Key Facts
- •Claimants: Former UCL students claiming breach of contract due to disruption caused by industrial action and the COVID-19 pandemic.
- •Defendant: University College London (UCL).
- •Claims: Breach of contract for failure to provide in-person tuition and access to facilities; seeking performance-based damages and damages for distress.
- •UCL's Defence: Denies breach of contract, citing contractual clauses permitting online teaching and facility restrictions; raises estoppel, causation, and mitigation.
- •Prior Proceedings: Eight-month stay granted for Alternative Dispute Resolution (ADR) attempt.
- •Number of Claims: Over 5000 claims, with potential for more.
- •Application: Claimants applied for a Group Litigation Order (GLO).
- •Court: King's Bench Division, High Court of Justice.
Legal Principles
Group Litigation Order (GLO) criteria under CPR Part 19.
CPR 19.21, 19.22
Court's general case management powers under CPR 3.1.
CPR 3.1
Considerations for GLO applications (consolidation or representative parties).
PD 19B para 2.3
Binding effect of decisions in test cases.
Abbott and others v Ministry of Defence [2023] EWHC 2839 (KB)
Proper particularisation of claims in group actions.
Manning & Napier v Tesco plc [2017] EWHC 3296 (Ch)
Outcomes
GLO application refused.
Court found that existing case management powers suffice; GLO would not promote fairness, save costs, or improve efficiency; test cases will address common issues, with precedent binding other claimants.
Test cases to proceed.
To determine common issues of liability and quantum, with findings binding other claimants via precedent and res judicata.
Case management order made.
Addresses issues such as service of documents, responses to requests for information, schedules of information, and costs sharing.