County Court (Small Claims Track) and Multi Track)

sombrero

Have a friend who has finished a Masters Degree course up North. There were mistakes in the course which are accepted by the University. University will not do anything apart from say sorry.

Result being that he sued the university for about £4k in the small claims court. After he sued University said that he should ahve gone to Office of Independent Adjudicator who deal with student disputes. Problem was University instructed a big London firm of solictors. Case was allocated by the court to the small claims court.

My friend then said he would go to this Arbitration but offer rejected by university as they wanted their costs paid which was a few thousand pounds. My friend said no. Solictors went to court to get 1) the case struck out and 2) have the case raised to the multi claim track (which is over £25k or High Court). Court said case should not be struck out but case should go for mediation or arbitration. My friend said ok to both but solictors said only if you pay our costs. The case was stayed by the court.

My friend said ok..I am going back to court and want a hearing for small claims court but made offer to court of mediation or arbitration if both the parties pay theirn own costs for everything.

My friend is 23 and he owes more than he has in assets. If he lost in county court he could pay a few hundred pounds in costs if he lost although it should not be this amount. He assys his case will only take 15/20 mins to tell to the court. The evidence is all agreed in writing and accepetd by the university.

The worry is that the solictors have told him that they will demand that this case is held in a multi track court and that he could lose £20k or more in costs.

He ha told the university he will go bankrupt. He cant understand why they are losing out big time on solictors fee when they acnt get them back.

Would they be insured or have some form of insurance policy to cover themselves?

Any thoughts on what to do? He cant afford a solictor but he did beat the barrister in court on his own on the case being struck out and his case in a small claims court would be easy to put forward. He realises he may win in court but the judge said he had a case.

sombrero

should have added that he past 90% of the exams but failed the course.

somethingcorporate

What exactly is the complaint and what is the basis for the claim?

sombrero

1. mistakes in the course whereby he was barred from entering lectures
2. mistakes in course work
3. wrong information sent out.
4 technicle errors whereby he could not get into university and had to go to reception ebofre he was properly admitted (would lose him 20 mins per day)

The above have been acknowledged by the university and they have said sorry in writing.

The judge has said he has a case whuch does not mean he will win but he has a case

sombrero

The court was not aware of the threats up until last week when he wrote to the court and said that there is a deadline to refer the matter set by the university. He wrote to the court with a copy to the solictor and university stating that he wanted the stay removed and that the court should have a hearing in the small claims track. He offered to go to mediation or Arbitration (on basis of both parties bearing their own costs) and told the court about the massive fees and costs the solictors wanted. He also told the court that he had no ability to fund these costs if he lost in multi track and would go bankrupt. waiting for a reply.

sombrero

Why do the solicitors claim it should be multi track (I assume the motivation is because they may then claim costs)?

Theory is that its a no win no fee case (they have denied this). Also theory that university have insurance cover (but they deny this).

pinkshoes

sombrero wrote: »

should have added that he past 90% of the exams but failed the course.

Does that mean he failed one of the exams and thus failed the course?

Why would £4k fix this? Is this the money he spent on tuition fees?

Did anyone else on the course encounter the same problems but still pass?

sombrero

Solicitors have not given any reason for making the case multi track but it has to be to get costs but friend does have not this sort of money. At the case management hearing the barrister for the university tried to have the claim thrown out but failed. Also wanted case to go to multi track. Friend said would go to OIA or court mediation. Judge stayed case with no award on costs. I believe the CPR will make case stay in small claims.

Reasons for claim are based on mistakes in the course. These are accepted by university in writing. Course cost about 8k. Claim is for half.

Do we think university has some form of protection with regard the fees if lost in court?

Friend is making Freedem of Information request.

sombrero

Yes two modules failed.

whitelabel

sombrero wrote: »

Solicitors have not given any reason for making the case multi track but it has to be to get costs but friend does have not this sort of money. At the case management hearing the barrister for the university tried to have the claim thrown out but failed. Also wanted case to go to multi track. Friend said would go to OIA or court mediation. Judge stayed case with no award on costs. I believe the CPR will make case stay in small claims.

Reasons for claim are based on mistakes in the course. These are accepted by university in writing. Course cost about 8k. Claim is for half.

so the "friend" is you,

you should have just said so, although Id already guessed that was the case.


Good luck whatever happens.

sombrero

If you want to be exact it's my friends son