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Liability Risk and Insurance

Limitation of action

Dismissing the claimant’s appeal against judicial decision that a claim for undiagnosed dyslexia was out of time, the court held that any decision to allow the claim to proceed should be taken with caution where the alleged harm had occurred many years earlier and extension to the age of majority well passed. The question of proportionality was important and the onus on the claimant to show that the balance of prejudice was in his favour.

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