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Skipper v Calderdale MBC [2006] EWCA Civ 239

As a matter of principle, general damages could be awarded for the frustration, loss of self-confidence and loss of self-esteem resulting from the failure of a school and local authority to identify and ameliorate the effects of dyslexia, and a claim for general damages and for damages by way of lost earning capacity based on such a failure could not be struck out as having no real prospect of success.

24 March 2006

S appealed against an order striking out her claim for damages against the local authority, as responsible for her primary school education, and against her secondary school for their failure to identify her dyslexia and take appropriate steps either to ameliorate her condition or to mitigate its consequences. S had attended a junior and then a secondary school. S had left the secondary school after taking nine GSCEs. Her highest grade was B. She had subsequently attended a college where she had taken her A-level examinations, attaining C, D and E grades. She had applied to join the RAF, but had terminated her application. She had successfully completed the first year of a two-year HND, but had deferred the second year and accepted the position of a senior sales assistant in a computer games shop. S’s case was that her junior school had failed to diagnose her dyslexia and inform her secondary school of her literacy problems. She also alleged negligence against the secondary school...

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