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Education - November 2011

News

Welcome to the news stories section. Our topics include:

HEFCE - student number controls
Institutions face increased pressure due to changes to UK Immigration Policy
Should you exceed your quota?
“Beware of the risk of Consumer Expectations”
“Best University v Best University System”

Featured articles

Contract

Unfit for purpose.

In BSS Group Plc v Makers (UK) Ltd (T/A Allied Services) (2011) BSS appealed against a decision that it had breached the implied term as to fitness of purpose under the Sale of Goods Act 1979 s.14(3) when supplying materials.

Regulatory

Immigration.

In R (on the application of Westech College) v Secretary of State for the Home Department (2011) the claimant college applied for judicial review of a decision of the defendant secretary of state, by the United Kingdom Border Agency (UKBA), to reduce, suspend and then revoke its licence to provide non-EU students with Confirmation of Acceptance for Studies (CAS) letters.

Employment

TUPE and outsourcing – where are we now?

Knowing when TUPE should apply has always been difficult. However in 2006 when TUPE was amended, a key aim was to remove arguments around whether TUPE applied.

Procurement

Failure to debrief means General Court annuls Council decision to reject tender.

There has often been confusion about numerous small procedural points. At the time they can seem unimportant, but ultimately prove to be vital as was proved in Case T¬ 57/09 - Alfastar Benelux SA v Council of the European Union, judgment of 20 October 2011.