London set Henderson Chambers has won a High Court battle for a law student who refused to accept the low marks Cardiff University gave her for the Bar Vocational Course (BVC).
Student Alice Clarke, who instructed Henderson barrister Patrick Green via the Bar Pro Bono Unit, took Cardiff University to the High Court to force it to accept the independent marking of two units of her barrister training course.
Clarke was originally given 40 per cent in the advanced criminal oral examination and 46 per cent in her negotiation paper.
However, an independent assessor improved the mark on the oral examination to 71 per cent.
Clarke was entitled to re-sit the second paper and the mark was raised to 62 per cent.
Green argued that the university had awarded low marks to Clarke in 2005 because she had had disputes with two of her tutors.
Eversheds partner Wayne Davies instructed 11KBW’s Clive Lewis QC to act on behalf of Cardiff University.
Readers' comments (16)
Biased Vocational Course | 28-Aug-2009 4:22 pm
I don't know which element of this story I find the most horrifying; the fact that, prima facie, somebody has sued their university to gain better marks, or the fact that a tutor's bias has skewed two non-anonymous oral exams so far below the genuine level of merit.
This will certainly put people off undertaking their BVC in Cardiff. The student should never had had to take such drastic action and any average student would never be able to afford it.
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Anonymous | 28-Aug-2009 4:43 pm
Er... except that she did it pro bono so she is presumably an "average student" too.
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Anonymous | 28-Aug-2009 8:42 pm
"The Pathology of Education"
That is the title of what is going on in the educational system, not limited to the legal world.
Academia with personal issues who hold a grudge for not being strong enough and smart enough to survive in practice carry out career ending sentences on students who deserve a second chance.
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Anonymous | 29-Aug-2009 10:27 am
No wonder Cardiff University faces these charges.
Its not the case a student has sued university to gain better marks, its only the cry for justice that lead to that particular student to go to that extreme.
As a student we all put our hard work and money to get education and career afterwards and tutors personal ego creates a question on the fairness of these institutions.
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Roger Leng | 1-Sep-2009 2:21 pm
This report of the case seriously misrepresents the decision of the Court. Those who wish to comment on the case would be advised to read the transcript of the judgment available from Casetrack.
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Biased Vocational Course | 1-Sep-2009 6:31 pm
Re: Anon @ 4:43pm.
According to The Times (http://business.timesonline.co.uk/tol/business/law/article6812864.ece) this case has cost the said student a substantial amount.
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Kitty | 3-Sep-2009 11:15 pm
Having taught at Cardiff, there is an air of arrogance amongst some LPC and BVC staff who rather than helping students give out poor exam results based on subjective consideration.
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Anonymous | 4-Sep-2009 9:38 am
Exactly the case, Kitty.
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Anonymous | 4-Sep-2009 11:30 am
It appears that Kitty, a former tutor at Cardiff has a very valid point that the marking at Cardiff BVC and LPC is based on subjective consideration. As suggested by Roger Leng, one should read the case from which inferences can be drawn that Ms Clarke's complaints about the anti-semitism of the tutors perhaps led to her being marked down as she was.
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Anonymous | 7-Sep-2009 10:26 pm
Having studied on the BVC at the very same time as Alice Clark I would contend that from my experiences, Cardiff University was an excellent place to sit the Bar Exams. All is not as it seems when reported in the press, that, ladies and gentlemen, is a fact!
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