PLT Masthead 430

Masthead Education - Litigation

Right of Way 34826038 s

Publicly held land and village greens

The Court of Appeal has handed down a landmark judgment on use of publicly held land. Ashley Bowes, Jonathan Clay and Matthew Lewis consider the implications.

News headlines

Jun 11, 2018

City council faces judicial review over £5m SEND funding reduction

Bristol City Council has become the latest local authority to face a judicial review challenge over a decision to cut funding for special educational needs and disabilities.
May 24, 2018

Families apply for judicial review challenge to SEN policy of council

Law firm Irwin Mitchell has applied to take the London Borough of Hackney to judicial review on behalf of families granted legal aid to challenge its special educational needs policy.
May 24, 2018

Education regulator in Wales awards £1.7m contract to law firm

The Education Workforce Council in Wales has awarded a £1.7m contract to law firm Kingsley Napley to provide presenting officer services.
May 23, 2018

Judge criticises SEN Tribunal for Wales for refusal to accept case

A judge has made withering criticisms of the Special Educational Needs Tribunal for Wales, which he said had been wrong both to refuse to accept a case for appeal and to try to influence him as to its merits.
May 23, 2018

Council "did not have vires to lease part of common to pre-school nursery"

The London Borough of Wandsworth did not have the vires to lease premises situated on a common to a private pre-school operator, the Court of Appeal has ruled.

Features and analysis

Costs in public law cases

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Alexander Campbell analyses a recent Court of Appeal ruling on costs that has important lessons for local authorities conducting assessments.

Teachers and disclosure of relationships

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The Supreme Court recently upheld the fairness of the dismissal of a head teacher, for non-disclosure of a relationship with a convicted sex offender. Phil Allen looks at the lessons from the judgment.

Reverter of school site

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The heirs to a landowner who donated a site for a school more than 100 years ago recently claimed a substantial proportion of the proceeds of sale held by a council. James Goudie QC explains the outcome.

Fundamental dishonesty in PI claims

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The High Court has provided the first authoritative guidance on the meaning of ‘fundamental dishonesty’ in the context of personal injury claims. Roger Jones and Martin Stockdale explain the ruling.

Older articles

Apr 26, 2018

Asylum-seeking A-level student wins first round in battle over right to study

A teenager barred from studying by the Home Office because of her immigration status has won the first round of a legal challenge.
Apr 25, 2018

More than 1,000 university students sign up to group claim over lost teaching time

More than 1,000 students in the UK have signed up to a group claim for breach of contract over lost teaching time against universities affected by industrial action, the law firm behind the scheme has said.
Apr 05, 2018

Parents and carers eye judicial review of changes to SEN funding by Hackney

A group of parents and carers of children with special educational needs and disabilities in Hackney are crowd funding a potential legal challenge to the London borough’s plans to make changes to SEND funding.
Mar 29, 2018

Teachers and disclosure of relationships

The Supreme Court recently upheld the fairness of the dismissal of a head teacher, for non-disclosure of a relationship with a convicted sex offender. Phil Allen looks at the lessons from the judgment.
Mar 19, 2018

Bullying by judges should not be tolerated, says Chair of the Bar

Bullying of barristers and other lawyers by judges has no place in the courts, the Chair of the Bar, Andrew Walker QC, has said, after press reports highlighted the issue.
Mar 16, 2018

County faces legal action over £20m cut to services for disabled children

A group of families has threatened Surrey County Council with a judicial review challenge over its decision to cut its schools and special educational needs and disabilities (SEND) budgets by £20m.
Mar 16, 2018

Reverter of school site

The heirs to a landowner who donated a site for a school more than 100 years ago recently claimed a substantial proportion of the proceeds of sale held by a council. James Goudie QC explains the outcome.
Mar 15, 2018

Head teacher fails in Supreme Court challenge to dismissal over failure to disclose

The Supreme Court has unanimously dismissed an appeal brought by a head teacher who was sacked after she failed to disclose her friendship with a convicted sex offender to a local authority.
Mar 14, 2018

Court rejects claim against council brought by heirs of donor of school land

Oxfordshire County Council does not owe money to the heirs of someone who donated land more than 100 years ago to provide a school, a High Court judge has ruled.
Mar 14, 2018

University vows to robustly defend legal action over quality of degree course

Anglia Ruskin University has said it will robustly defend legal action brought by a former student over what she has said were misleading claims about the quality of teaching.
Mar 08, 2018

Supreme Court to rule next week on disclosure obligations of head teachers

The Supreme Court will next week (14 March) rule on the scope of a head teacher’s contractual obligation of disclosure and her right to a private life.
Mar 06, 2018

Parents criticised for approach to Equality Act in case over education of daughter

A judge has criticised two parents for their use of the Equality Act 2010 in a series of legal cases brought over their daughter’s education.
Feb 21, 2018

Litigants in person must get familiar with rules, practice directions: Supreme Court

Unless civil procedure rules and practice directions are “particularly inaccessible or obscure”, it is reasonable to expect a litigant in person to familiarise himself with those which apply to any step he is about to take, the Supreme Court has…
Feb 16, 2018

DfE faces legal action over collection of data of children in ‘alternative provision’

The Department for Education is facing a legal challenge over its decision to instruct local authorities to provide data on children who have been moved out of the mainstream school system.
Feb 07, 2018

Campaigners to crowd fund legal action over conversion of school to academy

Campaigners against the conversion of a Newham primary school to academy status have launched a crowdfunding page to try to raise the money needed to take the dispute to judicial review.
Feb 06, 2018

Legal Aid Agency cancels procurement of education and discrimination services

The Legal Aid Agency has cancelled its procurement process for CLA (Civil Legal Advice) education and discrimination services from 1 September 2018.
Feb 02, 2018

Fundamental dishonesty in PI claims

The High Court has provided the first authoritative guidance on the meaning of ‘fundamental dishonesty’ in the context of personal injury claims. Roger Jones and Martin Stockdale explain the ruling.
Jan 24, 2018

Council defends decision that education, health and care plan not necessary

The Upper Tribunal has dismissed an appeal that claimed Birmingham City Council had been wrong on three grounds when it decided an education, health and care (EHC) plan was not necessary for a 10-year-old child.
Jan 17, 2018

Council to be prosecuted following death of school pupil

The Health and Safety Executive is to prosecute Bridgend County Borough Council following the death of Ashley Talbot, a pupil at Maesteg Comprehensive School, on 10 December 2014.
Jan 04, 2018

Compliance with the cost budgeting process

The High Court has sent a firm message to litigants who seek to take advantage of the courts' hard-line stance on the cost budgeting process, writes Laura Murray.

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