Higher Education

Litigation

We regularly advise Universities on student related complaints and claims and acted on behalf of the University of Oxford, in a claim brought to the High Court for damages by Faiz Siddiqui, who sought £1m from the University for failing to award him a first class degree. His claim alleged “negligently inadequate teaching" which affected his overall grade and a "marked deleterious effect" on his subsequent career. We successfully defended the claim on behalf of the University.

Recovery of funds

Working on behalf of a group of HEIs, we aided the recovery of their wholesale deposits from the failed Icelandic banks between 2009 and 2015 and the sale of their residual ISK in 2019/20. This included advice on their eligibility for FSCS compensation; entitlement to compensation from the Icelandic Deposit Guarantee scheme; and dealing with the banks' administrators in the UK and Iceland, including representing their interests on creditor committees.

Collaborations and joint ventures

We provided a Russell Group university with advice on its validation agreement with a European education institution. We also advised an English university on its corporate joint venture (via a LLP) with an international pathway provider

HR advice

Advising a university on gender pay gap and equal pay concerns.  We advised a university on how to tackle systemic pay differentials in its professorial group – female lecturers tended to be paid less than male colleagues.  We advised on strategies for removing the pay gap in a legally safe way, in particular to avoid potential equal pay claims for historic differentials and mitigate the risk of complaints from certain male employees.

Brexit immigration implications

We provided a leading London university with a bespoke series of briefings to their EU and EEA national employees on the legal implications and options arising from the Brexit vote. This included a summary of the EU law framework supporting the principle of free movement of workers; the current immigration status of EEA nationals in the UK; forecasts of the potential impact of Brexit on immigration law; the Government's latest proposals; and the steps that EEA nationals can take to obtain greater legal protection at this stage.

Subsidy Control (previously State Aid)

Our Subsidy Control team supported a university in-house legal team on the implications of grant funding, obtained via the Local Growth Fund. The funding enabled the redevelopment of a part-owned university site, and legal advice was required on the enhancing of a proposed flood alleviation scheme - being prepared by the Environment Agency; residential accommodation; and the refurbishment of a run-down industrial estate to create an attractive venue for high-end research.

Construction and Real Estate

We provided a Russell Group university with advice on its potential claims for defective works by a contractor to one of its Grade II Listed buildings, design issues in the heating systems in a newly constructed student accommodation and a claim for damage as a result of a flood during works to construct a new science facility.

We have also assisted a major university on the acquisition of an extensive hospital site with multiple occupiers, which involved complex overage provisions and leasebacks.

Grant Funding

We assisted a university on a number of research funding issues, including grant funding for research infrastructure which would also be open to use by third parties, and business incubator units to foster the relationship with the local research based entrepreneurs, and develop the local economy, as well as providing an outlet for academic staff to test ideas in the context of commercial opportunities.

Consumer Rights

We advised a number of HEIs on the consumer rights law implications of changes to course content and delivery to distance learning during the pandemic.