Smith v Liverpool City Council & Ors

Smith v Liverpool City Council & Ors

The claimant had actual knowledge of the relevant facts by 20 October 1998, more than three years before the claim was issued, and the prejudice to the defendants from the passage of time was substantial; it was not equitable to disapply the limitation period under Limitation Act 1980 s.33.

Parties
Claimant: Richard Smith; First Defendant: Liverpool City Council; Second Defendant: Hampshire County Council; Third Defendant: Knowsley Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
12 April 2006
Procedural Posture
Civil / Judgment on Preliminary Issues
Outcome
Action dismissed
Legal Topics
Negligence, Limitation Period, Special Educational Needs, Dyslexia, Statutory Assessment, Statement of Special Educational Needs, Res Ipsa Loquitur
Education Law Tort Law Limitation Law Negligence Limitation Period Special Educational Needs Dyslexia Statutory Assessment +2 more

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Parties

Richard Smith

Claimant

Liverpool City Council

First Defendant

Hampshire County Council

Second Defendant

Knowsley Metropolitan Borough Council

Third Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether the claimant suffered a psychological or psychiatric injury sufficient to constitute a personal injury
  2. 2 When did the claimant acquire actual or constructive knowledge for purposes of Limitation Act 1980 s.11(4)(b)
  3. 3 Whether the limitation period should be disapplied under Limitation Act 1980 s.33

Ratio Decidendi

The claimant had actual knowledge of the relevant facts by 20 October 1998, more than three years before the claim was issued, and the prejudice to the defendants from the passage of time was substantial; it was not equitable to disapply the limitation period under Limitation Act 1980 s.33.

Court Disposition

Action dismissed

Orders

  • Claim dismissed