Professional Liability Faculty

Cases

	Adams v Bracknell Forest Borough Council Held that the negligent failure to ameliorate the consequences of dyslexia by appropriate teaching (leading to depression and a lack of self esteem and being disadvantaged in the employment market) could be said to continue an injury and thus could give rise to an action for “personal injuries”. The Court said that an analogy could rightly be drawn with the negligent failure to treat a physical injury which the defendant did not cause. - Adams v Bracknell Forest Borough Council (2004) UKHL 29
	Erin McLean v The University of St Andrews The claimant and her boyfriend walked some distance from ODESSA University where they were studying under an exchange agreement, at 2.00 am in the morning. She was raped by some Russian sailors. She maintained that the University, failed in its duty of care owed to her by sending her to the "pervasive lawlessness" of the Ukraine, and claimed damages of £100,000. Her boyfriend was present during the assault in Odessa, and maintained that as a consequence he has suffered from post-traumatic stress disorder. The Court dismissed her claim on the basis that the defenders only had responsibility to ensure that she was adequately and safely accommodate at the university, and that Odessa was not a battle zone like Baghdad or the Gaza Strip. -
	Phelps v Hillingdon London Borough Council Educational psychologist was in breach of duty of care in failing to diagnose dyslexia and that the absence of a contract was irrelevant. There was a duty of care owed by the employees of the local education authority to students in meeting their educational needs. The local authority was held to be vicariously liable. Damages of £44,000 were awarded for loss of earnings and employment prospects. - (2000) 4 All ER 504 (HL)