Clark v University of Lincolnshire

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''Clark v University of Lincolnshire and Humberside''

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and UK enterprise law">enterprise law case, concerning the regulation of education.

Facts

Ms Clark claimed that the procedures for reviewing her grades were unlawful, after she got a third class degree from the University of Lincolnshire and Humberside (now called the

University of Lincoln , mottoeng = Freedom through wisdom , established = 1861 – Hull School of Art1905 – Endsleigh College1976 – Hull College1992 – University of Humberside1996 – University of Lincolnshire and Humberside2001 � ...

), established under the Education Reform Act 1988. Her computer had crashed, and the assignment she wrote on ''A Streetcar Named Desire'' in her Humanities undergraduate degree was lost. After she submitted some notes copied from a Methuen commentary, she was failed for plagiarism. On appeal the Academic Appeals Board decided this finding should be abandoned. It was, she was awarded zero, it was appealed again, and the same result. She claimed in contract that it was a breach. The University applied for a strike out action.

Judgment

High Court

The High Court held that breach of contract claims were not justiciable in the courts. She appealed, and the University argued it was an abuse of process to bring a contract action with a six year limitation period, rather than judicial review with a three month limitation period.

Court of Appeal

Sedley LJ held that the claim should not be struck out. The relationship of a university to a fee paying student was contractual and courts could adjudicate upon them. Much had changed since ''

O'Reilly v Mackman ''O'Reilly v Mackman'' 983UKHL 1is a UK constitutional law case, concerning judicial review. Facts Convicted prisoners claimed that a decision that they lost remission of their sentences, after a riot in Hull prison, was null and void because o ...

''. However, questions of academic judgment had to be excluded as unsuitable for adjudication by the courts: '' Hines v Birkbeck College''

986 Year 986 ( CMLXXXVI) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * August 17 – Battle of the Gates of Trajan: Emperor Basil II leads a Byz ...

Ch 524 applied. A claim against a public body for breach of contract should not be struck out simply because judicial review might be more appropriate. The CPR 1998 enabled courts to prevent unfair exploitation of the longer time limits for civil suits. Some aspects of were 'unsuitable' for adjudication 'because these are issues of academic or pastoral judgment which the university is equipped to consider in breadth and depth, but on which any judgment of the courts would be jejune and inappropriate'. But there was a public law dimension for statutory HEIs and judicial review available. This, with a 3 month time limit was preferable to the 6 year limit for contract. Ward LJ agreed.

Lord Woolf MR Harry Kenneth Woolf, Baron Woolf, (born 2 May 1933) is a British life peer and retired barrister and judge. He was Master of the Rolls from 1996 until 2000 and Lord Chief Justice of England and Wales from 2000 until 2005. The Constitutional R ...

agreed and added a set of points on ''

983 Year 983 ( CMLXXXIII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Diet of Verona: Emperor Otto II (the Red) declares war against the Byza ...

2 AC 237, Lord Diplock.

Notes

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References