Higher Education Litigation Solicitors / Lawyers

Ronald Fletcher Baker LLP combines extensive knowledge of the higher education sector with a strong record in litigation and judicial review. We act for independent higher education providers facing regulatory challenges, commercial disputes and difficult decisions about their institutions’ futures. 

We have successfully challenged regulatory overreach in several judicial reviews and helped providers secure Office for Students (OfS) registration following proposed refusals. We also guide institutions through regulatory investigations and resolve disputes involving franchise partners, shareholders and directors. 

Our experience gives us a close understanding of the pressures facing providers and the consequences of regulatory action for students, staff and institutional reputation. We bring that understanding to every stage of our advice, from initial engagement with a regulator to contested court proceedings. 

Judicial review and regulatory challenges 

We have a proven record of using judicial review to challenge unlawful decisions in the higher education sector. Our work champions fair treatment and proper consideration of each institution’s circumstances, particularly where assumptions about a provider or its operating model risk prejudging the outcome. 

We examine the evidence, the decision-making process and the legal basis for regulatory action. We identify where concerns can be answered through representations and where a firm legal challenge is required. 

Our litigation experience informs our advice from the outset. It helps us identify the points that matter, test the regulator’s reasoning and present the institution’s case effectively. Where proceedings are necessary, we pursue them with the provider’s wider commercial and educational objectives in view. 

Reported judgments 

Our reported cases demonstrate our experience of challenging regulatory decisions and addressing questions of procedural fairness across the education sector. 

Alongside these reported cases, we advise on sensitive regulatory and commercial matters resolved without published judgments. That work includes securing registration, responding to investigations and resolving disputes involving institutional partners and owners. 

OfS registration and proposed refusals 

We have successfully guided providers through OfS “minded to refuse” decisions to achieve registration. 

These cases require a detailed understanding of both the regulatory requirements and the institution seeking registration. Our experience includes addressing concerns about governance, ownership structures, common ownership arrangements and financial viability. 

We work closely with providers to understand the OfS’s concerns, assemble the evidence needed to answer them and identify practical changes where appropriate. We engage constructively with the regulator while firmly challenging errors or unsupported conclusions. 

Whether advising before an application or responding to a proposed refusal, we help institutions present a clear, evidenced case for registration. 

Regulatory investigations and reputation 

We advise providers on investigations involving the OfS and the Department for Education (DfE). Our experience includes helping institutions bring investigations to a close without sanctions. 

We help clients respond to information requests, address allegations and make representations about proposed findings or action. We also advise on concerns about the scope, conduct and duration of an investigation, including its effect on funding, commercial relationships and institutional stability. 

We understand the sensitivity of this work. Our advice takes account of confidentiality, proposed publication and the potential consequences for the institution and its leadership. We seek to resolve concerns effectively while protecting our clients’ position and reputation. 

Franchise, partnership and internal disputes 

Financial and regulatory pressures can place considerable strain on relationships within an institution and with its commercial partners. 

We advise on disputes arising from higher education franchise and partnership arrangements, including threatened termination and disagreements over contractual obligations. We also act in shareholder and director disputes, ownership disagreements and partnership breakdowns. 

Our understanding of higher education allows us to assess these disputes in their institutional context. We consider the implications for students, ongoing provision and regulatory relationships alongside the immediate legal and commercial issues. 

We have experience resolving sensitive disputes discreetly and effectively through negotiation, settlement and litigation. 

Working with us 

We provide clear advice on the strength of your position, the available options and the practical consequences of each approach. Our focus is on resolving the issue and helping your institution move forward. 

As a Partner of Independent Higher Education, we contribute our experience to supporting the independent sector and understanding the challenges facing its members.