Before 21 October 2021 there were only two Scottish judicial awards reported within the previous 10 years for injuries and related losses caused by childhood abuse. The decision in this area by Lord Brailsford in A v Glasgow City Council, dated 13 and reported 21, both October 2021 (link here) is therefore of considerable significance albeit this first instance decision is made on the facts and circumstances of this particular case and is not binding law. The total award made was £1,339,185 excluding interest. This is considerably higher than the £317,000 award, inclusive of interest, in T v The English Province of the Congregation of Christian Brothers, Sheriff McGowan, ASPIC, 30/1/20, reported 5/3/20 (link here) and the £148,000 and £33,000 awards, both inclusive of interest, respectively made in A v C and B v C, Lord Doherty, Court of Session, 15 June 2018 (link here).Continue reading
Very few cases of awards of personal injuries damages for abuse have been reported in recent years in Scotland. It is clear this is now changing with the effects of the retrospective abolition of limitation now being seen. What is noteworthy too are substantial damage awards now being made and the significant impact on such awards from judicial interest being added for many years.