Educational institutions have had to come to terms with a rapid growth in the number and variety of disputes such as issues connected with academic selection, sexual or ethnic discrimination and the rights of the disabled. There has also been a marked growth in the number and range of disputes of a contractual nature, often involving problems over the payment of fees. Universities and colleges accordingly have to be careful not to inadvertently create contracts  by making informal offers and also not to breach any contract that is already in existence.  Internal guidelines and regulations are essential to protect universities and many HEIs now issue a student “charter” or similar document to try to formalise the rights and obligations of the HEI and its students.

The issue of liability also arises in the context of an educational provider's duty of care to its students and any purported negligence by it.   Negligence claims have in the past been largely confined to cases of personal injury (including nervous breakdowns or stress) but recent case law suggests that claims for negligently failing to recognise a special need and for poor teaching may be successful.

Click here for a list of our experience in this area.