puri, head of the London Criminal Courts Solicitors’ Association (LCCSA), said: “The impact will be people being unrepresented and huge delays for victims and witnesses. Of course, we don’t want that, but the entire system is broken from years of underfunding and lawyers have had enough.”

The action follows walkouts by barristers last week over legal aid.

A review led by for judge Sir Christopher Bellamy published last year recommended a 15 per cent increase for both branches of the profession. He said this would cost about £135 million.

The MoJ said it was fast-tracking legislation to enable criminal solicitors to receive a 15 per cent increase for work undertaken in police stations and magistrates courts.

Nazir Afzal, a former chief crown prosecutor for North-West England, said: “Young criminal solicitors are a dying breed because the profession does not pay enough. It will mean miscarriages of justice as a result.”

Quote of the day

It seems to be the fate of idealists to obtain what they have struggled for in a form which destroys their ideals.

Bertrand Russell, ‘Marriage and Morals’ (1929)

And finally… money for nothing

The worker, an employee of Chilean food producer Consorcio Industrial de Alimentos, received a paycheck of 165,398,851 Chilean pesos (£146,000), for the month of May - Fox News reports. This is more than 300 times his usual monthly salary of 500,000 Chilean pesos (£442).

He immediately made his manager aware of the overpayment and agreed to the HR department’s request for the surplus amount. Upon visiting his bank the following day, however, he instead withdrew the money and cut off communications with his employer.

The man stopped coming into work and has since tendered his resignation through his attorney, who wrote to Consorcio Industrial de Alimentos.

The firm has since filed a complaint against the man.