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Deception in out of court settlement and irreparable damage

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  • Deception in out of court settlement and irreparable damage

    Background

    The defendant/University has used deception (concealed a very relevant fact) to do an out of court settlement. with the pursuer/student. The case took place in Scotland in a Sheriff court and it involved the Ordinary Procedure).



    3 out of 4 of the demands of the pursuer/student in the out of court settlement were to do with confidentiality.¬* The defendant/university accepted them and deleted what the pursuer/student asked them to delete and destroyed the hard-copies of his thesis etc. On the other hand, the defendant/University had made my unapproved (not yet awarded) thesis public my sending it to the British library a year and a half ago without the pursuer/student's knowledge or consent.

    Question:


    1. What's the best way forward to undo such a settlement? I got to know about the concealed fact after the settlement document was ratified. Naturally, I would have not even considered such a settlement offer, if I was aware that my research work had already been made public.


    Additional background

    To reiterate, the defendant/British university has published the pursuer/student's thesis which was not awarded a PhD yet without the knowledge or consent of the author/pursuer. This is in breach of their own regulation. The pursuer/student was planning to take this extensive research work to another university for consideration. The defendant/university has also cancelled the pursuer/student's registration. Based on the defendant/university's own regulation, the defendant/student holds the copyright of this work.



    The work has been downloaded by several individuals ever since it was published. It has been finally taken down on the pursuer/student/authorís request as soon as he got to know about it, but it was still out there on the public domain for a period of around 1 year and 9 months.


    None of the universities the pursuer/student have approached are willing to accept his work now. They have either said no or have not bothered responding.

    Question

    2. T
    o my understanding, this is irreparable damage. Please advise.
    ¬*
    Tags: None

  • #2
    Anyone alive here?

    Comment

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