What does Higher education mean? In legal practice, higher education describes post-secondary study and research delivered by universities and other recognised providers, ordinarily leading to a degree or an equivalent qualification. The expression is used across contracts, regulation and litigation, and is also given statutory meaning in specific contexts (for example, the Further and Higher Education Acts and HERA 2017 in England and Wales; the Scottish further and higher education legislation; Northern Ireland education orders; and, in Ireland, the Universities Act 1997 and the 2012 QQI Act). Typical legal markers are: courses at RQF level 4+ (E&W/NI), SCQF level 7+ (Scotland) or NFQ levels 6–10 (Ireland); awards...
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Unlike other education sub-sectors, UK Higher education has been slow to embrace standardised contract templates. Nevertheless, every HE provider uses student contracts to set out core duties and ensure compliance with consumer law and student protection requirements. This Practice Note explores the legal nexus between students and their HE institutions, with particular attention to the point at which that relationship crystallises into a contract. It also addresses regulatory obligations arising from statute and the effects of regulatory scrutiny...
Universities take a variety of legal forms. Traditionally, many have been established by Royal Charter (for eg Oxford and Cambridge) or by bespoke Acts of Parliament (for example, the University of London). Others are incorporated as companies under the Companies Act 2006. See Practice Note: University Governance in England. Higher education corporations were introduced by the Education Reform Act 1988, which also conferred corporate status on Further education institutions that met statutory enrolment thresholds. The Further and Higher Education Act 1992 granted all HE corporations full university status, provided for internal governance, and left their underlying legal nature unchanged. HE corporations have...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...