David Hamon and Ors v University College London
[2023] EWHC 1812 (KB)
David Hammon & Ors v University College London
10 July 2024
[2024] EWHC 1744 (KB)
High Court
Many UCL students sued the university for bad teaching during strikes and Covid. Instead of one big court case, the judge decided to have a few smaller sample cases first. The results of those smaller cases will apply to everyone else.
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.
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