The writ issued against Hurstpierpoint College after a pupil failed to get the grade she needed for university could be the tip of a litigious iceberg.

Schools were once devoted simply to educating the next generation but may now have to consider a future of compensation claims.

Hurstpierpoint College, an independent school, is being sued for £150,000 by Robert Norfolk the father of former pupil, Kate, 19, for loss of her future earnings and emotional distress at failing her Latin A-level.

The test case looks set to leave schools wide open to future compensation claims from other students who feel it is the school's fault they didn't make the grade.

Kate was a first-class pupil at Latin, until a new teacher was brought in during her final A-level year.

The 16-page writ they have issued claims the teacher failed to teach her properly so she failed her exam, jeopardising her future career as a corporate lawyer.

They may be justified in their claims but it will set a worrying precedent for teachers who will have to be even more careful about what they teach and the way they teach it.

The educational establishment acknowledges the threat of law suits for bad marks but is keen to play down the significance.

Communications manager at West Sussex County Council Jane Robinson said: "It would be very sad if that were to happen. Time will tell but it would be very sad.

"I certainly have not heard of a case in one of our schools in West Sussex because it may not necessarily lie with the school anyway.

"It may be the examining board and the way it has been marked. The point is we are becoming a more litigious society and in other areas more people are reverting to law than we are used to.

"It's certainly not something we have seen in our schools. Obviously, if a pupil is expected to get an A and they get a bad grade, that is thoroughly investigated and in some schools where there have been a number of cases, not necessarily in Sussex, this has been taken up with the examining board.

"There have been cases recently where there has been a problem with the marking of papers. I think it is inevitable human error does creep in but it is still very unusual."

Ms Robinson said it may have more significance in areas where there were chronic staff shortages.

She said: "All our schools try to employ the best person for the job, so they would try to guard against employing anyone who would not be able to teach the subject to that particular level.

"That's the first safeguard and fortunately we have not had the major problems which some local authorities have had with some schools going on a four-day week.

"We obviously have teaching vacancies but we don't have a great number like some local authorities."

Sussex University politics professor Ted Tapper, who has a keen interest in education, was inclined to think there would be an increase in the number of cases, although he stopped short of suggesting the Hurstpierpoint law suit was the first of many to come.

He said: "I would have thought this was an exceptional case but I would not be surprised if we were to see more in the future.

"It might occur. It has to be in exceptional circumstances.

"In medicine, it's much more precise - as in my leg was broken and you didn't fix it properly. Why someone did not get a grade A at A-level is much more difficult.

"I am sure occasionally there must be poor teaching or no teaching but success or failure is dependent on a wide range of factors and tying it down to the teacher is pretty difficult."

Prof Tapper pointed out people who criticised the schools they went to were indirectly criticising themselves and effectively admitting they had a bad education.

He said: "There is an idea that if the consumer pays, you have to deliver. I think with schooling it's more difficult. Perhaps they may reimburse the school fees. That's one way of offering compensation.

"One of the problems is it's easy to say 'I went to this school and it was rubbish' but what you are saying is 'I didn't get a very good education'.

"We are in a litigious age but I can't see any increase in claims being dramatic. I am saying that in a common sense approach as a parent. In my experience of researching independent schools for many years it is pretty unusual."

The Hurstpierpoint case may be unusual but it is unlikely to be unique.

The case has yet to be heard in the High Court but if the Norfolk family does win its case, it will set a precedent for the teaching profession.

Headmaster of the college Stephen Meek wrote to the university on Kate's behalf and she is now studying ancient and modern history, as she wanted.

In a statement made by the college yesterday, it was revealed the teacher was no longer with the school and they admitted there had been a lapse.

But it did not admit liability and Mr Meek said they would be fighting the lawsuit, which they felt was an over-reaction.

The difficulty comes in weeding out the genuine claims from those of people who are just annoyed they did not make the grade.

Paul Shellard, member of the Brighton branch of the National Union of Teachers, said: "I hope this is not the norm because I don't think legal redress in such circumstances is going to be appropriate.

"There are so many factors to do with someone's performance in an exam.

"Providing teachers are teaching the right syllabus I think it would be difficult to single out teachers for blame for not achieving the results they wanted.

"There are a number of ways we are held accountable for results and I don't think using exam results of any individual would be fair.

"You could certainly suggest it would be another way in which teaching as a profession would be less desirable and would put pressure and stress on teachers."