Winstanley v Sleeman & Anor [2013] EWHC B43 (QB) (13 December 2013)

Winstanley v Sleeman & Anor [2013] EWHC B43 (QB) (13 December 2013)

Claims relating to academic judgment are not justiciable and are struck out; claims relating to process or breach of contractual rules are justiciable and may proceed. The claim against the first defendant is not struck out as there is an arguable case, but the claimant is cautioned regarding costs if the claim is unnecessary.

Citation
[2013] EWHC B43 (QB)
Parties
Claimant: David Anthony Winstanley; First Defendant: Professor Brian Sleeman; Second Defendant: University of Leeds
Jurisdiction
England and Wales
Judgment Date
13 December 2013
Procedural Posture
Civil / Interlocutory Application to Strike Out Claim
Outcome
Application to strike out granted in part and refused in part.
Legal Topics
Breach of Contract, Negligence, Academic Judgment, Duty of Care, Justiciability, Limitation, Article 6 ECHR
Contract Law Tort Law Education Law Breach of Contract Negligence Academic Judgment Duty of Care Justiciability +2 more

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Parties

David Anthony Winstanley

Claimant

Professor Brian Sleeman

First Defendant

University of Leeds

Second Defendant

Procedural Posture

Civil / Interlocutory Application to Strike Out Claim

Legal Issues

  1. 1 Whether the claimant's complaints about academic judgment are justiciable by the court
  2. 2 Whether the claim discloses a reasonable cause of action in contract and/or tort
  3. 3 Whether the claim should be struck out as disclosing no reasonable grounds or as an abuse of process

Ratio Decidendi

Claims relating to academic judgment are not justiciable and are struck out; claims relating to process or breach of contractual rules are justiciable and may proceed. The claim against the first defendant is not struck out as there is an arguable case, but the claimant is cautioned regarding costs if the claim is unnecessary.

Court Disposition

Application to strike out granted in part and refused in part.

Orders

  • Claims relating to academic judgment struck out.
  • Claims relating to process and breach of contractual rules may proceed.