In a departure from previous years, the Scottish Qualifications Authority (SQA) this year told markers in all subjects that comments on candidates' work must be made by a new system of symbols.

The SQA said the change to a system of symbols had been made to achieve consistency - and keep them out of court.

However, teachers fear it could make the appeals process more difficult and lead to fewer of their colleagues being willing to mark exam scripts.

The move follows the uncertainty caused by the exams fiasco

Next year for the first time, schools and pupils in Scotland will be able to see marked exam answer papers, albeit after paying a fee.

In preparation for this move, the SQA has told markers to stop writing comments on scripts and instead use a new system of symbols.

Bill Fitzpatrick, a senior SQA marker in Higher History, was so concerned at the changes that he broke a confidentiality agreement to speak to Newsnight Scotland.

Mr Fitzpatrick, a former president of Scotland's second largest teaching union, the SSTA (Scottish Secondary Teachers' Association), said that comments written on exam scripts explained to senior markers the thinking behind the grade.

Fear of litigation

This was useful for an appeal or for checking standards of marking, he said.

"This year I am only allowed to use signs which mean "irrelevance" or "inaccuracy", with no real reasons of how it fits in to the answer," he said.

Conservative education spokesman Brian Monteith said the fear of litigation was behind the move.

"I think the markers and the SQA are concerned that what might seem reasonable comments may, in the cold light of day, seem unreasonable.

"And they would open themselves up to quite expensive legal actions."

By and large youngsters have been very fairly treated in Scottish schools

Ken Cunningham Headteachers' Association of Scotland

President of the Headteachers' Association of Scotland, Ken Cunningham, said the SQA had been "bounced" into releasing the marked papers.

He said it came about because of the uncertainty caused by the exams fiasco of summer 2000 when thousands of students received inaccurate or incomplete results.

Exam scripts have been available south of the border for some years, he said.

"The truth of the matter is that the system north of the border has been quite different from the one south of the border.

"By and large youngsters have been very fairly treated in Scottish schools."

David Fraser, the chief executive of the SQA, said it would take concerns on board.

He said it was important that information is consistent across all 9,000 markers in Scotland.

He said: "They can write on the paper but it has to be by a consistent system of symbols that are understood across the thousands of individuals that are involved in the process."