header-logo header-logo

01 September 2011 / Hle Blog
Issue: 7479 / Categories: Blogs
printer mail-detail

Learning curve

Halsbury's Law Exchange blogger Geoffrey Bindman wades into the row over Scottish university fees

"It has been reported that a firm of solicitors, Public Interest Lawyers, is launching a challenge to the decision of the Scottish government to impose tuition charges on students in Scottish universities who are ordinarily domiciled in England.

The basis of the challenge appears to be that the imposition of charges amounts to unlawful discrimination against those students by comparison with students of Scottish domicile for whom tuition is free of charge.

No details of the legal arguments supporting the claim have been published but the firm has already been given leave by the High Court in England to seek judicial review of the increase in English tuition fees on the ground that the scheme discriminates against poor and ethnic minority students.

Our law has been developing and extending the principle of equal treatment in the distribution of social benefits at least since the Race Relations Act 1965. Some argue that equality is becoming a constitutional principle. In the intervening years the prohibition of discrimination has been extended beyond race to other grounds, partly as a result of the issue of European Directives and the impact of the European Human Rights Convention and the Human Rights Act. Even conduct which is not directly discriminatory on these grounds may be unlawful if it has a discriminatory impact which cannot be independently justified.

Two sources of authority seem likely to govern the initiative now being taken. One is the Race Relations Act 1976, which continues to prohibit discrimination on the grounds of ‘colour, race, nationality or ethnic or national origins’ within the UK by those in charge of educational establishments in—among other  matters—the ‘terms of admission’...’”

Continue reading at www.halsburyslawexchange.co.uk

Issue: 7479 / Categories: Blogs
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll