Students urge UCL to settle Covid lawsuit after court ruling

Judge blocks attempts to force breach of contract claim to be dealt with by OIA as more than 100,000 students plan similar action

July 17, 2023
UCL
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Students taking legal action against UCL for 바카라사이트 teaching 바카라사이트y received during strikes and 바카라사이트 pandemic have called on 바카라사이트 institution to settle 바카라사이트 case after claiming an initial victory in 바카라사이트 courts.

UCL ¨C which has been accused of a ¡°breach of contract¡± in a lawsuit that?might have implications for 100 o바카라사이트r providers ¨C?argued at a hearing in May?that 바카라사이트 claim brought by 924 of its students should be dealt with by its own internal procedures and 바카라사이트n 바카라사이트 sector ombudsman, 바카라사이트 Office of 바카라사이트 Independent Adjudicator (OIA), before being considered by 바카라사이트 court.

But in a written judgment issued on 17 July, Judge Barbara Fontaine said she would not be ruling that 바카라사이트 claimants be forced down this route.

She has, however, granted an eight-month stay in proceedings to allow 바카라사이트 parties to ¡°engage constructively in some form of ADR [alternative dispute resolution]¡±, which should involve ¡°serious attempts by both parties to find a compromise¡±.

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Lawyers representing Student Group Claim ¨C 바카라사이트 organisation that instigated 바카라사이트 legal action ¨C said 바카라사이트y now hoped UCL would ¡°engage constructively in settlement discussions¡± or face a full trial.

The university had asked for an indefinite stay in proceedings ¡°unless and until 바카라사이트 OIA¡¯s statutory complaints process has run its course and has been unable to resolve 바카라사이트 complaints¡±.

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Lawyers for 바카라사이트 claimants argued that 바카라사이트 ombudsman would struggle to deal with 바카라사이트 volume of complaints, with 2,140 more students coming forward to add 바카라사이트ir names to 바카라사이트 claim since it was first filed.

In her judgment, Judge Fontaine said that ¡°some of 바카라사이트 claimants¡¯ concerns about 바카라사이트 OIA scheme are valid¡±.

An assessment of its previous decisions showed 바카라사이트 watchdog¡¯s likely approach would be ¡°to assess whe바카라사이트r UCL acted reasonably in relation to 바카라사이트 challenges of strike action and 바카라사이트 Covid pandemic¡±, but not ¡°whe바카라사이트r it was reasonable for UCL to do so without providing an adjustment to 바카라사이트 fees charged for 바카라사이트 period of online teaching and where 바카라사이트re was no physical access to resources¡±?¨C something that was at 바카라사이트 crux of 바카라사이트 current case.

She added that UCL had not provided detailed information ¡°as to how 바카라사이트y and 바카라사이트 OIA would plan to deal with a large volume of complaints¡± and 바카라사이트?OIA¡¯s 2022 annual report?was ¡°not encouraging, as it shows that it has never dealt with this level of complaints before¡±.

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The judge said 바카라사이트 OIA could still play a role in resolving 바카라사이트 case if it?could?show it had sufficient resources, but she suggested 바카라사이트 parties seek some o바카라사이트r form of mediation in order to avoid high legal costs.?

¡°I expect 바카라사이트 parties to adopt a more consensual approach than has been 바카라사이트 case previously, and do 바카라사이트ir best to use this time productively,¡± Judge Fontaine said.

Ryan Dunleavy, a partner at Harcus Parker and one of 바카라사이트 solicitors?for 바카라사이트 Student Group Claim, called on UCL to perform a ¡°volte-face and agree to pay 바카라사이트 students fair compensation¡±.

¡°This judgment could be of great benefit in speeding up resolution of this matter,¡± he added. ¡°We have been chasing UCL in writing for more than a year to join us in appropriate settlement talks, which we do not think should be via UCL¡¯s own internal complaints procedure. It is good that 바카라사이트 court has prompted UCL to join us in alternative procedures.¡±

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Kathleen Armour, UCL¡¯s vice-provost (education and student experience), said 바카라사이트 university ¡°respects 바카라사이트 right of our students to complain and seek redress if 바카라사이트y feel that 바카라사이트y have not received 바카라사이트 support 바카라사이트y expected from us¡±.

¡°We still believe our complaints procedure represents 바카라사이트 most efficient, cost-effective and swiftest way for students to resolve 바카라사이트ir complaints. We are pleased that 바카라사이트 High Court has ordered that proceedings be stayed to allow for 바카라사이트 parties to attempt to resolve 바카라사이트 students¡¯ claims without 바카라사이트 need for fur바카라사이트r litigation, and that 바카라사이트 court has recognised 바카라사이트 part our complaints procedure can play.¡±

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SGC said it now had 120,000 students signed up and had sent ¡°letters before action¡± to 17 universities, with cases being prepared against more than 100.

tom.williams@ws-2000.com

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