Record £1.4m damages paid to man abused by monks
A man who was abused by monks has secured £1.4 million in damages – the highest known sum ever to be awarded to a survivor.
The victim, known as AB, was sexually assaulted and beaten by Brothers Ryan, Farrell and Kelly.
He endured the attacks for 14 months while staying at St Ninian’s School in Falkland, Fife – which started as ‘punishment’ for swapping tuck shop snacks with other kids.
AB was sent to St Ninian’s in February 1980 when he was 12-years-old and stayed there until April 1981.
While at the school AB was raped, molested and beaten by all three Brothers and even forced to watch attacks on other children. AB revealed Kelly, Farrell and Ryan commonly targeted kids from a dormitory they sinisterly referred to as “the favourite boys’ room”.
On 22 July 2016 at the High Court in Glasgow Brother Farrell was convicted of four abuse charges and Brother Kelly was convicted of six charges.
They were both jailed on 12 August 2016 – Farrell for five years and Kelly for 10 years. Brother Ryan, however, died in July 2013 before he could be investigated.
AB’s evidence did not play a part in the convictions but this month a sheriff ruled the abuse did occur due to the volume of supporting evidence gathered during a historic abuse claim with Digby Brown.
The Christian Brothers sect, who ran St Ninian’s at the time of the abuse, tried to have the civil action thrown out as the death of Brother Ryan meant they couldn’t investigate AB’s allegations.
But Sheriff Dickson dismissed this argument and ordered the Christian Brothers to pay AB £1.39m in damages in recognition of the lifelong impact.
In his 173-page judgment, Sheriff Dickson said: “I did not consider that the death of one of three alleged abusers automatically resulted in the defender proving substantial prejudice in so far as the case is directed against Brother Ryan.
“The pursuer’s psychiatric conditions have prevented him from working for the past 38 years. I find that the defender is liable to make reparation to the pursuer.”
Kim Leslie, partner at Digby Brown, led the legal fight that helped AB secure the landmark victory.
She said: “Firstly, I’d like to pay tribute to AB for speaking out then staying steadfast as he took on a religious organisation - it makes this ruling all the more poignant.
“We’re not aware of any higher sums every being awarded to a survivor so this settlement is truly a landmark one – not just for AB but for survivors everywhere as it shows legal actions offer recognition even when the criminal system can’t.
“No amount of compensation or redress can alter the past but it can help improve a person’s future – but just as importantly, cases like these hold those responsible to account which in turn improves access to justice for others.”