Mills & Reeve has advised the University of Sussex on its successful appeal against a record fine for breaching free speech.
The university was fined £585,000 by the Office for Students (OfS) for breaching free speech regulations in a case involving its former professor Kathleen Stock. The decision sent shockwaves through universities across England.
This week’s ruling, described by the university as a ‘devastating indictment’, said the OfS had been biased, had ‘closed its mind’ when approaching the decision, and had unlawfully predetermined the decision.
In a written judgement handed down on 29 April 2026, Mrs Justice Lieven said the regulator of England’s universities had misunderstood the meaning of ‘freedom of speech within the law’ by treating any potential restriction of lawful speech as a breach of its regulatory requirements.
The Mills & Reeve team was led by partner, Helen Tringham, and senior associate, Tamsin Morris, with support from partners Richard Sykes and Sian Jackson; principal associate Kate Allen; and associates Justin Humphries, Claudia Roberts and Megan Watson.
Helen Tringham commented: “The judicial review and its findings shine a clear spotlight on the actions of the OfS, concerning its decision against the University of Sussex, which led to the largest ever monetary penalty being imposed by the higher education regulator.
“The court’s ruling demonstrates the important role that regulators have to play and the need for proportionate action through a fair and reasonable process when investigating organisations under their authority. This decision is not only significant for the higher education sector, but for any industry that comes under the scrutiny of a regulatory body.”
She added: “The judicial review demonstrates that a fair and due process was not followed by the OfS in this instance, highlighting unlawful use of its powers following a three-and-a-half-year investigation and a bias not seen in its approach towards other universities. We’re delighted with the outcome for the University of Sussex and hope it serves as a marker for how to develop a positive and collaborative relationship between organisations and regulators in future.”
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