Source: All England Reporter
Publisher Citation: [2012] All ER (D) 116 (Feb)
Neutral Citation: [2012] EWHC 201 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge: Elias LJ and King J
Representation Helen Mountfield QC and Professor Aileen McColgan (instructed by Public Interest Lawyers) for the claimants.
  Jonathan Swift QC and Joanne Clement (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 17 February 2012

Catchwords

University - Fees - Rate of fees - Regulations increasing maximum fees chargeable by universities - Whether decision to pass Regulations breaching right to education - Whether decision to pass Regulations breaching public sector equality duties - European Convention on Human Rights, art 14, art 2 to the First Protocol.

The Case

University Fees. In considering the Higher Education (Basic Amount) Regulations 2010, and the Higher Education (Higher Amount) Regulations 2010, , the Administrative Court, in dismissing the claimants' application for judicial review of the Secretary of State's decision to allow universities to increase tuition fees to a maximum of 9,000 pa, held that the relevant regulations had not breached art 2 to the First Protocol or art14 of the European Convention on Human Rights and although the Secretary of State had failed fully to carry out his public sector equality duties before implementing the regulations, a quashing order would not be appropriate.

Practice Areas

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