St George's, University of London v Rafique-Aldawery, R (On the Application Of) [2018] EWCA Civ 2520 (13 November 2018)

St George's, University of London v Rafique-Aldawery, R (On the Application Of) [2018] EWCA Civ 2520 (13 November 2018)

The Administrative Court erred by issuing rigid guidance that could compel students to initiate judicial review proceedings unnecessarily, contrary to the principle that judicial review is a remedy of last resort where the OIA provides an adequate alternative remedy. The appeal is allowed and the guidance is not to be followed as a general rule.

Citation
[2018] EWCA Civ 2520
Parties
First Appellant: St. George's, University of London; Second Appellant: University of Leicester; First Respondent: The Queen on the application of Mazz Rafique-Aldawery; Second Respondent: The Queen on the application of Mithilan Sivasubramaniyam; Interested Party: Office of the Independent Adjudicator
Jurisdiction
England and Wales
Judgment Date
13 November 2018
Procedural Posture
Appeal (civil) / Appeal From Administrative Court Judgment Issuing Stays in Judicial Review Proceedings
Outcome
Appeal allowed
Legal Topics
Alternative Dispute Resolution, Judicial Review as Remedy of Last Resort, Higher Education Complaints, Stays of Proceedings, OIA Scheme, Equality Act 2010, Consumer Rights Act 2015
Administrative Law Education Law Judicial Review Alternative Dispute Resolution Judicial Review as Remedy of Last Resort Higher Education Complaints Stays of Proceedings OIA Scheme +2 more

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Parties

St. George's, University of London

First Appellant

University of Leicester

Second Appellant

The Queen on the application of Mazz Rafique-Aldawery

First Respondent

The Queen on the application of Mithilan Sivasubramaniyam

Second Respondent

Office of the Independent Adjudicator

Interested Party

Procedural Posture

Appeal (civil) / Appeal From Administrative Court Judgment Issuing Stays in Judicial Review Proceedings

Legal Issues

  1. 1 Whether the Administrative Court erred in granting stays in judicial review proceedings pending OIA complaints
  2. 2 Whether the guidance issued by the judge was too rigid and prescriptive
  3. 3 Whether judicial review is a remedy of last resort where OIA is available

Ratio Decidendi

The Administrative Court erred by issuing rigid guidance that could compel students to initiate judicial review proceedings unnecessarily, contrary to the principle that judicial review is a remedy of last resort where the OIA provides an adequate alternative remedy. The appeal is allowed and the guidance is not to be followed as a general rule.

Court Disposition

Appeal allowed

Orders

  • Guidance issued by the Administrative Court is set aside and not to be followed as a general rule
  • No order as to costs or further relief specified