Programme

As we open this year's conference, we consider some of the latest regulatory guidance for in-house lawyers, as a follow-up to our session on this at Loughborough last year. The panel will discuss the SRA's Guidance for in-house solicitors (published in November 2024); the Law Society's Ethical Practice Framework for in-house solicitors (published earlier this year); and ethical considerations for in-house teams more generally.

In this session, drawing on our experience of working with the sector we will take a practical look at what recent case law under the Equality Act 2010 means for universities.  We will focus on:

•    The case law on religion and belief discrimination – including Forstater, Bailey, Miller, Phoenix and Higgs, considering the implications of those decision in a higher education context and how universities balance their duties under the Equality Act with the obligations to promote freedom of speech as well as giving some practical tips for managing conflict of belief when it arises;

•    The Supreme Court decision in the case of For Women Scotland v the Scottish Ministers, getting behind the media coverage and exploring what the decision means and what universities need to do now and in the future.

We regularly advise HEIs on establishing special purpose vehicles to undertake a range of activities - sometimes grant funded, sometimes to diversify activities. The governing, resourcing and administration of group companies is subject to a range of regulation including under company law and charity law.  In this session, using case studies, we will run through some of the trickier issues legal practitioners may face when incorporating and managing university group companies, such as:

• The legal form of the entity
• How university assets and resources can be made available to the entity
• The sharing of rights and information between group entities

We will also discuss other common issues such as effective governance, conflicts of interest, VAT and subsidy control.

In this session, colleagues from Shakespeare Martineau will consider how institutions should proactively manage their academic collaborations, and what happens when they come to an end. Using their experience of managing these situations, the team will discuss issues such as regular contract reviews, refreshed due diligence and contract termination (whether through expiry or on notice). They will also look at the steps institutions should take when exiting a collaboration, including setting a strategy, protecting students, protecting brand, how to avoid criminal offences, when you should comply with a contract and when you should ignore a contract.

The creation of spinouts is an important avenue through which universities can commercialise academic research and technology, create skilled jobs, and realise value.

Tom Justice and Olivia Tindle from leading law firm Muckle LLP will take you through the steps of how to increase a spinout’s chances of securing investment and achieving commercial success, including managing the company start-up process, protecting and exploiting intellectual property and managing your team and processes.

The session would cover:
•    The types of decision that might be challenged, including decisions by PhD Assessors and by Boards of Examiners (or equivalent). 
•    Dealing with requests for legal representation. 
•    The duty to act fairly and compliance with equalities duties. 
•    Common pitfalls and how to avoid them, with reference to the Office for Students' regulatory requirements, and recent decisions of the OIA and courts.

It always happens on the day when you have a full, but well-planned, day. The grumpy letter from an unsuccessful bidder. Often the first time, as head of legal, that you’ve been involved in the procurement exercise. What are the questions that you need to ask your procurement or contracts team? What will allow you to decide how urgent / risky / likely to end in a formal legal challenge, the situation is? How will you draft the appropriate response? With particular consideration for the changes to the remedies regime, as set out in the Procurement Act 2023, we will walk through the different stages of correspondence with a disgruntled bidder, looking at the pinch points such as timings, levels of disclosure, the interplay with FOI, and more, up to and including having proceedings issued against your institution. This session will give attendees the tools to manage such situations confidently.

No two University legal teams are alike, but we do have a lot in common. Alex Hall (General Counsel, City St George's, University of London) will consider structure, expertise, influencing, and a bit of leadership philosophy, for those who are building their own teams or perhaps considering doing so in the future.

In this session, we will focus on how to run investigations efficiently and effectively. We will ensure that delegates leave with a clear understanding of the necessary preparation and process, as well as how to tackle tricky issues – from sprawling issues and paperwork to requests for anonymity – and how to avoid common pitfalls. The new Office for Students registration condition in relation to harassment and sexual misconduct coming into force in August 2025 includes a requirement for staff investigating these issues to be appropriately trained. This session will provide a timely refresher on best practice principles for investigations in that context.

Competition Law Update – Kate Newman
Kate Newman, a competition law specialist from Mills & Reeve, will kick off the presentation with a reminder of why competition law is relevant to the higher education sector. Drawing from her recent article in Wonkhe, Kate will explore how competition law can both constrain and facilitate collaboration within the sector, highlighting the implications for higher education institutions.
Segment 2: Contentious Consumer Issues – Catherine Savage
With the Office for Students proposing regulatory changes and introducing a new condition of registration focused on “treating students fairly,” Catherine Savage, a contentious consumer specialist, will examine the potential impact on HE providers. This includes considerations around accommodation and library service contracts, refund policies, course changes, and the provision of disability support. Her insights will be especially valuable for institutions managing student claims, ensuring regulatory compliance, and navigating consumer protection laws.

Student wellbeing advisers and officers in universities (and those who advise them!) can often feel like they are walking a tightrope between the need to safeguard vulnerable students and the compliance requirements of data protection legislation. When students suffer mental health crises, universities are told that they must share information with appropriate individuals, but sometimes the legal bases for doing so are, at best, not clear, and, at worst, not available.  The panel (including officers from the ICO) will try to help us navigate this area to ensure the best outcomes for students in need.

The Economic Crime and Corporate Transparency Act 2023 introduces a new corporate offence of failing to prevent fraud from 1 September 2025. The offence will make it easier to hold large organisations, irrespective of sector, accountable for fraud committed for its benefit by those working for it. Any organisation, including universities and other large academic institutions, meeting 2 out of the 3 following criteria are liable:
 
250 employees or more
Annual turnover of £36 million or more
Held assets of £18 million or more. 
 
The offence should encourage those who run and operate universities, colleges and academies to implement or improve fraud prevention procedures, driving a major shift in culture to help prevent fraud.

Philip Harman, a senior Employment partner at international law firm DAC Beachcroft outlines the implications of the Act for universities, how risk management needs to evolve in response and provides tips to support legal and hr teams. 

In January this year, the Government confirmed that it will after all implement the Higher Education (Freedom of Speech) Act 2023.
In this session, we propose to cover:
•             Freedom of Speech - An overview of the legislation as now proposed by the Government – Gary Attle, Consultant, Education Sector
•             Academic Freedom – An overview of the concept of academic freedom and the protection in employment law for philosophical beliefs - Abigail Trencher, Employment Partner and Head of Education

The session will take you through the basics of Subsidy Control, when it applies to universities and how universities can manage the issue. In particular, it will deep dive into how to deal with collaborative and contract research with industrial partners, innovation zones and the incidence of Horizon Europe. It will touch on other closely related issues such as cross border IP licensing, Horizon Europe and cross border collaborations.

Higher education dispute resolution legal experts Pinsent Masons LLP will present a session in relation to the increasing risk of mass complaints and group litigation claims in the university sector. The session will cover the implications of the current group student claim promoted by Asserson/Harcus Parker (Hamon v UCL) for the HE Sector and related strategies and best practices for effective handling of issues which increasingly have the potential to be the subject of group action by students with a view to avoiding costly litigation. The context of how risk is also increasing through regulatory interventions by the OfS and updates to consumer law such as the DMCCA 2024 will be considered as well as insights into defending against group litigation and minimising institutional risk. 

This presentation examines the UK Foreign Influence Registration Scheme (FIRS) and its implications for higher education, particularly universities and research institutions. Introduced under the National Security Act 2023, FIRS requires registration of political influence activities undertaken at the direction of a foreign power. The scheme aims to increase transparency and safeguard national security, especially in sensitive academic environments.

The session will explore how the Political Influence and Enhanced Tiers of FIRS apply to foreign-funded research, international collaborations, academic publications, and visiting scholars. Registrable activities may include lobbying, policy briefings, communications intended to influence government decisions, and certain collaborative activities.

We will highlight the potential risks of non-compliance, including reputational harm and legal sanctions, and offer practical guidance on due diligence, internal policy development, and legal review. The goal is to support institutions in meeting FIRS obligations while upholding academic freedom and sustaining global research partnerships.

This Guided Nature Walk is designed to lead you through the wildlife found in the central area of Campus West at the University of York. Registration for the guided walks is available at the delegate registration desk on June 25th and 26th. Please note that this walk is limited to a maximum of 25 participants.

The Native Tree Trail at the University of York features about 20 native species located near the centre of Campus West. Registration for the guided walks is available at the delegate registration desk on June 25th and 26th. Please note that this walk is limited to a maximum of 25 participants.

This interactive session is designed to help attendees explore the challenges of their role, build awareness and understanding of mental health and wellbeing, and provide legal professionals with practical strategies for more effective management.
Learning outcomes:  
•    Understanding the legal mindset 
•    Benefits of maintaining good mental health and wellbeing
•    The importance of work life balance 
•    Understanding more about stress 
•    Practical strategies for time-management and effective email usage
•    Self-care tips

Students are increasingly conscious of their position not just as learners, but as persons with legally protected rights and interests vis-a-vis their institutions.  This new rights-consciousness concerns a range of matters, including the quality of their education and experience, their right to exercising their voice matters connected with university decision-making, and the manner in which universities interpret and apply students' rights under the general law.  This session will explore whether this new rights-consciousness presents an opportunity for greater dialogue and collaboration between university legal departments, law schools, and students.  Is there an opportunity for university legal departments as  entities and as a possible career pathway to have greater visibility and presence within law schools?  What form could such a collaboration take, and what would its benefits be?  This session will explore these questions through a panel drawing together academics and university lawyers. 

With guidance on the potential risks associated with it. Some of these risks include academic integrity; GDPR, cybersecurity and data protection breaches; intellectual property; and ethics, bias and discrimination. We have worked with clients to address these potential risks through the implementation of robust policies and guidelines to cover the use of AI; and advised on the data protection implications and assisted with setting up continuous monitoring processes. Ask to include Data Protection and Digital Information Bill.

This session will provide practical advice on the implementation of the new OfS condition of registration (Condition E6) to prevent and address harassment and sexual misconduct. We will run an interactive session covering what in-house legal teams need to think about in terms of their institutional policies and processes. We will cover a range of areas for example: complaints and appeals, reporting, investigatory processes, and disciplinary processes; as well as the broader issues that legal teams need to consider in terms of other existing policy and processes.

This talk looks at recent case law concerning universities, and identifies important points of principle and practice as well as lessons to be learned.  An important catch-up for all lawyers who want to stay on top of recent developments in the law.

Back by popular demand, the AULP forum (which operates under the Chatham House rule) allows members to raise issues, ask questions, and contribute to discussions about anything related to the work of AULP or in-house university lawyers.  Members of the AULP Executive Committee will also be available to consider and comment on issues raised by members. Do join us for what is always a helpful session.