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Liability Risk and Insurance

No breach of the right to education

The Court of Appeal allowed an appeal in part against the decision of a judge to dismiss a claim for damages against the School by the claimant. The Court of Appeal held that there was no breach of the right to education under the European Convention for Human Rights where an excluded pupil was offered adequate or appropriate substitute education during the period of an unlawful exclusion which had been imposed in proper circumstances though in improper form since the essence of the right was not invaded.

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