University College London Case: High Court issues order on UCL students suing university

Students at University College London, including Indian students, had moved the UK High Court against tuition violations brought on by Covid-19 because of disruptions in study access. Nearly 1,000 current and former students, whose studies were impacted by Covid, were represented by attorneys who testified before the high court of London that their clients felt ‘cheated’ and should be allowed to sue for damages.

Students filed a lawsuit against University College London (UCL), claiming that it violated its ‘promises’ by moving tuition online and restricting access to libraries and labs during the pandemic without giving any relief on the fees. As part of this ‘Student Group Claim’, law firms acting for the students, Asserson Law Offices and Harcus Parker Limited, also applied to the King’s Bench Division of the High Court for a Group Litigation Order (GLO) to manage the claim going forward, which was heard on 24 May 2023. A GLO is a case management procedure where multiple claims sharing common issues can be dealt with as one single claim.

The latest on the UCL student court case is that on July 17, the UK High Court ordered an eight-month pause of the Court proceedings brought by a group of current and former students in response to changes in teaching during the pandemic and industrial action to allow for alternative dispute resolution procedure (ADR) to be explored.

Both parties have been encouraged to discuss an appropriate form of ADR during the Court imposed stay of eight months. The Court has made it clear that the Claimant’s lawyers will need to properly detail each of the students’ complaints if any ADR is to be successful.

The High Court has already been clear that, if successful, alternative dispute resolution procedures will have the benefit of saving legal costs and time. Halfway through this period, at four months, either party can apply to lift the stay if insufficient progress is made with ADR.

Does this mean students can sue their universities? According to the university, this is not what the judge was asked to decide on. The Claimants applied for a Group Litigation Order, and their application was refused at this point. UCL, however, applied for a stay of the Court proceedings to allow for ADR to take place, which the Court granted.

The Court commented that it was unlikely to grant the GLO in the future unless and until the Claimants have provided further information to determine whether there are sufficient common or related issues to warrant the making of a GLO.