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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I have a question regarding what I regard as inadequate

Resolved Question:

Hi, I have a question regarding what I regard as inadequate compensation offered by a university after an adjudication by the Office the Independent Adjudicator.
The adjudication was deemed partly justified, (on the least relevant aspect of the claim).
The wording of the offer is:
'In line with their judgement I am writing to offer you the sum of £1000 in full and final settlement of the matters dealt with in their review.'
My question is: may I accept this payment in respect of the aspect of the adjudication found in my favour, without affecting my right to claim on this which I do no accept? (The OIA have refused my right to appeal the latter on time grounds).
Supplementary question: If I accept, what wording should I use in order to keep possible future claims alive?
Thanks!
Paul Stanley
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Paul my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know exactly how much you are seeking to recover?

Customer:

Hi Alex, the entire MBA course fees were around £14000. The I completed the final project and then they sacked my excellent supervisor, who would still mark the project if they would bother to reply to his emails. In view to the fact this seems to be beyond them, I would say at least 50% of the fees. Though my primary aim isn't financial, but justice, I realise in the end it usually ends up as compensation. My sense is that they would rather pay money, than deal with the issues at the core of the matter, or admit any wrong doing. I am now doing a Doctorate in Organisational Change, in large part to look at the cultures of toxic organisations: so all is data, and reasonable compensation would be handy, the above comments notwithstanding. Thanks! Paul

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation. Over £10,000 then you will need legal representation as there are Court rules and procedure to follow. You should be aware if you lose then you will have to pay the legal fees of the other side.

Alex Watts :

Even if you do win you wont get all of your costs back, usually the Court shaves 20-30% off.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks. So is this the small claims track?
Is judicial review possible or advisable?
Should I turn down their offer of £1000 - there is a deadline of 7th November?.
If I accept what wording to I use to counter their 'full and final settlement of the matters dealt with'?

Alex Watts :

Only if a claim is £10,000 or under would it be a small claim

Alex Watts :

Judicial Review -no, because you are not JR'ing the Adjudicator decision - their awards are not binding

Alex Watts :

If you accept full and final settlement, that's it. You can't accept the £1000 if you wont accept full and final settlement

Alex Watts :

So you have choices:

Alex Watts :

1) Accept the £1000

Alex Watts :

2) Claim for £10,000 as a small claim

Alex Watts :

3) Claim for £14,000 and risk not getting all your legal costs back

Customer:

OK, so would you advise a claim for all, or most of, the course fees - given that the claim will be reduced?

Alex Watts :

I would claim, if anything for £10,000 to keep it a small claim

Alex Watts :

Does that help?

Customer:

OK, thanks. Is your sense that is would be better to just take the £1000 offered, or go for a larger amount?

Alex Watts :

I would go for a larger amount

Customer:

OK. And would 50% of fees be appropriate, or more, or less?

Alex Watts :

50% would be reasonable.

Alex Watts :

Does that help?

Customer:

Yes, thanks. That's been a great help. I'll get back to you if there's anything more.
Paul

Alex Watts :

Of course Paul, Can I clarify anything else for you?

Customer:

No, that's great - you get your excellent!

Alex Watts :

Thank you. If I could ask you to rate my service before you go - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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