Here’s a thing to gladden the hearts of my lawyer friends. Let’s say you’re a student and you’ve just got your exam results. You didn’t do as well as you were expecting. But you’re made of tough stuff and get on with your life. Some years later you think, hang on, if my result had been a little better I’d be a lot richer now. So why not sue the university and let them make up the difference in money.
As I suspect many readers of this blog will already know, that is not a far-fetched scenario. Pretty much exactly that happened in the case, now before the courts, brought by Oxford University graduate Faiz Siddiqui. He graduated in 2000 with a 2.1 in modern history. He went on to become a solicitor, but thinks he could have been a high-flying commercial barrister if he had got a first class degree. He values the difference in income to him at £1 million, and he has sued the university for that sum.
In fairness, there are some issues of concern worth mentioning here. It is admitted by the university that the quality of education in his course may have suffered, mainly because in one key module the availability of staff that year had been compromised by sabbatical leave. The university’s defence does not appear to be that nothing untoward happened, but rather that it happened too long ago too be a legitimate subject-matter for litigation now.
Of course this case raises all sorts of issues. Is the difference between a 2.1 and a first really £1 million in income? Do we think and agree that the primary value of a degree is measurable in pounds, dollars or euros? What kind of legal (as distinct from moral and educational) obligation does a university have regarding the quality of its courses? How can a court judge whether the degree classification of a university is appropriate?
It is expected that the High Court will issue a decision in this case before the end of the year. The judgement will provide us with a whole new insight into the relationship between higher education and the law, and indeed into the legal relationship between students and their universities. The impact could be huge.