Public Interest Lawyers is an extraordinary firm of solicitors, who must be – certainly should be – the pride of the legal profession. Through their tenacity, quality and sheer hard work – often from unpromising beginnings and in dark times for public funding – they have single-handedly been responsible for shining the torchlight of legal accountability in a range of new areas. The work continues unabated. No barrister or judge, here or in Strasbourg, could have come to deal with the sorts of human rights issues which PIL continues to raise, but for their principled and brave pursuit of justice.

 

PIL demonstrates three further important things. First, how positive and constructive can be the use of public funding in public law cases, in the public interest. It has been hard. But PIL and the LSC have forged a partnership which is second to none, as to the importance of the cases that are brought, their success and their wider impact. Secondly, PIL demonstrates that London does not always lead, and a London-centric focus is neither helpful nor fair. This firm, from what are still sometimes thought of as “the provinces”, is the nation’s leader for human rights application in challenging cases. That PIL is looking, as a Birmingham-based firm. How refreshing for it to be that way.Thirdly, let it not be forgotten that PIL was set up as a new firm of solicitors. This is not the further and continued work of an established firm, set up long ago when times were different. This was an innovation; a leap of faith in the rule of law. It was a boat launched in a sea of uncertainty, which has turned out to be the flagship for public law accountability under the rule of law.

 

Michael Fordham QC
Michael Fordham QC
 
 

Evening Standard: High Court tuition fee ruling due

The High Court rules today on a challenge brought by two teenagers who want to go to university over the coalition Government's proposed increase in tuition fees.

Lawyers for 17-year-olds Callum Hurley, from Peterborough, and Katy Moore, from Brixton, south-west London, say allowing universities to charge students up to £9,000 a year is unlawful.

They argue the move will erect "a barrier" to higher education and threatens to widen the already large gap between rich and poor.

Lord Justice Elias and Mr Justice King, sitting in London, are being asked to declare that the Government has acted unlawfully by breaching the 2010 Equality Act.

They are also being asked to declare that the Government has failed to comply with its obligations under Article 2 Protocol 1 and Article 14 of the European Convention on Human Rights to protect the right to education without discrimination.

The judges were told at a recent hearing that the less well-off, the disabled and members of black minority ethnic groups would be particularly hit.

Helen Mountfield QC, representing the teenagers, said opportunities to obtain university degrees and seek a better life in this country were "becoming extraordinarily unequal".

She argued Business Secretary Vince Cable, who is responsible for higher education, had failed when fixing the new fees to comply with his statutory duty to promote equality of opportunity.

The regulations will increase the cap on fees from £3,290 per annum to £9,000 per annum with effect from September 1 this year.

Ms Mountfield said it was an increase by "a factor of almost three" and added: "Tuition fees are so high relative to average family earnings, and the burden of debt prospective students must confront is so great, that these fees amount to a barrier to effective access to the higher educational institutions which exist in this country."

The UK was "one of the least equal societies among OECD countries" and the income gap between rich and poor had widened in the last 30 years.

The legal action was launched after the students' solicitors, Birmingham-based Public Interest Lawyers (PIL), took advice from one of the UK's leading human rights lawyers, Rabinder Singh QC, who has since become the first full-time High Court judge of Asian extraction.

Advice was also received from Professor Aileen McColgan, barrister and professor at King's College London.

Katy, from Brixton, south-west London, is studying biology, chemistry, maths and history for her A-levels at Lambeth Academy. She hopes to become a research scientist, exploring cells, diseases, new treatments and cures as a career.

Callum, from Orton Goldhay, Peterborough, attends Peterborough Regional College, where he is studying for a level 3 BTec in web development and wants to go to university to study IT.
 
See:
 


Other stories

Click on a story to read

  BBC: Baha Mousa book and Marie Colvin honoured by Orwell Prize ...
  HIGH COURT GRANTS PERMISSION TO PROCEED WITH JUDICIAL REVIEW IN AFGHAN KILLINGS CASE...
  Guardian: British soldier under investigation for murder over shooting of young Afghans...
  Guardian: Labour abstention on workfare bill prompts party infighting...
  The Independent: First Al-Sweady witnesses to appear...
  DWP seeks law change to avoid benefit repayments after Poundland ruling...
  Judicial Review launched against Birmingham City Council over cuts to "Shelforce" - a supported disa...
  The Times: Lawyer of the week – Tessa Gregory...
  BBC: Al-Sweady inquiry opens in UK into deaths of Iraqis...
  Birmingham City Council threatened with Judicial Review proceedings over cuts to 'Shelforce' - a sup...
  Open Democracy: Home Secretary, please call off the attack on kidney patient Roseline Akhalu ...
  Court of Appeal Rules that the Government’s “Back to Work” Regulations are Unlawful and Must Be Quas...
  Verdict on Government’s “Back to Work” schemes will be handed down tomorrow, Tuesday 12 February 201...
  Verdict on Government’s “Back to Work” schemes will be handed down on Tuesday 12 February 2013 at 10...
  BBC: New Iraq abuse cases by British forces go to High Court...
  Public Interest Lawyers respond to false reports in the Sun Newspaper regarding cases relating to Af...
  Legal Challenge to Doncaster Mayor's Decision to Reduce Library Funding wins Permission to Appeal...
  Observer: Is Britain guilty of systemic torture in Iraq?...
  Ali Zaki Mousa (no.2) and Others v Secretary of State for Defence...
  Legal Challenge to Cuts to North Somerset Youth Services Wins Permission to Appeal...
  New Statesman: The trials of Roseline Akhalu...
  Maya Evans case: secret courts, torture and avoiding embarrassment...