header-logo header-logo

Universities urged to review procedures after Bristol loses appeal

15 February 2024
Issue: 8060 / Categories: Legal News , Equality
printer mail-detail
Bristol University breached the Equality Act 2010 by failing to make adjustments for its student Natasha Abrahart, the High Court has held

Abrahart, a 20-year-old physics student, took her own life in 2018 on the morning of a laboratory conference. She was suffering from depression and social anxiety disorder at the time, which amount to a disability under the Equality Act 2010 and which affected her ability to participate in oral assessments such as the laboratory conference.

The university appealed against a county court ruling that it breached the 2010 Act.

However, Mr Justice Linden dismissed the appeal this week, in University of Bristol v Dr Robert Abrahart [2024] EWHC 299 (KB). Linden J declined to go further and determine whether the university owed Abrahart a duty of care under the law of negligence as ‘the issue is one of potentially wide application and significance. Determining it would increase the risk of prolonging this litigation, which I regard as undesirable.’

Shannett Thompson, partner at Kingsley Napley, said: ‘In this case, the mitigation pleaded by the University of Bristol about the adjustments it made were considered insufficient.

‘Hitherto the relationship between a university and its student has been viewed as a contractual one, with no general duty of care owed. So [this] decision is a gamechanger in that respect. There is also a campaign for universities to have a statutory duty of care to students, but if and until that is enacted, this case opens the door for others to argue about a university's obligations. For example, that could potentially extend to the manner in which it conducts investigations and the safeguarding of participants involved.

‘This case should be a wake-up call for other universities to review their policies and procedures, ensuring they are robust and effective, especially where students have known mental health issues.’

Issue: 8060 / Categories: Legal News , Equality
printer mail-details

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll