David Hammon & Ors v University College London

David Hammon & Ors v University College London

The court declined to make a Group Litigation Order, finding that while the threshold requirements for a GLO were met due to common issues of law and fact, the court's existing case management powers are sufficient and more appropriate for managing the litigation. A GLO would add unnecessary cost and delay without...

Source-derived case information.

Parties
Claimants: David Hammon and the other individuals identified in schedule 1 to the Claim Forms; Defendant: University College London
Jurisdiction
England and Wales
Judgment Date
07 October 2024
Procedural Posture
Civil Group Litigation Application / Ruling on Application for Group Litigation Order and Case Management Directions
Outcome
Application for Group Litigation Order refused; case to proceed under case management directions.
Legal Topics
Group Litigation Order, Case Management, Breach of Contract, Damages, Access to Justice
Contract Law Civil Procedure Group Litigation Order Case Management Breach of Contract Damages Access to Justice

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Parties

David Hammon and the other individuals identified in schedule 1 to the Claim Forms

Claimants

University College London

Defendant

Procedural Posture

Civil Group Litigation Application / Ruling on Application for Group Litigation Order and Case Management Directions

Legal Issues

  1. 1 Whether a Group Litigation Order (GLO) should be made for claims by students against UCL for breach of contract due to industrial action and COVID-19 measures
  2. 2 Whether UCL breached contractual duties to provide in-person tuition and access to facilities
  3. 3 Whether UCL could rely on contractual clauses to alter or restrict services without compensation

Ratio Decidendi

The court declined to make a Group Litigation Order, finding that while the threshold requirements for a GLO were met due to common issues of law and fact, the court's existing case management powers are sufficient and more appropriate for managing the litigation. A GLO would add unnecessary cost and delay without promoting fairness, saving costs, or improving efficiency. The parties' agreement on test cases and costs sharing can be implemented through case management directions, and the small likelihood of further claims does not justify a GLO.

Court Disposition

Application for Group Litigation Order refused; case to proceed under case management directions.

Orders

  • Test cases to be identified and tried as soon as possible in 2026.
  • Claimants to answer UCL's Request for Further Information by 1 September 2024.