Recent cases in the courts

Those considering litigation may find it helpful to read some of the recent cases which have gone through the courts.  Bear in mind that:

  • Litigation is expensive and the outcomes uncertain.
  • Litigation takes a long time and is extremely stressful.
  • Remedies available through the courts are very limited.  No court can require a provider to grant a degree, to pass a student or to raise a mark or grade.

Cases

Ahmed v The Inns’ Conduct Committee [2012] EWHC 3270 (QB)

Fitness to practise finding by professional body challenged.  Cannot do course without admission to Inn of Court, which has barred applicant as unfit.

Duke v The University of Salford [2013] EWHC 196 (QB)

University sues student over blogs defaming staff

Kwao v University of Keele [2013] EWHC 56 (Admin)

Offer of Master’s degree instead of doctorate – was this procedurally correct?

Arogundade, R (on the application of) v Secretary of State for Business, Innovation and Skills, Court of Appeal – Civil Division, July 16, 2013, [2013] EWCA Civ 823

http://vlex.com/vid/-449689582

Student Loan Company case – Nigerian student and ordinary residence

Chilab v King’s College London [2013] EWCA Civ 147

Regulations in force at the time of registration are to apply

Matin v. University College London [2013] EWHC 2474 (Admin)

Notifying withdrawal from a course promptly

When did student withdraw?  Student wanting to return.

Unsuccessfully pursuing a complaint to the bitter end

Crawford, R (on the application of) v The University of Newcastle Upon Tyne [2014] EWHC 162 (Admin) (31 January 2014).

Medical student unsuccessfully retaking final examination sought review of mark awarded on procedural grounds, first through the OIA and then through judicial review.  He did not succeed.

Challenges to decisions of the Office of the Independent Adjudicator

 Burger v Office of the Independent Adjudicator for Higher Education [2013] EWHC 172

http://www.bailii.org/ew/cases/EWHC/Admin/2013/172.html

Assessment criteria and marking scheme – to be published to examinees?

The OIA lists on its website the judicial review applications made against it and their outcomes

http://www.oiahe.org.uk/about-us/judicial-review.aspx