Cases by students against tertiary education institutions that make it to trial are rare beasts. Abramova v OXILP [2011] EWHC 613 gives the following points of interest:-
– a claim about substandard service is not barred by the “academic judgment” doctrine in e.g. Clark v Humberside University
– the test is, or is akin to, the Bolam v Friern Barnet Hospital test i.e. was the provision of a standard that a reasonable provider would have given?
– if you are claiming substandard service, you will probably need expert evidence to make your case good.
Peter Oldham QC