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21 Jan 2005 11:55:44
A legal battle that has shaped the beginnings of a career for one University of Luton student was settled in court last month.
Kingsley Ogunmiloyo is in the final year of the LLB course at the University. In July 2003, a mini-bus driver drove into Kingsley’s car while it was parked outside his house.
“I was understandably angry but the driver admitted fault and agreed to pay for the repair to my car, and the cost of a hire car while it was being repaired,” explained Kingsley, who is originally from Nigeria although he’s lived in Watford for many years.
“I went ahead and hired a car and the next thing I knew, the driver’s insurance company was offering £500 for this all to be settled without hearing the case.”
This posed a problem for Kingsley because, if he as the plaintiff refused to accept the £500, and the subsequent court award is even £1 less than, in this case, £500 (i.e. £499 or less) then Kingsley would become liable for both sides' costs.
David Meltzer, a law lecturer who taught Kingsley on a human rights module, explained: “This works on the basis that the plaintiff shouldn't be greedy if he has a valid claim. Fortunately this actually made it much easier to take the decision to go to court, although no case is a certainty, it is always a risk.
“Unfortunately I was unable to accompany Kingsley to the trial, though I advised him as best I could, and a friend of mine generously offered free advice regarding the technicalities of court procedure.”
So in November 2003 Kingsley decided to take the driver to court.
“I had to pay more than £500 out of my own pocket in order to get the case to court, which, as a student, wasn’t easy to do but I truly believed that I was in the right so I found the money and started proceedings.”
Thanks to his perseverance and belief in what he was doing, Kingsley presented his case and the judge ruled in his favour on 13th December 2004, at Watford County Court.
“I was awarded £3,000 for representing myself and over £6,000 damages and court fees. Challenging the small amount that was offered to me, and risking my own financial situation, I came out on top,” said Kingsley, who has received several offers of work since his successful case came to light.
Kingsley added: “I’m hoping to stay at the University of Luton for another year after finishing my LLB to study for an LLM, a Masters in law. The lecturers and my fellow students were so supportive of my case, why would I consider anywhere else for continuing my education?”
Kingsley’s lecturer, David, said: “Kingsley showed the professional confidence and moral courage to take on the well-practised professionals and win! He’s a conscientious student with the application necessary to make a very good practising lawyer, and I’m pleased he’s hoping to stay on at Luton.”
Latest news» 2005» Jan» Student wins court battle ...all by himself!
