Senior Courts Costs Office

No.13 of 2005

Clark v Devon County Council

17 March 2005

Court of Appeal (Mummery, Keene and Dyson LJJ)

A Claimant, suing through his parents, brought an action for negligence for failing to diagnose his learning difficulties. The allegations of negligence against the head teachers of two schools, and two out of three educational psychologists failed or were withdrawn, and the Claimant succeeded only in respect of the negligence of one psychologist.

The Court of Appeal, whilst upholding the judgment below, awarding the Claimant £35,000 damages, nevertheless reduced from 100% to 70% the percentage of his costs which the Defendant was ordered to pay.