Man who was sexually abused at private school awarded £97,000

A former pupil who was repeatedly sexually assaulted by a teacher at Edinburgh's Fettes College has been awarded £97,604 in damages.

The man, who was granted anonymity, brought an action against the school's governing body - the Governors of the Fettes Trust - at the Court of Session in Edinburgh.

Judge Lord Young said the victim, who started at the private school when he was aged nine, estimated the abuse happened two or three times a week from 1977 until 1979.

Lawyers acting for the victim had argued he was entitled to receive a £2.5m payout in compensation because of the consequences of the wrongdoing.

Lord Young said: "The defenders (the trust) accept vicarious responsibility for the criminal actions of their former employee.

"The defenders also accept that they are liable to pay damages for the pursuer's loss.

"What is not agreed is the extent of those losses.

"In particular, the parties have fundamentally different positions on whether the pursuer's ability to earn income as an adult has been affected by the childhood abuse."

Fettes argued in the action damages should only be awarded for pain and suffering caused to the victim's earnings - which it valued at £15,000 along with interest.

Lord Young said he had anonymised the teacher as JX as he has yet to face a criminal trial.

The teacher would call the pupil to the front of the classroom under the premise of going over his work, at which point he would sexually assault the boy.

The victim said he was confused by what was happening at the time, but knew it did not feel right. He did not disclose the abuse to his parents or anyone at the school.

The judge said the victim did develop symptoms which met the diagnosis for post traumatic stress disorder at the time of the abuse.

But he added: "However, the acute symptoms diminished within a year or so of the abuse ending.

"I am satisfied that by the time he left Fettes in the mid 1980s, he was largely symptom free."

The judge concluded the victim had not proved he suffered economic loss because of a claimed lost opportunity to obtain a business management degree and to work in that sector.