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Masthead Education - Litigation

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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.

News headlines

Dec 13, 2017

Upper Tribunal judge refuses to set aside flawed SEN school ruling

The First Tier Tribunal made a legal error in a case concerning which school a child with special needs should attend, but not one so serious that it required its decision to be set aside, an Upper Tribunal judge has ruled.
Nov 21, 2017

Campaigners to challenge DfE policy on collecting birth and nationality info

Campaigners are looking to crowd fund a legal challenge over the Department of Education’s (DfE) policy of collecting country of birth and nationality information on eight million children in England.
Nov 14, 2017

Campaigners to crowd fund legal challenge over primary school closure

A campaign group is seeking to crowdfund £4,500 to challenge Norfolk County Council’s decision to close a Great Yarmouth primary school.
Oct 31, 2017

Court rejects challenge to dismissal of student over comments on homosexuality

The University of Sheffield was right to dismiss a student from a professional social work course after he posted hostile comments about homosexuality on a website, the High Court has found.
Oct 17, 2017

Council withdraws decision to refuse humanist place on religious education body

A humanist has won the first round of a case against Vale of Glamorgan Council’s refusal to seat her on its standing advisory council on religious education (Sacre).

Features and analysis

The Pre-Action Protocol for Debt Claims

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John Schmitt sets out and discusses the newly in force Pre-Action Protocol for Debt Claims, which applies to public bodies - amongst others - claiming payment from an individual.

Finding fundamental dishonesty

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Does dishonesty or fraud have to be pleaded for the court to make a finding of fundamental dishonesty? Chris Booth reports on a Court of Appeal ruling.

Separate but (not?) equal

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Ofsted recently won a high-profile Court of Appeal case over a Birmingham school’s practice of segregating boys and girls over the age of nine, despite it being nominally a mixed school. Richard O'Dair analyses the ruling.

Challenging Ofsted

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In a surprising twist to the long running saga‎ of Durand Academy the High Court ruled that a damning Ofsted report, following an inspection late last year, should be quashed. Andrea Squires reports.

Older articles

Oct 17, 2017

Ofsted wins Court of Appeal case over segregation at Birmingham school

Ofsted has won a Court of Appeal case over a Birmingham school’s practice of segregating boys and girls over the age of nine, despite it being nominally a mixed school.
Oct 06, 2017

QOCS and multiple defendants

A defendant against whom the claimant discontinued was not able to seek to enforce and ‘set-off’ its costs against the damages/interest paid to the claimant by the ‘unsuccessful’ defendants. Caroline Cousins reports.
Sep 22, 2017

HMCTS delays launch of flexible operating hours pilots to February 2018

HM Courts & Tribunals Service (HMCTS) has put back the launch of the Flexible Operating Hours pilots until February next year.
Sep 13, 2017

Equalities watchdog sets up £500k fund for discrimination in education cases

The Equality and Human Rights Commission has launched a £500,000 scheme aimed at fighting discrimination in education.
Sep 07, 2017

Campaigners threaten judicial review over proposed hospital closure

Campaigners against the closure of a Huddersfield hospital have said they will take the local NHS trust to judicial review.
Aug 10, 2017

No more QOCS cherry picking

The Court of Appeal has shut the door on Qualified One-way Costs Shifting (‘QOCS’) cherry picking, writes Adam Burrell.
Aug 09, 2017

Bar chief demands clarity on evaluation of court flexible operating hours pilots

The Chair of the Bar, Andrew Langdon QC, has demanded clarification of the approach to be taken to evaluating the court flexible operating hours pilots and warned that unless barristers’ concerns are addressed, then they will be “very unhappy about…
Aug 04, 2017

Senior judge attacks “ill-informed comments” about flexible court hours pilots

The Judge in Charge of Reform has expressed regret at “the extent of the widely-broadcast misunderstandings and ill-informed comments from a range of sources” on the Flexible Operating Hours Pilots.
Aug 03, 2017

SENDIST and local authorities

LexisPSL Local Government, in partnership with Shazia Akhtar of Hardwicke Chambers, look at the role and procedures of the Special Educational Needs and Disability Tribunal, and set out the issues of which local authorities should be mindful.
Jul 31, 2017

Extend protective costs rules to all judicial review claims: Lord Justice Jackson

The protective costs rules in environmental cases should be adapted and extended to all judicial review claims, Lord Justice Jackson has recommended.
Jul 28, 2017

ADR and unreasonable refusal

A recent Court of Appeal decision demonstrates an unexpected approach to the costs consequences of refusing to mediate. Gwendoline Davies and Lynsey Oakdene explain and offer their practical advice.
Jul 20, 2017

Falls causing serious injury

Following the judgment of the Court of Appeal in Edwards v Sutton London Borough Council the Courts have again considered the question of the duties of occupiers and highway authorities in relation to a fall causing serious injury. Lea Brocklebank…
Jul 14, 2017

Court of Appeal rejects appeal against injunction over contents of 11-plus tests

The Court of Appeal has rejected an appeal against a final injunction restraining the appellant from publishing or disclosing the contents of 11-plus tests used by a county council.
Jul 05, 2017

Judge rejects claim of failure to provide acceptable education for autistic boy

A High Court judge has rejected a judicial review challenge brought against Wolverhampton City Council over an alleged failure to provide acceptable education for an autistic boy.
Jun 23, 2017

Costs budgets and detailed assessment

The Court of Appeal has handed down judgment in an important costs budgeting case involving a NHS trust. Roger Mallalieu sets out its findings.
Jun 21, 2017

Head threatens legal action over misinformaton about school on social media

A headteacher has threatened legal action against anyone spreading misinformation about his school on social media.
Jun 16, 2017

Roberts v Johnstone and the discount rate

Andrew Parker, Paul Taylor and David Williams analyse a recent High Court ruling on the impact of a recent change in the discount rate on a Roberts v Johnstone claim for accommodation.
Jun 15, 2017

Muslim man with learning difficulties need not fast or be shaved during Ramadan

A muslim man with severe learning difficulties need not observe the Ramadan fast or be shaved in accordance with religious practice, a Court of Protection judge has ruled.
Jun 09, 2017

Recovering costs – helpful hints (private law)

James E. Petts sets out some key considerations for local authorities looking to recover their costs.
Jun 02, 2017

Bar Council proposes protocol for court sitting hours

The Bar Council has called for the adoption of a new Court Sitting Hours’ Protocol for all hearings in the High Court, County Courts, Crown Courts, Magistrates’ Courts and Tribunals, amid concerns that a tendency has developed to list cases…

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