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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10401
Experience:  Barrister 17 years experience
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I have been in dispute with a University professional

Resolved Question:

Hello
I have been in dispute with a University for a professional qualification since Summer 2013.
The OIA or Independent Adjudicator have been equally h helpful and , as they are fully funded by the Universities , produced a less than independent result when they got involved.
It has been one long struggle against collusion and mutual self protection .
Several procedural irregularities in the support and marking process ( ie a lecturer who twice tried to remove me from the course due to my working away and I requested to the Head of School she did not mark my paper . This request was granted only for her to end up marking and failing my last remaining piece of work).
I know Judicial Reviews are time bound but are there conditions that exist whereby a JR can go ahead after the time .
Recent JR victories against the OIA instil some confidence
Please help
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Buachaill replied 1 year ago.
1. Sometimes in life you either have to put up or shut up. You either stand your ground and fight your corner or you walk on bye and realise that one escaped you. Here you need to either issue judicial review proceedings or else take it on the chin and realise you lost this battle.
2. In law, a university is not subject to a review procedure, apart from the Independent Adjudicator system. They make their own rules and implement them. The law of the land only gets involved where there and has been clear breach of the law and then only in the form of reviewing the legality of the decision in a process known as judicial review.
3. Here, you have been told, correctly, that your only legal redress, is by way of judicial review. You haven't taken that option. So, you either take that option or else accept that you have been beaten in this row. However, asking impossible questions on the Just Answer website is not going to change matters. You either get into the fight or you forget about the dispute.
4. So prepare judicial review papers. If necessary yourself. Get a lawyer, or else, get the assis
Customer: replied 1 year ago.
Thank you sir. I merely understood I was out of time for a JR that principally was the clarity I was seeking .
Kind regards
Paul
Expert:  Buachaill replied 1 year ago.
2. If the time limit for JR has passed, then you may just have to take it on the chin. However, there is discretion in certain cases to extend the time for JR depending on the relief being sought. As the leave stage for JR costs very little, you can make a leave application and if the issue of time is raised by the judge you can seek that time be extended. Be aware that this power is rarely exercised. However, you either decide to give it a shot, or you accept defeat.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10401
Experience: Barrister 17 years experience
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