The claimant sought damages from the defendant for having failed to diagnose his dysexia, resulting in educational failure. The respondent argued a reasonable peson would have sought help earlier. The council appealed a refusal to strike out of the claim.
Held: Given undiagnosed dysexia, it was unlikely that he would seek help. The fact that the condition also resulted in a low self esteem should properly be taken into account in deciding whether he should have realised his cause of action. Each case fell to be decided on its own facts, but the claimant’s state of mind precluded a simple question of whether he should have sought damages earlier.
Judges:
Peter Gibson, Tuckey, Keene LJJ
Citations:
Times 14-May-2003, [2003] EWCA Civ 706, Gazette 03-Jul-2003
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Robinson v St Helens Metropolitan Borough Council CA 25-Jul-2002
The claimant sought an extension of the limitation period to allow him to pursue an action. He sought damages for negligence against his former school which had failed to diagnose and treat his dyslexia.
Held: His appeal was denied. The claim . .
Cited by:
Appeal from – Adams v Bracknell Forest Borough Council HL 17-Jun-2004
A attended the defendant’s schools between 1977 and 1988. He had always experienced difficulties with reading and writing and as an adult found those difficulties to be an impediment in his employment. He believed them to be the cause of the . .
Lists of cited by and citing cases may be incomplete.
Limitation, Personal Injury
Updated: 07 June 2022; Ref: scu.182212