Akme Student Law Library (original) (raw)
New for 2006: the Akme Student Law Library
A new resource, unique on the Web, providing a free archive of cases and other materials relating to university-student and college-student contract law, a subject of rapidly growing importance with the arrival of, and doubtless steady increase in, top-up fees and student indebtedness. Oxford, of course, is leading the litigious way. Click for a more detailed Press release and explanation, for Akme's 2-page Student litigation guide and for a short Akme glossary of legal terms, Latinisms and abbreviations. It is also worth reading the Association of Heads of University Administration (AHUA) Legal Services Guidance Note, 2001 (know your enemy). The law library is at present confined to UK cases, which (for students) mostly provide pretty disheartening reading, but as a google of the phrase 'student-university contract' will quickly demonstrate, US law and practice is a hundred miles further down the road than the UK's. Courage, braves!
Useful preliminary read: GETTING WHAT THEY PAID FOR Consumer Rights of Students in Higher Education. Article in Griffith Law Review (Australia, 2006) Volume 15, number 2 by Patty Kamvounias and Sally Varnham.
INDEX OF UK CASES
Roughly speaking, one can identify nine different (though inter-related) topic areas, sorted below in date order. Bracketed numbers (e.g. 1/3) indicate the first in a series of judgments and (tr) indicates a Times report. Once a would-be litigant has identified their likely area, I suggest reading through the selected cases in order and in all their arcane, often arid, complexity, if only to get an idea of the sort of argument that attends the cases that finally end up in court (only a very small proportion). This archive can serve as a useful introduction only, and the cases included in it will probably lead to further required reading available in a local (university?) law library. A list of recommended further reading and a set of links to relevant Acts follow. All contributions are welcomed. - A. M.
1. Disputes about admission/membership: Essex 1969 (tr) - Patel 1978 (1/2) -Casson 1982 - Moran 1993 (1/2) - Reilly 1995.
2. Disputes about grants and fees: Orphanos 1985 (1/2) - LB Bexley ep Jones 1994 - Ruthless 2004.
3. Disputes about disciplinary matters, expulsion etc.: Aston ep Roffey 1969 - Essex 1969 (tr) - Glynn 1970 - Bolchover 1970 (tr) - Herring 1973 - Patel 1978 (1/2) - Manchester ep Nolan 1993 - Sheffield Hallam ep R 1995 - D v. Queens Belfast 1997.
4. Natural justice/fair hearing: Durayappah 1967 - Aston ep Roffey 1969 - Glynn 1970 - Bolchover 1970 (tr) - Herring 1973 - Oakes 1987 - Sheffield Hallam ep R 1994 - Reilly 1995 - Liverpool JM ep Hayes 1997 (1/3) - Leeds ep Manders 1997 - Central England ep Sandhu 1999 - Cambridge ep Persaud 2000 - Chelsea CAD ep Nash 2000 (1/4).
5. Freedom of speech: (obviously a huge area of law, here only sampled) Liverpool ep Caesar-Gordon 1990 - UCL ep Riniker (1/2) 1994.
6. Questions of jurisdiction, visitor vs. high court: R v. Hertford 1878 - Thorne 1966 - Durayappah 1967 - Patel 1978 (1/2) - Casson 1982 - Hines 1985 (1/4) - Thomas 1987 - Oakes 1987 - London ep Vijaytunga (1/2) 1987 - Pearce (1/2) 1989 - Liverpool ep Caesar-Gordon 1990 - Page (1/2) 1991 - UFC ep IDS 1993 - Middle Temple ep Bullock 1996 - Thirunayagam 1997 - Nottingham ep K 1997 - M v. London Guildhall 1998 - Clark 2000 - Cambridge ep Persaud 2000.
7. Complaints about university courses, services, teaching, accommodation: D'Mello 1970 (tr) - Sunday Times (unidentified) 1/8/1999 - Cambridge ep Persaud 2000 - Austen _v._Wolverhampton 2002 - Sunday Times (Hurstpierpoint) 10/11/2002 - Ruthless - Sunday Times (Bristol Uni) 10/5/2009 - Guardian 19/5/2009.
8. Negligence, duty of care: (obviously another huge area of law, here only a single sample) Fowles 1990
9. Disputes about examination marking and grading: Sammy 1964 (tr) - Thorne 1966 - Aston ep Roffey 1969 - Oakes 1987 - Saleh 1992 (tr) - Manchester ep Nolan 1994 - Middle Temple ep Bullock 1996 - Leeds ep Manders 1997 - Thirunayagam 1997 - Liverpool JM ep Hayes 1997 - M v. London Guildhall 1998 - Central England ep Sandhu 1999 - Clark 2000 - Chelsea CAD ep Nash 2000.
Cases listed alphabetically by complainant. More cases will be added in due course.
Casson vs. University of Aston in Birmingham 1982 [1983] 1 All ER 88
University - Higher education corporation - Visitor - Jurisdiction - Contract - Petitioner offered and accepted place to study particular course - University unable to mount course, offered alternative - Petitioner accepted, seeking damages for breach of contract - Damages - Moneys wrongfully withheld - Whether visitor has jurisdiction to order payment
Clark vs. University of Lincolnshire and Humberside [2000] 3 All ER 752
University - Student - Higher education corporation - New university created by statute - University amenable to judicial review - Claimant disputing examination mark and bringing action for breach of contract late - Whether dispute justiciable - Whether claim an abuse of process.
D'Mello vs. Loughborough College of Technology [1970] The Times 17 June 1970
Student of oil industry economics - new course, not as advertised in prospectus - breach of contract - held that it was for college to decide conduct of course
Durayappah vs. Fernando [1967] 2 AC 337
Privy Council - Ceylon - Public Authority - Quasi-judicial functions - Minister's order superseding municipal council for incompetence - Rule of natural justice - "audi alteram partem" - No opportunity given to council to be heard in defence - Whether order voidable or a nullity - Municipal Ordinance (cap. 252) s. 277 (1).
D vs. Queens University of Belfast [1997] ELR 431 CA
University - Lecturer - Termination of probation - D appointed to lectureship subject to probation - Board of curators recommended appointment not be confirmed - Whether rules and procedures for dismissal of established lecturer applicable to probationer
Fowles vs. Bedfordshire County Council 1995 [1996] ELR 51
Negligence - Occupiers' Liability Act 1957, s 2 - Local authority youth house with gymnastics facilities - Plaintiff's supervisor not qualified - unsupervised access to equipment - Plaintiff attempted somersault near wall, now quadriplegic - Whether LA in breach of statutory duty or negligent - Contributory Negligence Act 1945, s 1(1) - Apportionment of liability
Glynn vs. Keele University 1970 [1971] 1 WLR 487
Natural justice - Hearing - Duty to hear parties - Quasi-judicial function - Vice-chancellor's power to suspend students and exclude from residence - Injunction - Discretion
Herring vs. Templeman [1973] 3 All ER 569
Natural justice - Hearing - Duty to act fairly - Teacher-training college - Academic board recommended that student be dismissed - Student not present at meeting - Board's report given to student prior to meeting of governing body - Student's right to be heard - Governing body's refusal to reconsider or reveal reasons
Hines vs. Birkbeck College (1) 1985 [1986] Ch 524, [1985] 3 All ER 156, [1985] 2 WLR 97
Hines vs. Birkbeck College (2) 1987 [1987] Ch 457
Hines vs. Birkbeck College (3) 1991 [1992] Ch 33
Hines vs. Birkbeck College (4) 1994
University - Visitor's jurisdiction - Dismissal by college - Deprivation of title - Compensation - Per rem judicatam - Estoppel
Moran vs. University College, Salford (1) [1993] The Times, 23 November 1993
Moran vs. University College, Salford (2) [1994] ELR CA 187
University admissions procedures - Polytechnics' Central Admissions System - Unconditional offer made as a result of a clerical error - Intention to create legal relations - Binding agreement - Consideration - Detriment - Estoppel by convention - Exercise of discretion - Injunction
M vs. London Guildhall University 1997 [1998] ELR 149 CA
University - Jurisdiction - M not awarded degree, brought proceedings based on negligence, breach of contract and misrepresentation in Mayor's and City of London Court - Claim struck out as disclosing no cause of action - Abuse of process - M sought judicial review
Oakes vs. Sidney Sussex College, Cambridge 1987 [1988] 1 All ER 1004
University - Visitor - Jurisdiction - Domestic disputes - Undergraduate sent down for failing examinations, brings action for breach of contract and natural justice - Whether undergraduate a member of college - Whether visitor a general or special visitor - Whether dispute in exclusive jurisdiction of visitor.
Orphanos vs. Queen Mary College, London (1/2) 1984 [1985] 2 All ER 233
Orphanos vs. Queen Mary College, London (2/2) [1985] 2 WLR 703 (House of Lords)
Education - Students' fees - Overseas students - Cypriot resident in England for education purposes only, not "ordinarily resident" in E.E.C. - "Ordinarily resident" includes residence for education purposes only - Entitlement to difference between overseas fees rate and home fees rate - Discrimination, Race - Race Relations Act 1976 (c. 74), ss. 1(1)(b), 17, 57(3), 72
R vs. Hull University ex parte Page (1/2) 1991 [1991] 4 All ER 747, [1991] 1 WLR 1277, [1992] ICR 67
Page v Hull University Visitor (2/2) 1992 [1993] 1 All ER 97, [1993] AC 682, [1992] 3 WLR 1112, [1993] ICR 114, [1993] 10 LS Gaz R 33, [1993] NLJR 15, 137 Sol Jo LB 45
University - Academic staff - Dismissal - 'good cause' - Jurisdiction - Whether employment properly terminated
Patel vs. University of Bradford Senate (1/2) [1978] 3 All ER 841, 1 WLR 1488
Patel vs. University of Bradford Senate (2/2) [1979] 2 All ER 582, 1 WLR 1066
Student excluded - Visitor - Modern university - No visitor appointed by Crown - Jurisdiction - Dispute as to Membership of corporation - Right of access
Pearce vs. University of Aston (1) 1989 [1991] 2 All ER 461, CA
Pearce vs. University of Aston (2) 1989 [1991] 2 All ER 469, CA
University - Academic staff - Dismissal - Jurisdiction - Dispute between university and members of staff - Statutes of university making no provision - Lecturers seeking to restrain university from proceeding - Whether court or visitor having jurisdiction in dispute - Education Reform Act 1988, s 206(1)(2)
Reilly vs. University of Glasgow 1995 [1996] ELR 394
University admissions - R applied to study medicine, but was rejected - R sought judicial review - Alleged breach of natural justice - Failure to advise of work experience requirement
R vs. Board of Governors of Sheffield Hallam University and others ex parte R 1994 [1995] ELR 267
Expulsion from university - Trainee teacher on course expelled after hearing by committee of academic board - Expulsion procedures - Requirement of adequate warning - Ostensible bias of committee chairman - Appeal to board of governors - Challenge on procedural grounds - Exercise of discretion - Order of mandamus in addition to certiorari
R vs. Chelsea College of Art and Design ex parte Nash (1) [2000] CO/4225/95
R vs. Chelsea College of Art and Design ex parte Nash (2) [2001] EWHC Admin 538, The Times 25 July 2001
R vs. Chelsea College of Art and Design ex parte Nash (3) [2001] EWHC Admin 601, CO/3569/2000
R vs. Chelsea College of Art and Design ex parte Nash (4) [2002] EWCA Civ 69
University - Examination - Conferring of degrees - Claimant disputed marks, cited extenuating circumstances - Meeting took place but matter not considered - Evidence not disclosed - Reasons for decision - Credibility of witnesses - Whether the judge erred
R vs. Hertford College, 0xford [1878] 3 QBD 693
Oxford college - Mandamus - Fellowship - Visitor - Universities Tests Act, 1871 (34 Vict. c. 26) - Endowment with Religious Test - Hertford College Act, 1874 (37 & 38 Vict. c. 55).
R vs. Hull University ex parte Page 1991 see under 'Page' above.
R vs. Leeds Metropolitan University ex parte Manders 1997 [1998] ELR 502
Student - University - M seeking review of decision of board of examiners, invoking grievance procedure - Complaint of bias - Failure to provide details of mitigating circumstances - Determination before grievance procedure completed - Judicial review - Delay - Extension of time
R vs. Liverpool John Moores University, ex parte Hayes (1) [1997] Q.B. CO/404/95 20/6/1997
R vs. Liverpool John Moores University, ex parte Hayes (2) [1997] [1998] ELR 267 7/11/1997
R vs. Liverpool John Moores University, ex parte Hayes (3) [1998] ELR 267 C.A. 18/5/1998
University - Natural justice - Fairness of reconsideration of matters by same assessment board - Academic judgments - Internal university procedures - Judicial review - Relief court can grant
R vs. London Borough of Bexley ex parte Angela Bridget Jones [1994] CO 3013/93
Discretionary award - Education Act 1962, s 1 - Applicant's second or subsequent degree - Designated courses - LEA's policy, refusal of discretionary award - Whether proper consideration of exceptional cases - Whether LEA's discretion unlawfully fettered
R vs. Manchester Metropolitan University, ex parte Nolan 1993 [1994] ELR 380
Disciplinary procedures, hearings - Common Professional Examination - Denial of justice - Unacceptable bias - Propriety of staff participation - Rational or proportionate response to an offence - Exercise of discretion
R vs. Oxford University ex parte Bolchover 1970 The Times 7 October 1970
Student expelled - alleged assault - mistaken identity - disciplinary procedures - proctors - natural justice - application for certiorari refused
R vs. Universities Funding Council ex parte Institute of Dental Surgery 1993 [1994] 1 All ER 651
University research assessment exercise - Duty to give reasons for decisions - Judicial review - Classes of case where there is duty to give reasons - Academic judgments not in such class - Procedure in such cases
R vs. University College, London ex parte Ursula Riniker (1) 1994 [1995] ELR 213 9/9/94
R vs. University College, London ex parte Ursula Riniker (2) 1994 [1995] ELR 213 16/12/94
Freedom of speech - Universities, polytechnics and colleges - Education (No2) Act 1986, s 43 - Teacher of German successfully bringing claim for unfair dismissal, offered and refused monetary compensation - UCL offered renewal of employment subject to conditions relating to language centre and entry to premises - Whether contractual powers of UCL limited by statutory guarantee of freedom of speech
R vs. University of Aston ex parte Roffey [1969] 2 QB 538
University - Students - Natural justice - Student sent down for failing examination - Whether student to be heard in defence before decision to send down - Certiorari - Mandamus - Delay - Discretion
R vs. University of Cambridge ex parte Persaud 2000 [2001] ELR 64
University - Student - Difficulties with supervisors - Reports from supervisor and senior academic - Decision to remove P from register of graduate students - Fairness - P not provided with reports - Identity of senior academic not disclosed - Duty to give reasons - Whether application of policies fettered university's discretion - Delegation of power to senior academic - Whether board acted ultra vires - Challenging academic decisions
R vs. University of Central England ex parte Iqbal Sandhu 1998 [1999] ELR 121
University - S awarded pass degree, submitted dissertation late - S awarded no marks for dissertation - Dispute as to whether oral extension granted - Whether university had erred in law in granting no extension and awarding no marks - Whether disproportionate - Whether inquiries adequate
R vs. University of Liverpool ex parte Caesar-Gordon 1990 [1991] 1 QB 124
University - Freedom of speech - Permission for political meeting - Possibility of public disorder within and without university - University refusing permission - Whether in breach of statutory duty to ensure free speech - Whether having power to restrict publicity and admission to meetings - Education (No. 2) Act 1986 (c. 61), s. 43
R vs. University of Nottingham ex parte K 1997 [1998] ELR 184
Judicial review - University visitor - Exclusive jurisdiction - K failed teaching practice in post-graduate certificate of education - Sought judicial review - Whether visitor had exclusive jurisdiction - Whether application brought promptly
R vs. Visitor to the University of London ex parte Vijaytunga 1987 [1988] QB 322
R vs. Her Majesty in Council (Visitor to the University of London), ex parte Vijaytunga 1989 [1990] 2 QB 444
University - Visitor's jurisdiction - Failure to be awarded degree - Complaint that examiners were unqualified in student's subject - Petition to visitor - Jurisdiction of visitor in matters of academic judgment
R vs. Visitors to Middle Temple ex parte Bullock [1996] ELR 349
Visitors - B was student on Bar Vocational Course at Inns of Court - Failed assessments - Mitigating circumstances - Appeal to review board - Petition to visitor - Jurisdiction of visitors
Saleh vs. University of Dundee 1992 The Times 23 December 1992
Dispute over examination procedure, resubmission of PhD thesis - University sought advice from external examiner - quasi-judicial capacity - held that university entitled to seek advice
Sammy vs. Birkbeck College 1964 The Times 3 November 1964
Dispute over degree certificates and grades - Plaintiff alleged breach of contract, fraud, negligence - Plaintiff acted in person, increased difficulty, lost claim
Thirunayagam vs. London Guildhall University 1997 14th March
Law student - University - Disputed exam result - No visitor appointed - Jurisdiction - High Court not a court of appeal
Thomas vs. University of Bradford [1987] AC 795, 1 All ER 834, [1987] ICR 245
University - Visitor's jurisdiction - Dismissal of lecturer - Claim that dismissal was ultra vires - Failure by university to follow procedures laid down in statutes and regulations - Application for stay pending consideration by visitor - Whether dispute in exclusive jurisdiction of visitor - Application to strike out
Thorne vs. University of London [1966] 2 WLR 1080
University - Examination - Conferring of degrees - Alleged misjudging of candidate's examination papers - Matter for visitor - Action by candidate for negligence and mandamus - No jurisdiction in High Court.
University of Essex vs. Ratcliffe 1969 The Times 28 November 1969
Former student banned from campus - new university - students not members of corporation - registration required - held that university entitled to exclude former student
Newspaper articles (chronological)
1/8/1999 The Sunday Times Student wins £30,000 for poor teaching at college. No names given, other cases "pending". Almamater's the word.
31/7/2002 The Daily Telegraph University pays out £30,000 to dissatisfied law student. Wolverhampton provides "an excellent learning experience". Plus dedicated link.
10/11/2002_The Sunday Times_ Private school pays out for poor teaching. Hurstpierpoint caught out.
15/10/2004 The Times Higher Education Supplement, Deech warns of false claims. Report by Phil Baty on warning by Dame Ruthless about breaches of prospectus promises.
January 2006: Oxford introduces contract
Oxford's proposed contract (pdf) can be accessed via the OUSU website introduction. Newspaper reports below:
26/1/2006 Oxford Student plus risible leader comment.
31/1/2006 The Times and response letters.
1/2/2006 The Guardian G2 feature with comments by Germaine Greer and John Sutherland plus snippets by ac-celebs.
1/2/2006 The Financial Times.
1/2/2006 Birmingham Post.
2/2/2006 Oxford Student.
3/2/2006 The Times Higher Education Supplement plus acute comment by Frank Furedi.
3/2/2006 The Daily Telegraph comment piece by Tom Utley.
3/2/2006 Cherwell.
4/2/2006 The Independent entertaining piece by Howard Jacobson.
9/2/2006 Oxford Student Leader comment by Julian Nicholds (NUS) plus Exam feedback
23/2/2006 Oxford Student Students' charter
24/2/2006 Cherwell Students' charter.
10/2/2006 The Times Higher Education Supplement, They just want our money. Report by Tony Tysome on growing dissatisfaction amongst foreign students attending UK universities.
5/2/2006 The Observer New contract will ask prisoners for a promise to go straight . Another, vaguely related, nonsense.
21/4/06 The Times Higher Education Supplement, Lawyers cash in if degrees derailed. Lead report by Tony Tysome on the wig-men's field-day in AUT pay dispute.
20/4/06 The Independent, Legal threat over lecturers' dispute. Spin-off report by Sarah Cassidy.
11/9/06 The Guardian, Students told: turn up or face expulsion. NUS condemns university contracts. Front page lead report by Education Correspondent James Meikle. Oxford's 9/11.
12/9/06 Akme exclusive Oxford declares War on Error. Bachelor O'Farts reports that under the university's new contracts, if students make essay mistakes, they may be 'sent up'. Also linked version.
14/9/06 The Independent No wonder students shun their lectures. Incisive comment piece by Johann Hari.
24/9/06 The Sunday Times Student Section Be Good or Else. Contract news, plus Mary Braid & Sally Brampton advise complaining about teachers & alcoholics. Link to OIAHE (Officer of the Independent Adjudicator for Higher Education), a quasi-Ombudsperson aka Baroness Ruth Deech. Site includes 21 recent decisions (via news and reports).
2/3/07 The Times Higher Education Supplement, Deech wants ombudsmen for each campus to deter litigation. Lady Ruthless tries to head off trouble.
17/8/07 The Times Higher Education Supplement, Big rise in students seeking redress. Front page lead story and page 6 investigation by Rebecca Attwood. The Busy Baroness.
10/5/09 The Sunday Times Students at top university revolt over teaching standards. Report by Jack Grimston on a mutiny, Bristol fashion.
19/5/09 The Guardian College complaints rise amid copying fears. 900 cases in 2008.
21/3/10 The Sunday Times Students revolt as 150 are crammed into one tutorial. Report by Jack Grimston on the timeliness of feedback at Manchester.
14/2/11 The Times Universities told to prove value for money. Report by Greg Hurst on new 'contact time' obligations.
Further recommended reading
Evans, G. R. & Jaswinder Gill (2001) Universities and Students A guide to rights, responsibilities and practical remedies. Kogan Page/THES (UK), Stylus Publishing (USA) ISBN 0-7494-3465-1. Rrp (UK): £18.99. Recommended by Akme as the most comprensive and up-to-date all-round UK survey, and probably available in your university library (if not, demand that it be ordered).
Evans, G. R. (2000) Resolving Complaints and Grievances in Universities the way forward. Council for Academic Freedom and Academic Standards, Southampton.
Evans, G. R. (1998) Calling Academia to Account rights and responsibilities. Society for Research into Higher Education, Buckingham.
Farrington, D. (1998) The Law of Higher Education 2nd edn, Butterworths, London.
Farrington, D. and Mattison, F. (1990) Universities and the Law. Conference of University Administrators Legal Group, Reading University Press, Reading.
Hyams, O. (1998) Law of Education, Sweet & Maxwell, London.
Quality Assurance Agency. Search under 'Codes of Practice'. QAA, Gloucester.
Links to relevant Acts
Data Protection Act 1998
Disability Discrimination Act 1995
Education (No 2) Act 1986
Education Reform Act 1988 (pdf)
Education (Student Loans) Act 1990
Education (Student Loans) Act 1996
Education (Student Loans) Regulations 1998
Further and Higher Education Act 1992
Human Rights Act 1998
Public Interest Disclosure Act 1998
Race Relations Act 1976 (Amendment) Regulations 2003
Regulation of Investigatory Powers Act 2000
Sex Discrimination Act 1975 (Amendment) Regulations 2003
Unfair Contract Terms Act 1977 (DTI website)
Unfair Terms in Consumer Contracts Regulations 1994, 1999
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