Siblings of student who took own life can sue abuser
- Published
Angus Milligan assaulted Emily Drouet days before she took her own life
A judge has allowed the siblings of a law student who took her own life to sue her abusive former boyfriend.
Angus Milligan admitted choking and slapping Emily Drouet, 18, at halls of residence in Aberdeen in 2016.
Law student Ms Drouet was found dead several days later. Milligan admitted assault and threatening behaviour and was sentenced to community service.
Lord Harrower gave permission for her brother and sister to seek damages at the Court of Session.
Milligan was given 180 hours of community service in 2017.
The court had heard how Ms Drouet had approached a student resident assistant in Aberdeen to say she was having difficulties with the way she was being treated by her boyfriend, a fellow student.
In a written judgement published at the Court of Session, Lord Harrower allowed the compensation claim brought by her siblings against Milligan to proceed.
It will come to court in the name of their guardian, their mother Fiona.
However, Lord Harrower refused to allow actions brought by Mrs Drouet, her husband Germain and Emily's grandparents against Milligan to proceed.
This was due to Lord Harrower finding that the claims were time-barred because of when they had been raised in court.
In the judgement, Lord Harrower complimented the way Mr Drouet gave evidence in court and said the family's desire for justice could be sought through allowing Emily's siblings to pursue an action.
He wrote: "Taking all the circumstances into account, in what I acknowledge is a finely balanced decision, I have come to the conclusion that there are insufficiently cogent grounds to allow the adult claims to proceed.
"In agreement with Mr Drouet, who was an impressive witness, the Drouets' primary goal is to get 'some form of justice for what Mr Milligan did to Emily' and that this involves 'showing that Angus Milligan caused her death'. "Whether or not that was truly the case is a question that will be determined in the children's action, assuming it proceeds."
Mrs Drouet said: "Emily was studying law because she believed in justice and wanted to make a difference."
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