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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/author’s 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. To my understanding, this is irreparable damage. Please advise.
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/author’s 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. To my understanding, this is irreparable damage. Please advise.
Comment