ABSTRACT
This chapter focuses on the current state of play concerning legal conflict arising out of the existence of private education and will also try to highlight possible trends for the future. Independent Sector is roughly estimated that something like one in sixteen children is educated in private schools. Moreover, the trend towards the independent sector has been stimulated over the past couple of years as a result of encouragement from the present conservative government. However, where the school is found to be in breach of its contract to educate, remedies such as specific performance and an injunction are unlikely to be granted because the courts are notoriously reluctant. The legislation certainly proved a disappointment to the private sector but in fact it has not completely deterred employers from continuing to offer such scholarships. It has been argued that the complete abolition of private education would constitute an infringement of personal liberty.
