Law Weblog

Adams v Bracknell Forest Borough Council [2004] HL

[Tort – time limit of 3 years applied as C could reasonably have been expected to be curious about his injury, dyslexia does not prevent that]
D, the local authority where C went to school. C was dyslexic but this was not diagnosed and so he received no special teaching. C grew up with limited reading and writing skills and as a result, he suffered psychological problems and was disadvantaged in the employment market. He met an educational psychologist 16 years later, and he was advised he had a cause of action against the authority, so he sued. C claimed that his cause of action would only be time-barred from when he knew he had a case. 

Held: There was no reason why C should not have been curious about his ‘injury’ and he could have consulted his doctor and a solicitor. Therefore, s 11 of the Limitation Act 1980 which sets a time limit of 3 years for actions involving personal injury could not be extended. Phelps v London Borough of Hillingdon [2000] HL and Robinson v St Helens Metropolitan Borough Council [2002] (CA) approved.

C lost