Edinburgh postgrad excluded from study has decision of Student Appeal Committee rejecting exclusion appeal quashed

By Mitchell Skilling

Chase Shaffar-Roggeveen, who enrolled to study towards a PhD in archaeology in 2019, argued that the Committee had acted unlawfully in taking the view that he had not provided sufficient grounds to appeal an exclusion decision. He averred that relevant factors had not been considered by the Committee, including supervisor bias and the fact that he had not been provided with information necessary to argue his case.

The petition was considered by Lord Lake, with J Barne KC appearing for the petitioner and N McLean, solicitor advocate, for the respondent.

Not given information

The outcome of the petitioner’s first annual progression review in 2020 was that he would be required to undertake a repeat review. He was provided with feedback from his supervisors, although he expressed the view that some of what he was being asked for was “silly and a waste of time”. The repeat review was conducted in October 2020, the outcome of which was a recommendation that the petitioner be excluded from study.

As was his right under the respondent’s conditions of study, the petitioner had an interview with the Dean of Postgraduate Education, Professor Bowd, who also concluded that he should be excluded after receiving comments regarding the insufficiency of his methodology from his supervisors. An appeal was sought, in which the petitioner argued that his supervisors were prejudiced against him, that inadequate consideration had been given to the fact that they were his examiners for review purposes, and that parts of the respondent’s code of practice had not been observed.

By letter of 1 December 2021, the Student Appeal Committee informed the petitioner that he had not set out sufficient grounds for his appeal to be considered. The petitioner contended that the Appeal Committee did not consider arguments presented to it to the effect that the original decision taken had been unfair because the petitioner was not given information he required in order to argue that he should not be excluded, concerning doubts about his research capability and the viability of his proposed thesis.

The respondent contended that, irrespective of whether he was entitled to reduction, there was no real possibility that the decision of the Committee would be different absent the defects contended for by the petitioner. Matters of academic judgement were non-justiciable, and it was notable that the petitioner did not seek the reduction of the Dean’s original decision to exclude him.

Crux of the reason

In his decision, Lord Lake said of the petitioner’s first appeal ground: “The petitioner was entitled to seek an interview to ‘make his case’ for why he should not be excluded. It is apparent that what is meant is that this was his chance to put forward his argument in response to the view that he should be excluded. This was his only opportunity in the process to do that. This meant that if the respondent had a ‘case’ for the basis on which exclusion was ultimately recommended, the gist of it should have been effectively communicated to the petitioner prior to that interview. That was not done.”

He continued: “While it is true that the petitioner received feedback and that a dialogue is not required, he was not told of doubts about his research ability or as to the viability of his thesis and it was these matters which were the crux of the reason that he was excluded. It was a question of informing him of the matter that was the core of the decision that would be taken in relation to him and not a matter of protracted dialogue. That the petitioner was not told of this was a matter that ought to have been considered by the Appeal Committee.”

Turning to whether the decision ought to be reduced, Lord Lake observed: “It is correct that the petitioner does not seek to reduce Professor Bowd’s decision. It is not correct, however, that the petitioner seeks to rely on failures in that decision in the petition. The grounds of challenge ultimately turn on the failure of the Appeal Committee to consider arguments that had been put forward as to why Professor Bowd’s decision was flawed and, as such, failed to take into account a material consideration.”

He concluded: “The issue here is concerned solely with the second decision. It is not suggested it is flawed simply because of the earlier decision. The flaws arise from failures in the process of taking the later decision. There is therefore no requirement to challenge Professor Bowd’s decision. The effect of reduction of the decision of the Appeals Sub Committee is that they must consider afresh whether to allow the appeal against Professor Bowd’s decision.”

The petitioner’s motion was therefore granted and the decision of the Committee reduced.

Axiom Ince acquires Plexus out of administration

Plexus North operates from one office in Edinburgh and is regulated by the Law Society of Scotland.

The deal, which safeguards 540 jobs without the need for any redundancies, adds to the 359 qualified lawyers and 442 other staff already under the Axiom Ince Ltd umbrella.

Headquartered in Leeds, Plexus is an insurance focused defence law firm with a national footprint which specialises in the handling and litigation of insurance claims. Plexus Legal LLP operates via six offices across England and is regulated by the Solicitors Regulation Authority (SRA). 

Axiom Ince Limited, is the combined legal entity of Axiom DWFM (Axiom) and Ince & Co after the former acquired the latter out of administration in May.

James Clark and Rick Harrison of Interpath Advisory were appointed joint administrators of Plexus Legal LLP and Plexus Law Limited, whilst Mr Clark and Blair Nimmo, also of Interpath Advisory, were appointed joint administrators of Plexus North LLP.

Commenting on the acquisition, Pragnesh Modhwadia, Axiom Ince Limited’s Global CEO, said: “We are excited to have the Plexus family join our fast-growing legal services business. This acquisition cements our commitment to further growth whilst safeguarding jobs and looking after client interests in increasingly turbulent financial and legal markets.

“We look forward to welcoming our new Plexus colleagues and working closely with them. We would also like to thank the team at Interpath Advisory for their stellar work in delivering this complex transaction as quickly as they have.”

ECtHR: Caster Semenya suffered discrimination over testosterone rules

Ms Semenya has a condition causing higher testosterone levels than most women. The South African athlete has been barred from her preferred race since testosterone level limits were introduced, necessitating medication.

The ECtHR ruled Ms Semenya’s human rights had been violated, overturning previous verdicts from the Court of Arbitration for Sport and the Swiss Federal Supreme Court.

The court stated: “The applicant had not been afforded sufficient institutional and procedural safeguards in Switzerland to allow her to have her complaints examined effectively, especially since her complaints concerned substantiated and credible claims of discrimination as a result of her increased testosterone level caused by differences of sex development [DSD].”

The judgment indicated violations of Article 14 of the European Convention on Human Rights, pertaining to discrimination, and Article 13 concerning the lack of effective remedies against discrimination.

Four of the seven ECtHR judges agreed Ms Semenya’s rights under Articles 13 and 14 had been violated.

Responding to the divided decision, World Athletics said: “We remain of the view that the DSD regulations are a necessary, reasonable and proportionate means of protecting fair competition in the female category…We will be encouraging [the Swiss government] to seek referral of the case to the ECHR grand chamber for a final and definitive decision.

“In the meantime, the current DSD regulations, approved by the World Athletics council in March 2023, will remain in place.”

Edward Gratwick: Inner House decision revises homelessness duty on local authorities

The decision also discusses the interaction of duties on local authorities under housing and equality legislation.

Background

The pursuer lives with her husband, and four children, one of whom is autistic. The pursuer qualified for temporary accommodation as she was homeless. Glasgow City Council provided a three-bedroom house on a temporary basis. The council’s occupational therapist assessed the family and found the autistic son should have his own bedroom. This meant the family required a four-bedroomed house.

The council had no four-bedroom properties available and other families were higher on the waiting list for similar properties. The family remained in a three-bedroom property until suitable permanent accommodation became available and the pursuer challenged this decision.

The first hearing decided the council’s duty to provide suitable temporary accommodation under the Housing (Scotland) Act 1987 was absolute (regardless of whether they had a four-bedroom property available). The court also said if it had not found in favour of the pursuer under housing legislation, it would have found in her favour under equality legislation. The Equality Act 2010 imposed a duty on local authorities to make reasonable adjustments to their practice of obtaining housing stock.

This decision imposed a significant burden on local authorities. It meant the council was under a duty to buy or build a four-bedroom property for the pursuer’s family.

Appeal

The council appealed that decision and the appeal court decided in its favour. There are key differences in duties of local authorities to provide temporary accommodation compared to permanent accommodation. A household’s requirements for permanent accommodation, including special needs considerations, does not determine whether a property is suitable for use as temporary accommodation.

The appeal court recognised the possibility of an emergency homelessness situation where a council did not immediately have accommodation available suitable for the specific permanent needs of a household.

The court also rejected the pursuer’s alternative case, based on alleged breaches of equality legislation. The pursuer argued the council had been under a duty to make “reasonable adjustments” to its practice of sourcing homeless accommodation from Registered Social Landlords to avoid putting her disabled son at a substantial disadvantage compared to persons who aren’t disabled.

The court held that there is no reason why accommodation obtained from a registered social landlord, as opposed to another source, would be less suitable for disabled persons. The issue in this case was to be assessed in accordance with housing legislation, not equality legislation.

Legislation

The decision provides important clarification for local authorities on the extent of their duties. There are significant pressures on both local authority and registered social landlord budgets which limit their ability to procure new accommodation. The decision recognises this hard reality.

The Equality Act is also increasingly relied upon by tenants in the context of repossession actions raised by councils and registered social landlords. Courts are asked to scrutinise the decision to evict in the difficult cases where the council or Registered Social Landlord feel there is no alternative to court action. This decision will be a reference point in those cases.

Edward Gratwick is a legal director at Addleshaw Goddard

Paul McLennan: The importance of the short-term let licensing scheme

A few weeks ago, I had the pleasure of spending a weekend celebrating my son’s wedding near Loch Lomond. The special occasion left me with food for thought about the importance of the Short Term Let Licensing scheme I’m now charged with seeing through, that was first consulted on in 2019.

Friends had come from far and wide to celebrate, without short-term lets many of them would not have been able to join us. Indeed, the rapid growth of short-term lets over the past decade globally has enabled many people to travel and visit places they previously would not have been able to, and it has brought many benefits to local communities and economies. Major European cities such as Barcelona and Paris have licensing schemes and have benefitted from their use. 

Growth in short-term lets, if left unchecked, also brings many risks in terms of safety and the impact to housing availability, and that is why the Scottish Government has acted to regulate the sector, bringing it in line with other accommodation such as hotels, caravan parks and houses of multiple occupation. 

If you were using your accommodation as a short-term let before 1 October 2022, you must apply for a licence before 1 October this year (2023) if you want to continue to operate until your application is determined. You are classed as a new host if you wish to start using your accommodation as a short-term let after 1 October 2022 and you must obtain a licence before you accept bookings and receive guests.

You will need to apply for a licence from the council where your accommodation is located. Every council has a licensing scheme, but it is extremely important that you check the exact conditions for your area. Once you have a licence you can count yourself as having certified accommodation. This will be a quality stamp to tell potential guests that you meet safety standards for them, bringing more confidence to our essential tourism sector. I am pleased to hear where there have been concerns with regards to the safety of some properties, these have been rectified allowing a licence to be issued.

It is important that you check requirements in your area as different councils are taking different approaches. This is natural, as what is right in Glasgow will not necessarily be right for the Western Isles. As we launch our New Deal with Local Government, I expect more of this empowerment, and locally tailored approaches, to be taken forward.

However, the recent Judicial Review in Edinburgh highlights that local policies must always comply with the relevant legislation and respect the rights of hosts and guests in short-term let accommodation. Edinburgh’s licensing scheme remains open to applications, considering that judgement.

Meanwhile, we will continue to be responsive in our operation of the scheme. Updates to our guidance have been developed with input from licensing authorities and the tourism sector, were recently published. This builds on the first nine months of operation and we will formally take stock of application levels, and any other implementation matters as we move forward. 

Thank you to everyone who has applied so far, and with three months to go until the deadline please get your application in soon so that you can welcome guests.

Paul McLennan is the Scottish government’s housing minister

Lawyers in line for £1m+ payouts as DWF set to go private

The potential deal could lead to substantial profits for both current and former partners holding shares in DWF. According to public filings, over three dozen shareholders are poised to reap more than £1m each.

Chief executive Sir Nigel Knowles could acquire £2.7m from the sale, plus an additional £2.25m from from shares subject to performance conditions given under a deferred bonus plan. Matthew Doughty, the chief operating officer, and former CEO Andrew Leaitherland, could each gain £2.7m.

If successful, the deal would remove DWF from the London Stock Exchange, just over four years after it became the UK’s largest listed law firm in 2019. The firm’s share value has since dropped by 40 per cent, despite a £95m increase after its listing. DWF’s shares rose 22p to 87.8p following news of the takeover discussions.

The proposed offer values DWF at 100p per share, including a conditional 3p per share special dividend.

DWF commented: “Discussions between DWF and Inflexion are ongoing and there can be no certainty that an offer will be made, even if the pre-conditions are satisfied or waived.”

Inflexion has until August 7 to make a formal offer.

Professor Norma Dawson awarded honorary degree by Edinburgh Law School

A distinguished scholar, she is best known for her work on property law, trademarks, and legal history. She taught one of the earliest courses on intellectual property in a UK university. She has recently published a book on the modern legal history of treasure.

Professor Dawson has a notable record of service. She is past president of the Irish Legal History Society (which awarded her its gold medal in 2022), and has served on the judicial commission of Northern Ireland, as an honorary Bencher of the Inn of Court of Northern Ireland, and as a trustee of the Hamlyn Trust.

She has served on the Broadcasting Council of Northern Ireland, the Judicial Committee of the Presbyterian Church of Ireland, and as a governor of Victoria College. In 2017, she was awarded the CBE for services to legal education and the legal profession. She has been an honorary professor in Edinburgh since 2018. A former colleague described her as “welcoming … helpful… and wise”.

Quote of the day

On two occasions I have been asked [by members of Parliament!], ‘Pray, Mr. Babbage, if you put into the machine wrong figures, will the right answers come out?’ I am not able rightly to apprehend the kind of confusion of ideas that could provoke such a question.

Charles Babbage, ‘Passages from the Life of a Philosopher’ (1864)

---

Once the computers got control, we might never get it back. We would survive at their sufferance. If we’re lucky, they might decide to keep us as pets.

Marvin Minsky, ‘Life Magazine’ (20 November 1970)

---

A year spent in artificial intelligence is enough to make one believe in God.

Alan Perlis, ‘Epigrams on Programming’ (1982)

And finally… ripped a new one

Expenses: A Civil Practitioner’s Handbook

Your complete guide to Expenses in Scotland

Takes into account new costs and funding legislation including Damages Based Agreements, QOCS and Taxation Rules

Covers many important and recent cases including Finlay v Borders Health Board, Van Klavern v Servisair UK Ltd and Ho v Adelekun.

Appendices provide full copies of: 1.The Qualified One Way Cost Shifting Regulations 2021, Success Fee Agreement Regulations 2020 and the Taxation of Judicial Expenses Rules 2019, the rules on Group proceedings and Pursuers’ Offers; 2. The Compulsory and Voluntary Pre-Action Protocols for personal injury claims; 3. Styles for Success Fee Agreements, Pursuers’ Offers and Tenders; 4. The Faculty Scheme for Accounting and Collection of Counsels’ Fees.

Written by practitioners for practitioners, this definitive handbook covers all of the main aspects of costs and funding issues encountered in the Scottish Civil Courts. It covers the routes to funding, when expenses may be sought, the court’s powers in awarding expenses and provides detail on issues including Success Fee Agreements, Qualified One Way Cost Shifting, Pre-Action Protocols, Pursuers’ Offers and Tenders, party Litigants, Amendment, Abandonment, Caution and Simple Procedure. It brings together all of the key legislation, court rules and judgments to provide a user-friendly and quick-reference guide to expenses law and practice.

Get 30% off your copy with discount code NEW30: https://edinburghuniversitypress.com/book-expenses.html

Why your law firm should partner with Denovo

When it comes to legal software providers, we emerge as a clear leader. With our cutting-edge solutions, commitment to innovation, and deep understanding of the legal landscape, Denovo stands out as one of the best partners if you are seeking to transform your practice.

One essential tool that has become indispensable for law firms is legal case management and accounts software. We all know what case management and accounts software is supposed to do and how your provider is supposed to work with your firm. However, not all case management software providers are created equal. It is crucial for law firms to select a provider who can work collaboratively to build and customise a platform that aligns with the unique needs of your firm.

Let’s explore some of the reasons why Denovo has become the go-to legal software provider for law firms in search of a trusted and forward-thinking partner.

Read more