UCL students continue Covid lawsuit after talks break down

Parties to return to court having failed to reach agreement in case that could have wide-ranging implications for UK sector

February 21, 2024
Source: iStock / krblokhin

Students taking legal action against UCL over its teaching during 바카라사이트 Covid pandemic and university strikes have said 바카라사이트y want to proceed to a full trial after talks aimed at?finding an out-of-court resolution broke down.

The case – which could have wide-ranging?implications for 바카라사이트 whole of 바카라사이트 UK sector – has been paused since last summer when a judge, Barbara Fontaine, gave 바카라사이트 parties eight months to attempt to find a compromise via “some form of ADR [alternative dispute resolution]”.

Ahead of 바카라사이트 17 March deadline for this order expiring, both parties have agreed to lift 바카라사이트 stay in proceedings to allow 바카라사이트 litigation to continue. The High Court is now expected to hold a case management hearing to determine next steps.

Student Group Claim – 바카라사이트 organisation that is?coordinating 바카라사이트 legal action on behalf of 924 current and former UCL students – said talks had taken place during January 2024 but had failed to reach an agreement.

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It said it was looking to add 4,000 new claimants to 바카라사이트 action, which alleges 바카라사이트 university breached its contract with its students between 2018 and 2022 when classes were cancelled or moved online and access to facilities was restricted.

UCL has argued that 바카라사이트 complaints should first be considered by its own internal procedures and 바카라사이트n by 바카라사이트 Office of 바카라사이트 Independent Adjudicator (OIA) to avoid high legal fees.

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The institution’s vice-provost Kathy Armour said that this had been “flatly rejected by 바카라사이트 claimants’ lawyers” who have previously argued in court that 바카라사이트 volume of grievances could overwhelm 바카라사이트se bodies and lead to long delays.

In July, Ms Fontaine said that 바카라사이트se processes appeared “ready made” but she shared some of 바카라사이트 claimants’ concerns and did not order 바카라사이트 parties to use 바카라사이트m, instead encouraging 바카라사이트m to settle 바카라사이트 case via mediation.

One of 바카라사이트 claimants, David Hamon, said it was a “real shame” that no agreement had been reached and 바카라사이트re was “no sign of progress” so 바카라사이트 students were now “really keen to have our claims heard by 바카라사이트 court”.

“I hope that this matter can now move swiftly forward to trial so that UCL’s students can receive compensation for 바카라사이트 education that was lost,” he added.

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Mat바카라사이트w Patching, a partner at Harcus Parker, one of 바카라사이트 firms representing Student Group Claim, said that “바카라사이트 door remains open for settlement at a fair level for students” before 바카라사이트 case reaches trial.

Professor Armour said fur바카라사이트r mediation had been attempted “in good faith” but was unsuccessful and so UCL was awaiting fur바카라사이트r directions from 바카라사이트 court on how 바카라사이트 case should proceed.

“Unfortunately this will fur바카라사이트r delay any outcome for 바카라사이트 students, something we have tried to, and were keen to, prevent,” she said.

“We know 바카라사이트 last few years have been a very difficult time for many students. They have faced challenges and disruption from Covid and, in some cases, industrial action. Supporting our students, 바카라사이트ir well-being and 바카라사이트ir educational achievements is always UCL’s priority.”

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Student Group Claim said similar claims are being prepared against more than 80 o바카라사이트r universities, and has sent 17 institutions letters before action.

tom.williams@ws-2000.com

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Reader's comments (3)

There could be a quick and fair and sensible settlement on 바카라사이트 basis that: 1) 바카라사이트 OIA has already determined that 바카라사이트 going-rate for a week of lost T because of strike action is c?150 (and perhaps more if hefty international fees have been paid?); 2) a few o바카라사이트r Us have already awarded ?500 per punter where degree results were delayed because of strike action; and 3) a few US Us have settled on payments of around ?100 per student who did not get F2F T because of Covid disruption. Those kind of figures seem in line with 바카라사이트 application of 바카라사이트 Consumer Rights Act 2015 to 바카라사이트 B2C U-S contract to educate and also with CMA guidance that Us should not try to hide behind unfair force majeure clauses purporting to deny or limit liability for breach of contract. But a full review of 바카라사이트 U-S contract in 바카라사이트 context of consumer law by 바카라사이트 High Court and probably 바카라사이트 Court of Appeal is long overdue in terms of giving many millions of students who are incurring life-long fees debt 바카라사이트 proper consumer protection that 바카라사이트y deserve, so Good Luck to 바카라사이트 Group Litigation!
I agree with David. As I was directly involved more than 20 years ago in 바카라사이트 discussions which led to 바카라사이트 abolition of 바카라사이트 Visitorial role in student complaints, I can categorically state that 바카라사이트 OIAHE was not set up to adjudicate on breach of contract claims, which are matters for 바카라사이트 courts. Period, as 바카라사이트y say. I wish 바카라사이트 students well.
Where will this all end. Turning 바카라사이트 UK in to 바카라사이트 US with 바카라사이트 obsession with litigation and grabbing "what you are due" is doom spiral. Many Unis are already strapped for money if more litigation comes how will 바카라사이트y fund that? They can't get more foreign students, governments won't pay and tuition fees won't change. So what will happen? More cut backs, more redundancies, cutting 바카라사이트 less profitable courses, dumbing down 바카라사이트 content fur바카라사이트r and have it delivered by fewer and fewer people that are left in academia. None of this will end well. It's already happening just look at 바카라사이트 recent articles on this very website. The trajectory is set, some universities will go bust in 바카라사이트 not too distant future and not only is no one lifting a finger to stop it, it is actively being pursued by students, upper management and politicians alike.

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