David Hamon and Ors v University College London

17 July 2023

[2023] EWHC 1812 (KB)

High Court

Hundreds of students sued UCL for online learning during Covid and strikes. Instead of a big court case right away, the judge gave them 8 months to try to settle things outside of court using a special process for student complaints, or another way they all agree on. If that doesn't work, *then* they'll decide how to handle the big lawsuit.

Key Facts

•924 Claimants (with an intention to add 2,147 more) are current or former UCL students suing for breach of contract.
•Claims allege UCL failed to provide in-person tuition during 2017-2018, 2019-2020, 2020-2021, and 2021-2022 due to strikes and/or Covid-19 restrictions.
•Claimants paid substantial tuition fees (£9,250-£25,000+ p.a.) but did not receive the in-person tuition and facilities they contracted for.
•UCL denies liability, causation, and quantum, and argues for a stay to utilize the Office of the Independent Adjudicator (OIA) ADR scheme.
•Claimants applied for a Group Litigation Order (GLO), while UCL applied for a stay of proceedings.

Legal Principles

Court's power to stay proceedings to allow ADR

CPR 3.1(2)(f)

Active case management includes encouraging ADR

CPR r.1.4(2)(e)

Court's encouragement of ADR

CPR and pre-action protocols; Jet 2 Holidays Ltd v Hughes [2019] EWCA Civ 1858

Compelling ADR participation is not permissible.

Halsey v Milton Keynes NHS Trust [2004] EWCA Civ 576

Court can order a stay for ADR even if opposed; OIA scheme is not a court of law

Andrew v Barclays Bank [2012] CTLC 115; R (Maxwell) v OIA [2011] EWCA Civ 1236

Courts uphold clauses requiring ADR; stays until completion of dispute resolution procedure

Cable & Wireless v IBM UK Ltd [2002] CLC 1319; Kajima Construction Europe (UK) Ltd v Children’s Ark Partnership [2023] EWCA Civ 292

GLO jurisdiction requires common or related issues of fact or law and multiple claims; GLO aims to efficiently manage claims.

CPR 19.21, CPR 19.22

Proper particularisation of claims is required.

PD 19B para 3.2(5); Nomura International plc v Granada Group Ltd [2008] Bus LR

Outcomes

8-month stay of proceedings to allow ADR via OIA scheme or alternative.

To encourage ADR and potentially resolve claims efficiently, avoiding substantial litigation costs. Concerns regarding OIA’s capacity to handle a large-scale claim and its suitability for legal issues were noted.

GLO application adjourned.

Requires further information to identify common issues and appropriate grouping of claimants for efficient management. Also hinges on the success of the ADR process.

David Hamon and Ors v University College London

Key Facts

Legal Principles

Outcomes

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