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03 November 2011
Issue: 7488 / Categories: Case law , Law digest , In Court
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Education

R (on the application of Maxwell) v The Office of the Independent Adjudicator for Higher Education [2011] EWCA Civ 1236, [2011] All ER (D) 232 (Oct)

The courts were not entitled to impose on the informal complaints review procedure of the Office of the Independent Adjudicator for Higher Education (OIA) a requirement that it had to adjudicate on issues such as whether or not there had been disability discrimination. Adjudication of that issue usually involved making decisions on contested questions of fact and law, which required the more stringent and structured procedures of civil litigation for their proper determination.

The OIA’s informal inquisitorial methods, which were normally conducted on paper without cross-examination and possibly leading to the making of recommendations in its final decision, meant that the outcome was not the product of a rigorous adversarial judicial process dealing with the proof of contested facts, with the application of the legislation to proven facts, with the establishment of legal rights and obligations and with the award of legal remedies, such as damages and declarations. It was contrary to

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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