Breach of Contract & Negligence
Education is becoming increasingly valuable with meritocracy being progressivley more relevant in the modern world. The better you do at school, the higher the degree you get, the more you shine, the greater chance you have of a brighter future.
Education comes at a price. University fees have gone from £0 to £9,000 over the last 10 years. What about the next 10 years? Alongside the hike in fees comes the expectation of a level of service that reflects the cost of the education. The mindset of the consumer is becoming perceptibly more evident in students. Complaints about tutors not attending classes when they should, university staff making errors on internal procedures that result in serious consequences to the student‘ complete failure by universities to provide adequate PhD supervision‘ failure to implement facilities required for a course; all give rise to a breach of contract between the student and the university.
The Contractual Relationship
The rules, regulations, procedures, handbooks of the University all form part of the contract between the two parties. Imported into the contract are also principles that come from legislation and case law that has developed contractual principles in commercial and employment settings. An interesting case that established the principle of the contractual relationship between the student and the university is that of Clarke v Lincolnshire & Humberside in which the Appeal Court stated that the relationship between the student and the university is a hybrid relationship – one aspect couched in public law and one aspect couched in private law.
We have litigated against a number of universities and achieved good settlements for our clients. When we represent our clients in court we team up with some of the best Education Law Barristers in the land. Litigation requires a team of good lawyers experienced in the detail of the law and the tactic and strategy required to navigate in the quagmire of what is litigation. We see litigation as a last resort. It is a stressful process that takes some time to complete. It can be harrowing in parts and very expensive. It is not in your interests to pursue litigation unless you have a good case and are prepared to take the financial risks involved.
A detailed legal analysis of your case
If you want to have a detailed legal analysis undertaken on your case with a clear written opinion on the strengths and merits of pursuing a case through the courts we can achieve this for a fixed fee. We have access to barristers and QCs that are considered some of the best minds in the country. We will give you an honest opinion on your case. We will not encourage you to pursue a case if it does not have merit or if the cost benefit is not satisfied. This means that we will analyse the cost of the litigation against how much you are likely to recover and will advise you on the common sense approach to your case alongside a detailed analysis of the legal strength.
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