| X (Minors) v Bedfordshire County Council [1995] 2 AC 633 |
Educational authorities may owe a duty of care; educational neglect can in principle found an action. |
Used to show that educational negligence actions are legally recognisable. |
| Phelps v Hillingdon LBC [2001] 2 AC 619 |
Failure to diagnose dyslexia can constitute personal injury and attract general and special damages. |
Cited as binding authority that the claim is one for “personal injuries”. |
| Anderton v Clwyd CC [1999] ELR 1 / HL decision reported with Phelps |
Failure to mitigate congenital defects may amount to personal injury for procedural purposes. |
Reinforced classification of the present claim as personal injury. |
| Robinson v St Helens MBC [2003] PIQR P128 |
Earlier Court of Appeal view on personal injury classification and constructive knowledge. |
Re-examined; ultimate court agreed with parts but departed on knowledge test. |
| Cartledge v E J Jopling & Sons Ltd [1963] AC 758 |
Pre-1963 rule that limitation ran from accrual even if injury unknown. |
Historical context for legislative reforms. |
| Newton v Cammell Laird [1969] 1 WLR 415 |
Subjective test for constructive knowledge under Limitation Act 1963. |
Contrasted with modern approach; not followed. |
| Smith v Central Asbestos Co Ltd [1973] AC 518 |
Obiter statement that constructive knowledge test is subjective. |
Held no longer correct after introduction of section 33 discretion. |
| Forbes v Wandsworth HA [1997] QB 402 |
Objective approach to constructive knowledge; policy reasons to prevent stale claims. |
Adopted as the correct test. |
| Nash v Eli Lilly & Co [1993] 1 WLR 782 |
Subjective approach to constructive knowledge. |
Rejected as incorrect in light of policy and later authority. |
| Glasgow Corporation v Muir [1943] AC 448 |
Use of “reasonable person” imports an objective standard. |
Illustrative support for objective test. |
| Henderson v Merrett Syndicates Ltd [1995] 2 AC 145 |
Duties arising from assumption of responsibility; economic loss. |
Mentioned in discussion of possible alternative economic-loss analysis. |
| Parry v Clwyd HA [1997] PIQR P1 |
Exclusively objective reading of section 14(3). |
Cited approvingly. |
| Smith v Leicester HA [1998] Lloyd’s LR (Med) 77 |
Further acceptance of objective test. |
Noted as consistent with present reasoning. |
| O’Driscoll v Dudley HA [1998] Lloyd’s LR (Med) 210 |
Application of both tests produced same outcome. |
Referenced for completeness. |
| Fenech v East London & City HA [2000] Lloyd’s Rep Med 35 |
Constructive knowledge even on generous view. |
Illustrative authority. |
| Ali v Courtaulds Textiles Ltd [1999] Lloyd’s Rep Med 301 |
Section 14(3) interpretation without Forbes. |
Noted as example of earlier inconsistency. |
| Coban v Allen [1997] 8 Med LR 316 |
Application of Nash test to section 14A latent damage. |
Mentioned in comparative discussion. |
| Webster v Cooper & Burnett [2000] PNLR 240 |
Constructive knowledge under section 14A. |
Part of parallel reasoning. |
| Mortgage Corp v Lambert & Co [2000] PNLR 820 |
Constructive knowledge in economic-loss claims. |
Cited for consistency. |
| Glaister v Greenwood [2001] PNLR 602 |
Same principle under section 14A. |
Referenced. |
| Masterman-Lister v Brutton & Co [2003] 1 WLR 1511 |
Interplay between personal capacity and limitation. |
Cited in passing on subjective characteristics. |
| Barrett v Enfield LBC [2001] 2 AC 550 |
Difficulties of child-care negligence and limitation. |
Used in policy discussion. |
| Mellors v Perry [2003] EWCA Civ 89 |
Knowledge where congenital condition masked negligence. |
Referenced. |
| KR and others v Bryn Alyn Community (Holdings) Ltd [2003] QB 1441 |
Complexities of sections 14 and 33 interaction. |
Cited in broader policy context. |