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.