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Aston University may face an unprecedented legal bid for more than
100,000 pounds in damages by a former research student. Any test case
could open the floodgates to similar claims. |
refund of his PhD fees from the university, which failed to give him
the agreed research supervision. Mr Wilkinson left a teaching job in Dubai
in 1997 to discover his supervisor had left Aston. |
with pioneering education lawyer Jaswinder Gill. If aid is granted, Mr Wilkinson will claim compensation for the cost of leaving his job and moving his family to Birmingham and then to Norwich, where he is doing his PhD at the University of East Anglia. |
He will also claim for the lost earnings, related to "wasted time". Mr Wilkinson said: "We are out of pocket big time with all the moving about, and the kids have suffered a lot. This is not the sort of thing we wanted to come back to England for." |
The Legal Aid Board has given the go-ahead to an unprecedented bid for more than 100,000 pounds in damages against Aston University. The board believes that thwarted research student Kevin Wilkinson has a meritorious case for substantial compensation from the university.
Mr Wilkinson moved his wife and two children from Dubai to begin a PhD at Aston University in 1997. But when he arrived in Birmingham, he found his agreed supervisor was not available.
What followed was a long and bitter battle, which ended with Aston vice-chancellor Michael Wright conceding in May last year: "I agree that your experience ... was far from satisfactory and that the Department of Languages and European Studies should have acted more expeditiously to put satisfactory alternative arrangements in place.
"I feel that I must offer you an apology on behalf of the university for the uncoordinated way in which wew dealt with your problem. This clearly caused you and your family a great deal of internal distress."
The distress included moving two small children between four different schools in less than two years, the costs of leaving a well-paid teaching job in Dubai to relocate to Birmingham and of moving again to Norwich, where Mr Wilkinson is now studying. His partner has also left jobs. "Wasted time" in lost earnings has reached almost a year. The university finally agreed to refund Mr Wilkinsons fees, which the vice-chancellor said "exemplified the fact that the department accepts that it did not perform well in your initial induction to the university and recognised that you were unhappy to continue here".
But as far as any further compensation was concerned, Mr. Wilkinson was told firmly to go away.
In a statement to the THES, Aston University said: "The university went to considerable lengths to investigate Mr Wilkinson's case, and it concluded that the university has done all that it could reasonably have been expected to do."
This is not quite how the university put it to Mr Wilkinson. Professor Wright said: "I am unable to agree with your contention that the university is trying to duck its responsibilities and is, in some way, liable for further financial compensation. I fear that the university has little more to say which will satisfy your grievances and do not consider it to be in the interests of any parties to indulge in further, potentially defamatory correspondence.
"I suspect that you may be unhappy with this conclusion and, if this is indeed the case, may I respecftully suggest that you put the matter in the hands of your legal advisers, in respect of any further action you may wish to take. This will be the approach of the university."
Mr Wilkinson did indeed put the matter in the hands of his legal adviser. Education lawyer Jaswinder Gill this week confirmed that Mr Wilkinson had succeeded in his application for legal aid.
"Legal aid is now graded at a premium," said Mr Gill. "You have got to be able to show you have got very good chances of success." Mr Gill said that he would be asking the university to settle before issuing proceedings in the county court.