The Law Of Higher Education

Online Casebook

9 STUDENT UNIONS

(LHE Chapter 9. p167)


A. Introduction
What is the legal status of the Student Union (SU)? Who is in charge of it – the community of students or the HEI itself? Who has responsibility for the proper management of the SU? Who owns the SU building and the land on which it stands? What happens if something goes wrong – if the SU becomes bankrupt, or is sued for breach of contract and has to pay substantial damages, or if there is a death arising from neglect of health and safety matters? Who clears up the financial mess, who pays the financial penalty, and who faces the criminal prosecution? Is the gap between the SU and the HEI sufficiently wide for no liability of the former ever transfer to the latter? Can the gap be made wider?

These are all pertinent issues, dealt with in this chapter.
- see LHE, 9.01 – 9.04
Cases cited:
Anyanwu and Another v South Bank University and Another and Commission for Racial Equality [2001] UKHL 14 [view]
Commissioners of Customs and Excise v University of Leicester Students’ Union [2001] EWCA Civ 1972 [view]
De Montford University Students Union v Customs and Excise (VSATTR, 2003) [link to follow]
R v Thames Valley University Student Union, ex p Ogilvy [1997] CLY 2149 [view]


B. Part II, Education Act 1994
- see LHE, 9.05 – 9.07
Cases cited:
R v Thames Valley University Students Union, ex p Ogilvy (1997) ELM 4(8) [link to follow]
R v British Broadcasting Corporation, ex p Referendum Party, The Times, 29 April 1997 [view]
R v Disciplinary Committee of the Jockey Club, ex p HH Aga Khan [1993] 2 All ER 853 [view]
R v Legal Aid Board, ex p Donn & Co [1996] 3 All ER 1 [view]


C. An Unincorporated Association
- see LHE, 9.08 – 9.19
Cases cited:
Attorney-General v Ross [1986] 1 WLR 252Baldry v Feintuck [1972] 1 WLR 552 [view]
Baldry v Feintuck [1972] 1 WLR 552 [view]
Commissioners of Customs and Excise v University of Leicester Students’ Union [2001] EWCA Civ 1972 [view]
Hadden v University of Dundee Students’ Association (1985) IRLR 449 [view]
Harrisson v Hearn (1972) 1 NSWLR 428 [link to follow]
John v Rees [1970] Ch 345, [1969] 2 All ER 274 [link to follow]
Leicester University Students’ Union v Mahomea [1995] ICR 270 [view]
London Hospital Medical College v IRC [1976] 1 WLR 613 [view]
R v Thames Valley University Students Union, ex p Ogilvy (1997) ELM 4(8) [view]
Re Mariette [1915] 2 Ch 284 [view]
Webb v O’Doherty and Others, The Times, 11 February 1991 [view]


D. Free Speech
- see LHE, 9.20
Cases cited:
Kent v University College, London [1992] 156 LG Rev 1003 [view]
R v Thames Valley University Students Union, ex p Ogilvy (1997) ELM 4(8) [view]
R v University College, London, ex p Riniker [1995] ELR 213 [link to follow]
R v University of Liverpool, ex p Caesar-Gordon [1991] 1 QB 124 [view]


E. Direct Action
- see LHE, 9.21
Cases cited:
Ministry of Agriculture, Fisheries and Food v Heyman, The Times, 4 April 1989 [view]
University of Essex v Djemal [1980] 2 All ER 742 [view]
University of Warwick v de Graaf and Others, The Times, 9 May 1980 [view]