A NURSERY nurse who had to give up the career she loved after being attacked by a pupil has had her right to claim compensation upheld by three of England's most senior judges.

The Appeal Court's decision means Christine Anne Hall, aged 46, of Grundy Way, Westhoughton, can now go on to pursue her claim for more than £50,000 damages from Bolton Council.

Ms Hall, who began working at Firwood School aged 18, suffered a wrenched shoulder in the attack, followed by post traumatic stress disorder, and has been unable to return to her career.

In May 1995 she was attacked by a 17-year-old pupil -- named in court only as "A" -- during assembly at the school in Crompton Way which caters for children with special needs.

Ms Hall's counsel, David Wilby QC, argued she should never have been allowed into such close proximity to pupil "A" who had a history of unprovoked attacks on pupils and staff, including scratching and, on some occasions, drawing blood.

Lord Justice Buxton, said: "Ms Hall had been a teacher for her whole career at the school since 1978. The pupils all had learning disabilities, some had a handicap of one form or another.

"Pupil "A" not only had profound learning difficulties but serious behavioural problems. A colleague of Ms Hall said that she was the only pupil she regarded as dangerous. Every incidence of violent behaviour had to be reported to the headmaster.

The colleague added: "She was made to sit apart from other pupils in enclosed spaces when she became agitated."

Bolton Council challenged a Manchester County Court judge's ruling in November last year that it was fully liable to compensate Ms Hall for her injuries because not enough had been done to "devise a system for the management of this student's behaviour".

But, dismissing the appeal, Lord Justice Buxton ruled: "In my judgement the complaint that this trial was unfair to the extent that Ms Hall should lose is not made out".