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 and breach of contractual rules are arguable and may proceed; claim against Professor Sleeman is not struck out as abuse of process due to arguable cause of action; Article 6 ECHR does not override non-justiciability of academic judgment.

Citation
[2013] EWHC B43
Parties
Claimant: David Anthony Winstanley; Defendant: Professor Brian Sleeman; Defendant: University of Leeds
Jurisdiction
England and Wales
Judgment Date
13 December 2013
Procedural Posture
Civil / Interlocutory Application (strike Out/summary Judgment)
Outcome
Application to strike out claims relating to academic judgment granted; process-related claims and claims against Professor Sleeman not struck out.
Legal Topics
Breach of Contract, Negligence, Justiciability of Academic Judgment, Duty of Care, Limitation, Process Vs Academic Judgment, Article 6 ECHR
Contract Tort Education Law Breach of Contract Negligence Justiciability of Academic Judgment Duty of Care Limitation +2 more

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Parties

David Anthony Winstanley

Claimant

Professor Brian Sleeman

Defendant

University of Leeds

Defendant

Procedural Posture

Civil / Interlocutory Application (strike Out/summary Judgment)

Legal Issues

  1. 1 Are claims relating to academic judgment justiciable?
  2. 2 Does the university owe a contractual and/or tortious duty of care to the claimant?
  3. 3 Should claims against Professor Sleeman be struck out as otiose?

Ratio Decidendi

Claims relating to academic judgment are not justiciable and are struck out; claims relating to process and breach of contractual rules are arguable and may proceed; claim against Professor Sleeman is not struck out as abuse of process due to arguable cause of action; Article 6 ECHR does not override non-justiciability of academic judgment.

Court Disposition

Application to strike out claims relating to academic judgment granted; process-related claims and claims against Professor Sleeman not struck out.

Orders

  • Claims relating to academic judgment struck out.
  • Process-related claims and claims against Professor Sleeman may proceed.