Category: universities

Alerter by Thomas Evans – Potential Group Action stayed for ADR – Henderson Chambers

Posted August 18th, 2023 in chambers articles, class actions, coronavirus, dispute resolution, news, stay of proceedings, universities by sally

‘The High Court has stayed a potential group action against University College London, which cancelled in-person teaching (due to industrial action and Covid-19) but without making any fee adjustments. Whilst the High Court did not require the parties to engage in any particular form of ADR, the stay was imposed in the context of the defendant’s proposal that the claimants should submit complaints to a statutory adjudication scheme. The stay was imposed against the wishes of the claimants, who – whilst expressing a willingness to engage in ADR – did not want to participate in the particular form of ADR proposed by the defendants.’

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Henderson Chambers, 27th July 2023

Source: www.hendersonchambers.co.uk

McGaughey v USS Ltd – derivative actions against directors of a corporate pension trustee – Pensions Barrister

Posted August 17th, 2023 in company directors, derivative claims, fiduciary duty, news, pensions, trusts, universities by sally

‘In McGaughey v USS Ltd [2023] EWCA Civ 873, two active members of the Universities Superannuation Scheme (the “USS”) applied for permission to continue a derivative action on behalf of the corporate trustee of the USS, Universities Superannuation Scheme Limited (“USSL”), against its current and former directors. USSL is a company limited by guarantee of which its directors were the members. By the derivative action, the two USS active members sought to cause USSL to sue the corporation’s directors for alleged breaches of the duties owed by the directors to USSL. The Court of Appeal refused to permit the claim to go forward.’

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Pensions Barrister, August 2023

Source: www.pensionsbarrister.com

British academic asks Foreign Office for formal apology over failure to spot torture during his detention in UAE – The Independent

Posted August 4th, 2023 in compensation, detention, foreign jurisdictions, government departments, news, torture, universities by tracey

‘The Foreign Office failed to notice signs of torture and provide help to a British academic during his detention in the United Arab Emirates, a watchdog has found.’

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The Independent, 4th August 2023

Source: www.independent.co.uk

The Case for Caution in Making Social Class a Protected Characteristic under the UK’s Equality Act 2010 – Oxford Human Rights Hub

Posted August 3rd, 2023 in education, employment, equality, news, universities by sally

‘Momentum is growing in the UK to make social class a statutory protected characteristic. The Co-Op, The British Psychological Society, and the Bridge Group, amongst others, have proposed legislative reform to prohibit class discrimination. This may look like an “easy win”, especially for political parties puzzling over their manifestos and wanting to signal tangible action to combat the cost-of-living crisis. Yet there are considerable risks that this legal reform would either achieve little or actually hamper initiatives to combat socio-economic inequality.’

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Oxford Human Rights Hub, 3rd August 2023

Source: ohrh.law.ox.ac.uk

What is changing for International Students in July 2023 – EIN Blog

Posted July 19th, 2023 in education, employment, news, universities, visas by tracey

‘From 17 July 2023, international students can only switch into a sponsored work route (the Skilled Worker or Scale-up Worker) after they have completed their course of studies. PhD students can switch into the sponsored work route 24 months after the start date of the course.’

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EIN Blog, 19th July 2023

Source: www.ein.org.uk

High Court directs UCL students to resolve their claim out of court – Law Society’s Gazette

Posted July 19th, 2023 in class actions, coronavirus, costs, dispute resolution, industrial action, news, universities by tracey

‘A judge has paused a multi-million-pound student group action claim against a London university over Covid and strike disruption and encouraged parties to resolve their dispute away from court.’

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Law Society's Gazette, 18th July 2023

Source: www.lawgazette.co.uk

UK students seek compensation for Covid-affected tuition – The Guardian

Posted May 25th, 2023 in compensation, complaints, coronavirus, fees, news, universities by tracey

‘Lawyers representing almost 1,000 current and former students whose studies were affected by Covid and strike action told the high court in London their clients felt “cheated” by their educational experience and should be entitled to seek compensation through the courts.’

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The Guardian, 24th May 2023

Source: www.theguardian.com

Renters Reform Bill: Warning changes could ‘decimate’ student market – BBC News

Posted May 25th, 2023 in bills, housing, landlord & tenant, news, universities by tracey

‘Plans to abolish fixed-term tenancies in England would “decimate” the student housing market, landlords have warned.’

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BBC News, 25th May 2023

Source: www.bbc.co.uk

Is “ethnocentric nationalism” protected by s.10 of the Equality Act?: Cave – Law & Religion UK

Posted May 22nd, 2023 in employment, employment tribunals, equality, news, political opinion discrimination, racism, unfair dismissal, universities by tracey

‘In Mr A Cave v The Open University [2023] UKET 3313198/2020, the OU received internal and external complaints in June 2020 about what was claimed to be racist material that Mr Cave had posted on Twitter and on a YouTube channel he had set up entitled “Renew Britannia” [6].’

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Law & Religion UK, 22nd May 2023

Source: lawandreligionuk.com

UK parliament to debate university statutory duty of care towards students – OUT-LAW.com

Posted May 22nd, 2023 in duty of care, education, health & safety, mental health, news, suicide, universities by tracey

‘As the UK parliament prepares to debate a petition by families of students that have died by suicide while at university, is it possible that additional statutory duties could be imposed upon UK’s higher education providers to protect the health, safety and wellbeing of their students, legal experts have said.’

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OUT-LAW.com, 19th May 2023

Source: www.pinsentmasons.com

New Act – legislation.gov.uk

Posted May 17th, 2023 in education, legislation, universities by tracey

2023 c. 16 – Higher Education (Freedom of Speech) Act 2023

Source: www.legislation.gov.uk

Student complaints in England and Wales at record levels, watchdog says – The Guardian

Posted April 20th, 2023 in complaints, education, news, statistics, universities by sally

University students made a record number of complaints last year to the higher education watchdog in England and Wales, which expressed concern about “increasing levels of distress among students who are struggling to cope”.

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The Guardian, 20th April 2023

Source: www.theguardian.com

Insurer wins court fight over University of Exeter bomb damage claim – BBC News

Posted March 23rd, 2023 in explosives, insurance, news, universities, war by tracey

‘An insurance company has won a High Court fight over its refusal to pay out on a claim for damage caused by the disposal of a World War Two bomb.’

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BBC News, 22nd March 2023

Source: www.bbc.co.uk

Universities rebuked over academic misconduct cases in England and Wales – The Guardian

Posted February 28th, 2023 in complaints, coronavirus, examinations, news, ombudsmen, penalties, reports, universities by sally

‘Universities have been reprimanded over unfair treatment of students accused of academic misconduct in a report by the higher education ombudsman for England and Wales.’

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The Guardian, 27th February 2023

Source: www.theguardian.com

Warwick student with cancer wins payout after university denied extension request – The Guardian

Posted February 24th, 2023 in cancer, damages, disabled persons, education, health, news, universities by sally

‘Warwick University has agreed to pay a student who is seriously ill with cancer £12,000 in damages for the “distress and inconvenience” caused by not allowing her to extend her course as a result of her health condition.’

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The Guardian, 23rd February 2023

Source: www.theguardian.com

Updated consumer law guidance for higher education providers welcomed – OUT-LAW.com

Posted February 21st, 2023 in competition, consumer protection, education, news, universities by tracey

‘Updated guidance for higher education (HE) providers announced by the UK Competition and Markets Authority (CMA) will help the sector ensure that their practices are compliant, according to one legal expert.’

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OUT-LAW.com, 20th February 2023

Source: www.pinsentmasons.com

Striking a balance on student migration to the UK – EIN Blog

Posted February 14th, 2023 in education, Hong Kong, news, statistics, Ukraine, universities, visas by sally

‘Net migration into the UK was 504,000 between June 2021 and June 2022, far higher than the previous record of 330,00. While the single biggest factor behind the rise in net migration was the new visas open to Ukrainians and BN(O) passport-holders from Hong Kong, it is the increase in the numbers coming to the UK on student visas that is the potential target of a government crackdown. Alan Manning argues that further research in this area is urgently needed.’

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EIN Blog, 14th February 2023

Source: www.ein.org.uk

Breach of trust, directors and corporate trustees: multiple derivative claims following McGaughey v USS – Wilberforce Chambers

Posted January 9th, 2023 in breach of trust, chambers articles, climate change, company directors, company law, costs, equality, news, pensions, universities by sally

‘It is commonplace now for the trustee of almost any sort of trust to be a company, and for the individuals who may colloquially be referred to as “the trustees” to in fact not be trustees at all, but to be the directors of the trustee company. Occupational pension schemes have been particularly keen adopters of this structure. In some respects it makes little difference to the beneficiaries: the trustee is the trustee, whether an individual or a company. But when the individuals involved are alleged to have acted in breach of their duties, the corporate structure allows for more complex claims than the ordinary breach of trust claim that would be brought against individual trustees.’

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Wilberforce Chambers, 20th December 2022

Source: www.wilberforce.co.uk

Covid: Uni students’ legal action over pandemic education – BBC News

Posted November 3rd, 2022 in complaints, coronavirus, education, fees, news, universities by sally

‘Thousands of students are taking legal action against their universities over their education during the pandemic.’

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BBC News, 1st November 2022

Source: www.bbc.co.uk

LiP support goes hybrid with 700 law student volunteers – Legal Futures

Posted October 17th, 2022 in charities, litigants in person, news, universities, volunteers by sally

‘The charity that supports litigants in person (LiPs) is launching an expanded university-focused service this autumn, offering a mixture of in-person and online advice.’

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Legal Futures, 17th October 2022

Source: www.legalfutures.co.uk