Professional negligence and contractual claims
3PB barristers are frequently involved in handling professional negligence, tortious and contractual claims (including many construction disputes) involving education providers, including fee disputes and claims against Universities’ academic and disciplinary decisions such as reviewing marking decisions and cheating or plagiarism allegations. Our specialist barristers act for students, parents and education providers alike.
Increasingly claims are made on the basis of the relationship between a university and a student being essentially contractual. The University Student Handbook and website together with any other documentation form the terms of a contract. In a contract for the supply of services, there is an implied term about providing the service with reasonable care and skill under Section 13 of the Supply of Goods and Services Act 1982. Reasonable care and skill includes compliance with statutory duties such as those which are under the Disability Discrimination Provisions of the Equality Act 2010.
Door Tenants and Pupils are marked by the DT and P symbols.
Welcome to the 9th edition of our education law newsletter. Edited by Jim Hirschmann and Katherine Anderson, it features analysis and contributions from head of team Charlotte Hadfield, Katherine Anderson (who celebrated the publishing of her book), Emma Waldron, Olivia McGonigle, Jim Hirschmann and pupil Rosa Thomas.Continue reading
Case analysis covers: R (on the application of Swalcliffe Park School) v Wokingham Borough Council and another  EWHC 1451 (Admin); R (on the application of AI) v London Borough of Wandsworth  EWHC 2088 (Admin); MXX v A Secondary School  EWCA Civ 99; and Manchester University Hospital NHS Foundation Trust v JS and Others  EWCOP 33. The team also looks at potential student litigation that could arise out of the university marking and assessment boycott.
3PB Barristers have created a dedicated webpage on its website to act as a hub for the many articles, briefings and webinar and podcast recordings about lockdown laws and regulations as well as practical issues like court attendance, e-bundles, remote and hybrid hearings. The Coronavirus (COVID-19) pandemic continues to create employment, contractual and other legal challenges which are in many ways unprecedented. The impact of the virus is being felt, and in response, 3PB have...Continue reading
3PB’s specialist education barristers Alice de Coverley and Matthew Wyard have co-authored a two-part report, for students and schools separately, about today’s GCSE results day (20 August 2020). This follows their A Level advice guide and webinar earlier this week. The Department for Education (“DfE”) changed its approach in a major U-turn five days after the A Level results were released. The switch to centre assessment grades (rather than the standardised/moderated grades) will apply to...Continue reading
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