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01 September 2011 / Hle Blog
Issue: 7479 / Categories: Blogs
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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
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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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