Legal Action over "Mickey Mouse" Degree Prospects Watch

nulli tertius
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#21
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#21
(Original post by returnmigrant)
They are all working on commission.
And some Universities pay them more than others.
It really is that simple.
You are not right. There are agents being paid on a fee basis by parents and I suspect there are agents playing both sides.

And of course:-

"If you’re not paying for it, you’re not the customer; you’re the product"
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swelshie
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#22
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#22
Off topic now but why would the insurers solicitors be able to offer a settlement against the wishes of the university? Or are they just saying that they disagree in principle to save face.
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nulli tertius
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#23
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(Original post by swelshie)
Off topic now but why would the insurers solicitors be able to offer a settlement against the wishes of the university? Or are they just saying that they disagree in principle to save face.
I suspect a University PR has gone off piste and there may be a defamation pre-action protocol letter tomorrow and a grovelling apology from the University.

The general position is:-

"It is normal practice in England and Wales for a liability insurer to appoint a firm of solicitors to act jointly for both insurer and insured in relation to a third party claim to which a policy of ... insurance may respond.This is usually done pursuant to a claims control clause.This is a policy condition which gives the insurer the right to take over and conduct in the name of the insured the defence or settlement of the third party claim.Standard policy terms also include an obligation on the insured to co-operate with the insurer (which may of course be required in relation to the conduct of the defence or settlement of the claim); an express right to an indemnity in respect of defence costs may or may not be included." (Alison Padfield, barrister)

It is possible (but unlikely) that the solicitor was negligent; I do not know, but if he was, it wouldn't be on the cavalier basis being reported today. If the solicitor knew the University was unhappy with settling, the solicitor should have told the University to seek independent legal advice. Another solicitor would then have advised the University that it was open to the University to withdraw its insurance claim. The University would then regain control of the litigation but would be responsible for all of the costs of the solicitors conducting the case so far (and possibly the insurer's internal costs as well).

In reality, with a relatively modest claim and probably a valuable client, insurers are usually willing to accommodate the views of their insured to some extent. I have no way of knowing whether that discussion took place and if it did, why the insurers wouldn't back their customer. Nor if it did not take place, what went wrong.

However, the general position for the solicitors is that they are under a duty to settle on the insurer's instructions.
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Napp
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#24
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#24
In fairness to the unis theyre not soothsayers and if anything the onus should be, within reason, on the student not to expect to be handed a job simply for getting a degree with a fun name from the university of bum**** nowhere.
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sumiukas
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#25
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Not what the case was about. So, I suppose, you, as a student from the University of 'not-bum*** nowehere', would have taken time to read that the case also concerned false advertising, misrepresentation and false imprisonment.
(Original post by Napp)
In fairness to the unis theyre not soothsayers and if anything the onus should be, within reason, on the student not to expect to be handed a job simply for getting a degree with a fun name from the university of bum**** nowhere.
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Napp
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#26
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#26
(Original post by sumiukas)
Not what the case was about. So, I suppose, you, as a student from the University of 'not-bum*** nowehere', would have taken time to read that the case also concerned false advertising, misrepresentation and false imprisonment.
Who says i'm a student?
Strangely enough yes which is how i came to the conclusion that not only was she overly credulous but some of her claims are beyond merely dubious - such as the allegation of imprisonment.
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