The claimant sought damages from the respondents who had been responsible for his education, for having failed to diagnose his learning difficulties. The school had recognised that he was underachieving, but diagnosis as to the reason was not easy.
Held: Though the school had acted properly, it had failed to call in specialist help and that would have assisted. Damages were awarded following Blamire.
Judges:
Mr Justice Henriques
Citations:
[2002] EWHC 398 (QB), HQ 9902793
Links:
Citing:
Applied – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Applied – Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
Cited – Boyle v Wisman 1855
After parties were enabled to testify in most civil cases by the 1851, the court recognised that the failure of one of them to deny a fact which it is in his power to deny gives colour to the evidence against him. . .
Cited – McQueen v Great Western Rly Co CA 1875
If a prima facie case is made out capable of being displaced, and if the party against whom it is established might by calling particular witnesses and producing particular evidence displace that prima facie case, and he omits to adduce that . .
Cited – Blamire v South Cumbria Health Authority CA 1993
When assessing damages for losses arising through professional negligence by a school, the court arrived at a lump sum representing the loss of the opportunity to gain employment at the end of a successful period of education. The onus of proving . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Education
Updated: 05 June 2022; Ref: scu.168530
