header-logo header-logo

Learning curve

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

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll