DN v London Borough of Greenwich Rev 2

DN v London Borough of Greenwich Rev 2

The educational psychologist, Mr Moreland, was negligent in failing to properly assess DN's needs and recommend an appropriate educational placement. This negligence caused DN to lose the opportunity for better social, behavioural, and educational outcomes, but the extent of loss must be assessed on the balance of probabilities, not as a loss of chance. The trial judge erred in his approach to causation and damages, and the assessment of damages must be conducted in accordance with the principles set out in this judgment.

Parties
Claimant/respondent: DN (by his father and litigation friend RN); Defendant/appellant: London Borough of Greenwich
Jurisdiction
England and Wales
Judgment Date
08 December 2004
Procedural Posture
Civil Appeal (professional Negligence) / Appeal From High Court Judgment on Liability and Causation, Remitted for Assessment of Damages
Outcome
Appeal on liability dismissed; matter remitted for assessment of damages in accordance with appellate guidance.
Legal Topics
Negligence of Educational Psychologists, Causation of Loss in Professional Negligence, Assessment of Damages, Duty of Care in Educational Context
Tort Law Education Law Professional Negligence Negligence of Educational Psychologists Causation of Loss in Professional Negligence Assessment of Damages Duty of Care in Educational Context

Case Brief

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Parties

DN (by his father and litigation friend RN)

Claimant/respondent

London Borough of Greenwich

Defendant/appellant

Procedural Posture

Civil Appeal (professional Negligence) / Appeal From High Court Judgment on Liability and Causation, Remitted for Assessment of Damages

Legal Issues

  1. 1 Whether the educational psychologist (Mr Moreland) was negligent in his assessment and recommendations for DN's educational placement
  2. 2 Whether such negligence caused DN loss, including social, behavioural, and economic consequences
  3. 3 Whether the trial judge erred in his approach to expert evidence and causation

Ratio Decidendi

The educational psychologist, Mr Moreland, was negligent in failing to properly assess DN's needs and recommend an appropriate educational placement. This negligence caused DN to lose the opportunity for better social, behavioural, and educational outcomes, but the extent of loss must be assessed on the balance of probabilities, not as a loss of chance. The trial judge erred in his approach to causation and damages, and the assessment of damages must be conducted in accordance with the principles set out in this judgment.

Court Disposition

Appeal on liability dismissed; matter remitted for assessment of damages in accordance with appellate guidance.

Orders

  • Assessment of damages to be conducted in accordance with findings on causation as set out in this judgment.
  • No damages recoverable for consequences of DN's criminal convictions for arson.