CCP Graduate School Limited v The Secretary of State for Education
[2023] EWHC 1910 (KB)
Mark Wetherell v Student Loans Company Limited
13 June 2024
[2024] EWHC 1443 (KB)
High Court
Someone sued a government company (SLC) that handles student loans, claiming it broke EU rules. The court said the company wasn't powerful enough to be held responsible under those rules, and the person suing didn't provide enough evidence. The court also found that even if there were some problems implementing the rules, SLC wasn't responsible.
Key Facts
- •Mark Wetherell (Appellant) brought a personal injury claim against Student Loans Company Limited (Respondent).
- •The claim was based on the alleged direct enforceability of European Directives 2009/104/EC and 2003/10SEC against the Respondent.
- •The Respondent is a government-owned, non-profit making executive non-departmental public body.
- •The Appellant argued the Respondent was an 'emanation of the state' and thus subject to the Directives' direct effect.
- •The County Court dismissed the claim, finding the Respondent was not an emanation of the state.
- •The Appellant appealed, arguing insufficient evidence was considered by the lower court.
- •The Appellant did not provide additional evidence during the appeal.
Legal Principles
Direct enforcement of European Directives against an emanation of the state.
Foster v British Gas [1991] 2 AC 306
A body is an emanation of the state if it is responsible for providing a public service under state control and has special powers beyond those of normal private individuals.
Foster v British Gas [1991] 2 AC 306
Judicial notice of facts.
Dodson v North Cumbria Integrated Care NHS Trust [2021] ICR 1699
Failure to implement European Directives.
R (United Road Transport Union) v Secretary of State for Transport [2013] EWCA Civ 962 and Redgrave’s Health and Safety
Outcomes
Appeal dismissed.
The Respondent, while government-owned and administering the student loan scheme, lacked the 'special powers' required to be considered an emanation of the state under Foster v British Gas. Insufficient evidence was presented to support the Appellant's claim.
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