The author argues that a Higher Education Bill will be lacking in the future, as promised in the 2011 White Paper on HE; and hence the regulatory framework for English HE will, for the immediate future at least, have to evolve within the law as it is rather than via new legal powers. The essential issue is how to extract the benefits of market…

The prime feature of the student's legal relationship with his or her university is that it is governed by contract law, and in all other aspects of life such a contract can be reviewed/investigated by the courts in the event of a dispute between the two parties to the contract. In the world of academe, however, the key aspect of the contract (the…

Last October Lord Browne of Madingley published the long-awaited report of his "Independent Review into Higher Education Funding and Student Finance" (Independent Review 2010). Browne and his colleagues recommended the removal of the "cap" on the tuition fees chargeable for first degrees by taxpayer-funded universities in…