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Russell Gray v Marlborough College

An independent school had acted fairly in requesting the removal of a pupil with a poor disciplinary and academic record and had adequately consulted with the pupil's parent as required by the school's own standard terms and conditions.

6 October 2006

The appellant (G) appealed against the dismissal of his claim against the respondent independent fee-paying school (M) for a declaration that a decision by M to remove G's son (R) from the school for unsatisfactory conduct was in breach of contract. R was a boarding pupil. His disciplinary record and academic performance were poor. M invited G to discuss R's future at the school and informed him that R was not making the necessary progress and that it would be in his best interests if he were to be withdrawn. M then informed G that it intended to remove R from the school at the end of term under r 6(a) of the school's standard terms and conditions, which permitted such removal at the request of the school after consultation with a parent. G claimed that that was in breach of an agreement he had reached with M that R's entry into the sixth form would be conditional on satisfactory GCSE results. R then achieved results in his GCSE examinations well above M's minimum requirements for e...

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