Adams v Bracknell Forest Borough Council

Adams v Bracknell Forest Borough Council

The claimant did not have actual or constructive knowledge of the injury and its attribution to the defendant before November 1999; the judge's findings of fact are conclusive and not open to interference.

Parties
Claimant/respondent: David Adams; Defendant/appellant: Bracknell Forest Borough Council
Jurisdiction
England and Wales
Judgment Date
06 May 2003
Procedural Posture
Civil Appeal / Appeal From County Court, Judgment on Limitation Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Dyslexia, Constructive Knowledge, Actual Knowledge
Personal Injury Education Law Limitation of Actions Dyslexia Constructive Knowledge Actual Knowledge

Case Brief

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Parties

David Adams

Claimant/respondent

Bracknell Forest Borough Council

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court, Judgment on Limitation Preliminary Issue

Legal Issues

  1. 1 Whether the claimant's claim is statute barred under the Limitation Act 1980
  2. 2 Whether the claimant had actual or constructive knowledge of his injury and its attribution to the defendant before November 1999

Ratio Decidendi

The claimant did not have actual or constructive knowledge of the injury and its attribution to the defendant before November 1999; the judge's findings of fact are conclusive and not open to interference.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Detailed assessment of the Respondent's publicly funded costs