Apology opens the floodgates for compensation claims by victims

THE Catholic Church’s apology could now make it easier for victims of abuse to seek redress through the courts.

The Commission’s report could be used in court as proof that abuse is rife within the Church, while the apology is an admission of guilt which could make the Church more eager to make out-ofcourt payments to victims.

Margaret Smillie, solicitor advocate and a partner at Bannatyne Kirkwood France & Co in Glasgow, said: ‘This will make it easier for victims. While they will still have to prove they have been a victim of abuse, in a practical sense it is now much more likely the Church will enter into negotiations for a cash settlement, meaning survivors are less likely to have to be dragged through the courts.’

The McLellan Commission’s report identifies systemic abuse within the church, at Fort Augustus Abbey School in the Highlands and in the case of at least 24 victims.

Miss Smillie added: ‘The report can now be used to show systematic abuse, which would help someone’s case in court. That would particularly be the case if they were a pupil at the school mentioned in the report.’ Victims who spoke to the McLellan Commission said that clergy appeared to care more about the ‘finances of the Church and the warnings of insurers’ than helping them.

The Church has already been asked to pay into a Scottish Government fund for victims of abuse and more claims could be very costly, with vast sums having been paid out in other abuse cases around the world.

In 2002, victims of abuse were promised £23.9million by the Catholic Church after the Murphy Report into sex abuse in Ireland.