swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Education - From: 1993 To: 1993
This page lists 20 cases, and was prepared on 27 May 2018.
Yasanik v Turkey (1993) 74 DR 14
1993
ECHR
Human Rights, Education
(Commission) The applicant had been expelled from a military academy, and complained of the infringement of his article 2 rights. Held: There was no denial of the right to education because the Turkish education system also included civilian establishments in which he could enrol.
European Convention on Human Rights A2
1 Citers
Regina v Rochdale Metropolitan Borough Council, ex parte Schemet; QBD 1993 - (1993) 91 LGR 425; [1994] ELR 89
Blamire v South Cumbria Health Authority [1993] P1QR Q1
1993
CA
Garland J, Steyn LJ
Damages, Personal Injury, Education
When assessing damages for losses arising through professional negligence by a school, the court arrived at a lump sum representing the loss of the opportunity to gain employment at the end of a successful period of education. The onus of proving what the plaintiff would have earned had he not been injured and what he was now likely to earn rested on the plaintiff throughout.
1 Citers
Karaduman v Turkey (1993) 74 DR 93
1993
ECHR
Human Rights, Education
(Commission) The applicant had been refused a certificate of graduation because the school required a photograph of her without a headscarf and she was unwilling for religious reasons to be photographed without a headscarf. Held: There had been no interference with her article 9 right in that "by choosing to pursue her higher education in a secular university a student submits to those university rules, which may make the freedom of students to manifest their religion subject to restrictions as to place and manner intended to ensure harmonious coexistence between students of different beliefs".
European Convention on Human Rights 9
1 Citers
Board of Governors St Matthias Church of England School v Grizzle; EAT 4-Mar-1993 - Gazette, 21 April 1993; Independent, 04 March 1993
Costello-Roberts v The United Kingdom Independent, 26 March 1993; 13134/87; (1993) 19 EHRR 112; [1993] ECHR 16
25 Mar 1993
ECHR
Education, Human Rights
'Slippering', a punishment by hitting a child with a slipper, when used as part of school discipline was not a degrading punishment under the convention. Conduct must attain a minimum level of severity to engage the operation of the Convention.
European Convention on Human Rights 3 8 13
1 Citers
[ Bailii ] - [ Bailii ]
Kraus v Land Baden-Wurttemberg; ECJ 31-Mar-1993 - Times, 06 April 1993; C-19/92; [1993] EUECJ C-19/92
Regina v Gwynedd County Council, Ex Parte W Times, 25 June 1993
25 Jun 1993
QBD
Judicial Review, Education
Judicial review not available for headmaster's letter
Regina v Manchester Metropolitan University Ex Parte Nolan Independent, 15 July 1993
15 Jul 1993
QBD
Education
A university court was to have all the papers including those submitted in mitigation before making its decision.
Regina v Northamptonshire County Council and Another, ex parte K; QBD 27-Jul-1993 - Independent, 05 August 1993; Times, 27 July 1993
Regina v Universities Funding Council ex parte Institute of Dental Surgery; QBD 30-Jul-1993 - Independent, 28 September 1993; [1993] EWHC Admin 5; [1994] 1 WLR 241
Naik v University of Stirling; OHCS 5-Aug-1993 - Times, 05 August 1993
Regina v Bradford Metropolitan Borough Council Ex parte Sikander Ali Ind Summary, 22 November 1993; Gazette, 03 November 1993; Times, 21 October 1993
21 Oct 1993
QBD
Discrimination, Education, Local Government
A Local Authority may use traditional school catchment areas as a basis for admissions policies for initial allocation of schools, without this being racially discriminatory. They are a valid basis of choice, despite supervening population shifts.
Moran v University College Salford (Practice Guidance - Leave to Appeal) Independent, 26 November 1993; Times, 27 October 1993; Ind Summary, 29 November 1993
27 Oct 1993
CA
Contract, Litigation Practice, Education
An offer of a student place was capable of acceptance, but a mandatory injunction was refused. The court gave guidance on how to decide if leave was necessary to make an appeal to the Court of Appeal.
Rules of the Supreme Court 59 - Courts and Legal Services Act 1990 7(1)
Marchant and Others v Onslow Times, 12 November 1993
12 Nov 1993
ChD
Education
School site reverts to original grantors when land is not part of an estate.
School Sites Act 1841 2
1 Citers
Regina v Governors of Hasmonean High School Ex Parte B (Minors) Ind Summary, 06 December 1993
6 Dec 1993
CA
Education
There was no statutory duty on a school to accept parental preferences on admission.
Stephan Max Wirth v Landeshauptstadt Hannover Hannover C-109/92; [1993] EUECJ C-109/92
7 Dec 1993
ECJ
European, Education
Europa 1. Courses given in an establishment of higher education which is financed essentially out of public funds do not constitute services within the meaning of Article 60 of the EEC Treaty. Under the first paragraph of Article 60 of the Treaty, the chapter on services covers only services normally provided for remuneration. The essential characteristic of remuneration, which lies in the fact that it constitutes consideration for the service in question, is absent in the case of courses provided in an establishment of higher education which is financed out of public funds and where students pay only enrolment fees. Conversely, courses given in an establishment of higher education which seeks to make an economic profit and which is financed essentially out of private funds, particularly out of payments made by students or their parents, do constitute services within the meaning of Article 60 of the Treaty. 2. Where the courses concerned are followed in an establishment whose activities do not constitute services within the meaning of Article 60 of the Treaty, Articles 59 and 62 of the Treaty do not preclude a Member
EEC Treaty Art 60
[ Bailii ]
Regina v Essex County Council, Ex Parte C Ind Summary, 20 December 1993; Times, 09 December 1993
9 Dec 1993
CA
Education
Free transport to a school of the parents' choice is not a Local Authority obligation.
Education act 1944 76
Regina v Secretary of State for Education ex parte S Times, 26 January 1994
21 Dec 1993
QBD
Sedley J
Education
The Secretary of State is to disclose all advice on appeal against special needs assessment.
Education Act 1981 8
1 Cites
1 Citers
Regina v Dyfed County Council Ex Parte S (Minors) Independent, 21 December 1993
21 Dec 1993
QBD
Education, Discrimination
No Judicial Review was available for English speaking children who had allocated to a Welsh speaking school.
1 Citers