There Was A Time…

I have failed exams. I made a right mess of my A Levels. I’d lost interest by the time I took them. The failure was entirely my fault, but I’d moved on by then and have never missed them. However, these days, people don’t take personal responsibility.

Outlining the claim, the judge said: ‘Mr Meagher…is a student at the University of Cambridge…undertaking a PhD in law.

‘[He] did not successfully pass his final viva voce examination of his doctoral thesis.

‘He issued a claim against the University, together with five named individuals employed by the University.

‘The claim alleges disability discrimination and victimisation of various kinds under the Equality Act 2010, breach of contract and breach of common law duty of care.

He was expected to meet a standard and didn’t. So, er failed. It’s what happens. That is why there are examinations in the first place. To weed out those who cannot make the grade.

‘[He] sought damages, on the basis that the non-completion of his PhD led to the lost opportunity to take up a tenancy as a barrister at a particular set of chambers and that Mr Meagher has, as such, suffered a substantial loss of earnings.’

‘On 26 April 2023, the outcome of Mr Meagher’s viva was delivered,’ the judge continued. ‘They declined to recommend the award of PhD but indicated that Mr Meagher should be allowed to revise his thesis and resubmit it.’

I could have done some more study and retaken my A Levels had I wished. I just didn’t wish. But Mr Meagher is being told that he may do what thousands of students have had to do – resits.

Following the initial 2024 hearing into the case, the law student’s application to sue the academic staff was dismissed as were two aspects of his breach of contract claim.

Mr Meagher appealed against these rulings, which led to the latest judgement, in which Mr Justice Constable upheld the original decision regarding the individual faculty members but agreed to reinstate the breach of contract claims.

Mr Meagher told MailOnline: ‘This case is not about particular adjustments; it concerns the conduct of an institution which is well known for its poor record when it comes to disability, dispute resolution, and student mental health support.

The initial judgement was sound. It will be interesting to see how the subsequent appeal goes. But on the face of it, if he cannot follow general questions or needs people to use active voice, the chambers in question is probably best off without him. I’m well aware of the need for fair access. However, if the disability means that someone cannot do the job, then discrimination is right and proper. I would not have taken someone on a railway track safety training course who was unable to walk on the track, for example.

These included asking specific rather than general questions, using the active, rather than the passive, voice and allowing him pauses and breaks after questions…to allow him to ‘mentally retrieve the words or information that he needed in order to answer’.

This guy wants to be a barrister. I put it to you that the chambers in question have dodged a bullet.

15 Comments

  1. I failed “O” level maths at school, and had to do evening classes to make the grade. Should I lodge a backdated claim for compensayshun against the school?

    • Same here, but my O level fail was English language, passed after evening classes.
      I’m going to claim damages against myself for being an irresponsible git (or rough talock as my wonderful late Irish mother would say) who spent too much time pissing about instead of making the most of my edukayshun.

  2. I fucked my A Levels up because I was too busy spending all my time in a dodgy Indie club, going to gigs, following my football team all over the country and failing miserably to get off with girls! Who do I claim against first?

  3. “These included asking specific rather than general questions, using the active, rather than the passive, voice and allowing him pauses and breaks after questions…to allow him to ‘mentally retrieve the words or information that he needed in order to answer’.”

    This suggests to me that he will never be able to perform out in the real world. They could taylor the exam to allow for his limitations but they’re not going to be so accommodating in an actual court room. I know some neurodivergent people and some have some very specific and unique talents, this guy would be better off finding out what he can do, rather than trying to do what he can’t. Also, as others have said, owning your failures. I think that recognising that you’ve screwed up and taking responsibility is an essential life skill. If you are constantly blaming everyone but yourself, you are unlikely to learn from your mistakes and will just keep making the same ones again and again.

    • ‘This suggests to me that he will never be able to perform out in the real world.’

      A lawyer who can’t think on his feet in court? Who’d employ him?

      Oh, wait. Probably the civil service…

  4. How did he get there in the 1st place? Would it be a sort of DEI hire which cannot be carried/hidden anymore?

  5. I mucked up my degree.
    Then went back to uni… And mucked that up too.
    Now doing ok, but only my fault.
    Wouldn’t dream of trying to sue the unis.

    On the subject of discrimination on terms of capability, I recommend a book called Incompetence by Rob Grant (of Red Dwarf writing).
    Europe outlaws the ability refuse to hire or to be able to fire for incompetence. Very funny.

    • I know someone who is a retired university lecturer, very much on the Left politically, who lamented that it was almost impossible to fire incompetent or bone idle staff members there.

  6. “This guy wants to be a barrister.”

    According to the Telegraph’s report, the guy is a barrister. So what’s his problem?

    As I said over at Tim Worstall’s, my dad (a Scots lawyer) didn’t have much time for the English legal system. “They’ll let any idiot be a barrister”. Sounds like he wasn’t far wrong.

  7. I was interrogates by the editor of the Journal of Biochemistry for my Ph.D viva. 3 hours of questions. I passed. My God that seemed like 20 minutes. Time really is relative.

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