November 4, 2025
On 28 October 2025, the High Court handed down judgment in Marples v Secretary of State for Education [2025] EWHC 2794 (Ch), in which it dismissed a claim against the Secretary of State for Education for damages of up to £37 million for alleged misfeasance in public office and negligence.
The claim followed a request made in December 2016 by Aspire Achieve Advance Ltd (3AAA), a provider of apprenticeship services under a contract with the Skills and Funding Agency (the ‘SFA’), for the SFA’s approval for a change of control to a private equity purchaser. The SFA declined to approve the change of control. Shortly thereafter, the proposed purchaser withdrew. Some of the shareholders of 3AAA’s parent company sued the Secretary of State for damages in respect of that decision, alleging that it amounted to misfeasance or was negligent.
In his judgment after a 15-day trial, Mr Justice Rajah dismissed the claims. The Court held that there was no targeted or untargeted malice (in respect of the misfeasance claim), and that the SFA did not owe a duty of care to the Claimants when taking the decision (in respect of the negligence claim). The Court also held (in relation to both causes of action) that the Claimants had failed to establish causation of any loss, including because 3AAA’s value was the same before and after the SFA’s decision. The judgment also contains a consideration of the principles applicable to permission to rely on expert evidence.
Zara McGlone acted for the Secretary of State, led by James Segan KC and Tom Cleaver of Blackstone Chambers, and instructed by the Government Legal Department.
Read the judgment.
