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Education law update

Salima Mawji and Abla O’Callaghan ask when is pursuing a contractual claim an abuse of process in higher education litigation

20 February 2014

The issues that arise from bringing a case that can arguably fall under more than one head of claim have recently been explored in the case of John Scarborough v Canterbury Christ Church University (Claim No. 2IR64251). The decision has considerable practical implications given the differences in time limits between the different heads of claim such as in contract and public law. The case concerned a university student, the claimant, who had brought a contractual claim that the university, the respondent, stated was an abuse of process as it should have been pursued as a public law claim and/or as a claim for disability discrimination. The claim was brought against the university as the claimant considered that the university had breached their contractual obligations towards him by failing to support his educational needs.

Cross-appeal

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