HEARING DATE: 4 August 1987
Education - University - Visitor's jurisdiction - Dismissal of professor by college - University committee recommending deprivation by university of title and status - Whether subject to jurisdiction of college and university - Whether dispute within exclusive jurisdiction of visitor
INTRODUCTION:
APPEAL from Hoffmann J.
The Court of Appeal dismissed the appeal of the plaintiff, Albert Gregorio Hines, from the decision of Hoffmann J. [1986] Ch. 524, who had ordered to be struck out his claims against the first defendant, Birkbeck College, for a declaration that its dismissal of him from his employment as a professor of economics was ultra vires, null and void, and against the second defendant, the University of London, for an injunction restraining it from depriving him of his title of professor and status as an appointed teacher, on the basis that they fell within the exclusive jurisdiction of the visitor of the respective defendants and that the court therefore lacked jurisdiction to intervene.
COUNSEL:
The plaintiff in person.
James Munby for the first defendant.
Mark Studer for the second defendant.
PANEL: Dillon, Stephen Brown and Neill LJJ
JUDGMENT BY DILLON LJ:
In a judgment with which Stephen Brown and Neill LJJ agreed, said, after considering fully the arguments advanced and authorities cited by the plaintiff: The judgment of Hoffmann J has, as a matter of law, been approved by the House of Lords in Thomas v. University of Bradford [1987] A.C. 795; [1987] 2 W.L.R. 677, 690; it is not for us to differ. The House of Lords has not of course decided the plaintiff's case but the views expressed by the House of Lords are the guidelines by which we have to decide that case. We are concerned particularly with the application of what are now those guidelines by Hoffmann J. I cannot see even beginnings of a successful argument that Hoffmann J has erred in his judgment and, without any hesitation, I would dismiss this appeal.
SOLICITORS:
Solicitors: Dawson & Co.; Clifford Chance
Reported by CLIVE SCOWEN ESQ., Barrister-at-Law