November date in Cork for Judge McDonnell recusal appeal

Posted in Legal issues on August 13th, 2019 by steve

Ireland“The Burkes’ request for a new judge to hear their religious discrimination case against NUI Galway will be heard by the High Court sitting in Cork on a date in November. The Burkes appealed to the High Court in June this year after Judge Petria McDonnell refused to recuse herself from hearing their case …” (more)

[Isaac Burke, Burke Broadcast, 12 August]

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High Court appeal lodged in students’ discrimination case against NUIG

Posted in Legal issues on July 5th, 2019 by steve

Ireland“The religious discrimination case of the four Burke siblings against NUIG is headed to the High Court as individual notices of appeal seeking another judge. They are pursuing their High Court appeal to seek a different judge for their case against NUIG after asking Judge Petria McDonnell to recuse herself at the Circuit Court hearing …” (more)

[Paul Kelly, Galway Daily, 4 July]

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High Court application for recusal of Judge Petria McDonnell

Posted in Governance and administration, Legal issues on June 30th, 2019 by steve

Ireland“The Burkes lodged an appeal in the High Court yesterday against Judge Petria McDonnell’s refusal to recuse herself from hearing their religious discrimination case against NUI Galway. They are seeking to have another judge take the case …” (more)

[Burke Broadcast, 29 June]

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UCC wins appeal over disclosure of loan details to RTÉ

Posted in Legal issues, Research on April 4th, 2019 by steve

Ireland“A High Court judge has overturned the information commissioner’s decision requiring University College Cork to disclose to RTÉ certain information about a €100 million loan agreement between the college and the European Investment Bank (EIB) …” (more)

[Mary Carolan, Irish Times, 3 April]

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UCC win appeal over requirement to disclose details of loan agreement to RTÉ

Posted in Governance and administration, Legal issues on April 3rd, 2019 by steve

Ireland“A High Court judge has overturned the Information Commissioner’s decision requiring University College Cork to disclose to RTÉ certain information about a €100m loan agreement between the college and the European Investment Bank. The Commissioner must now reconsider RTÉ’s request, made under the Freedom of Information Act, in line with Mr Justice Garrett Simons’ findings …” (more)

[Ann O’Loughlin, Irish Examiner, 3 April]

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Trinity student challenges incorrect conviction contained on Garda vetting disclosure

Posted in Legal issues on March 5th, 2019 by steve

Ireland“A university student has brought a High Court challenge over what she says is the wrongful inclusion of a criminal conviction against her on a disclosure issued by the Garda National Vetting Bureau …” (more)

[Ann O’Loughlin, BreakingNews.ie, 5 March]

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Disadvantaged students need much better access to third level

Posted in Fees, access and admissions on February 14th, 2019 by steve

Ireland“In a recent High Court decision, Mr Justice Richard Humphreys vindicated a citizen’s right to access higher education and vocational training. It is both surprising and disappointing that the Minister for Education and Skills has decided to appeal this decision and is to argue that no individual has a right to access to higher education …” (more)

[Judith Harford and Brian Fleming, Irish Times, 14 February]

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The Government’s Right to Higher Education Appeal is Practical, Not Villainous

Posted in Legal issues on February 11th, 2019 by steve

Ireland“In a prominent September decision, the High Court ruled that Rebecca Carter – whose marks in a leaving certificate paper had been totted up incorrectly – was entitled to a timely recheck from the State Examinations Commission. Mr Justice Richard Humphreys made the ruling by identifying a previously unrecognised right – that of ‘reasonable access to available higher education and vocational training’ …” (more)

[University Times, 10 February]

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Analysis: Carter case appeal puts Government in a thorny position

Posted in Governance and administration, Legal issues on February 7th, 2019 by steve

Ireland“Should every individual have a right to access higher or further education after they leave school? It’s a question which lies at the heart of the Minister for Education Joe McHugh’s decision to appeal against key elements of a landmark ruling in favour of Rebecca Carter, whose Leaving Cert points were incorrectly totted up …” (more)

[Carl O’Brien, Irish Times, 6 February]

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Minister for Education to argue against right of access to higher education

Posted in Legal issues on February 6th, 2019 by steve

Ireland“Minister for Education Joe McHugh is set to argue that no individual has a right of access to higher education in an upcoming court appeal. The appeal is being made against a ruling carried out last September …” (more)

[Sarah Moran, Trinity News, 6 February]

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Piano lecturer challenges CIT’s decision to dismiss him

Posted in Legal issues on February 4th, 2019 by steve

Ireland“A lecturer at Cork Institute of Technology (CIT) has brought a High Court challenge aimed at quashing the college’s decision to dismiss him from his post. Brian McNamara’s proceedings against CIT, the Minister for Education and Skills and the State claims he was not lawfully dismissed from his role as a piano lecturer at the Cork School of Music, which became part of CIT …” (more)

[Aodhan O’Faolain, Irish Times, 4 February]

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Byne v Waterford IT [2019] IEHC 17 (22 January 2019)

Posted in Governance and administration, Legal issues on January 29th, 2019 by steve

IrelandJUDGMENT of Mr Justice Allen delivered on the 22nd day of January, 2019. On 14th May, 2001 the plaintiff was appointed as the chief officer of Waterford Institute of Technology for a term of ten years. The plaintiff’s title on his appointment was Director but following the coming into force of the Institutes of Technology Act, 2006 the plaintiff’s title was changed to President …” (more)

[Courts Service, 29 January]

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Former Waterford IT president loses case over failure to reappoint him

Posted in Legal issues on January 23rd, 2019 by steve

Ireland“A former president of Waterford Institute of Technology, Prof Kieran Byrne, has lost his High Court action over the college’s governing body’s decision not to reappoint him to the post. In his judgment on Tuesday, Mr Justice Senan Allen rejected Prof Byrne’s claim he was entitled to be reappointed as WIT president in 2011 …” (more)

[Aodhan O Faolain, Irish Times, 22 January]

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Former WIT president loses High Court action over college’s decision not to reappoint him

Posted in Legal issues on January 22nd, 2019 by steve

Ireland“The former president of Waterford Institute of Technology Professor Kieran Byrne has lost his High Court action over a decision by the college governing body not to reappoint him to the post …” (more)

[Ann O’Loughlin, Irish Examiner, 22 January]

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Former president of Waterford IT claiming damages over failure to reappoint him

Posted in Legal issues on November 14th, 2018 by steve

Ireland“The former president of Waterford Institute of Technology has claimed before the High Court he was humiliated and his reputation damaged after the college’s governing body declined to reappoint him to the post …” (more)

[Aodhan O’Faolain, Irish Times, 14 November]

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Former president of Waterford Institute of Technology sues over failure to reappoint him

Posted in Legal issues on November 13th, 2018 by steve

Ireland“The former president of Waterford Institute of Technology, Professor Kieran Byrne, has claimed before the High Court he was humiliated and his reputation damaged after the college governing body declined to reappoint him to the post. The decision not to reappoint Prof Byrne as president was taken after a newspaper published an article concerning the level of expenditure of the president’s office during his tenure …” (more)

[Ann O’Loughlin, Irish Examiner, 13 November]

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DCU student settles case over exclusion for alleged inappropriate behaviour

Posted in Governance and administration on November 2nd, 2018 by steve

Ireland“A Dublin City University student has settled his High Court case over a decision by college authorities to exclude him from his course over alleged inappropriate behaviour – which he said could be explained by ‘cultural differences’ …” (more)

[Ann O’Loughlin, Irish Examiner, 2 November]

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Leaving Cert results, CAO offers and appeal outcomes to be released earlier following UCD student’s landmark High Court case

Posted in Fees, access and admissions, Teaching on November 1st, 2018 by steve

Ireland“The release of Leaving Cert results, CAO offers and the outcomes of appeals are being brought forward next year. A major overhaul of the timetable comes in the wake of the recent High Court case …” (more)

[Katherine Donnelly, Independent, 1 November]

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Exams body said student’s appeal case ‘self-serving’

Posted in Fees, access and admissions, Legal issues on October 4th, 2018 by steve

Ireland“The case brought by Leaving Cert student Rebecca Carter was described as ‘self-serving’ by the State Examinations Commission as it fought her bid to secure a college place. New details have emerged of the lengths the State went to in an effort to stop Ms Carter winning her High Court case …” (more)

[Kevin Doyle, Independent, 4 October]

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Case in which Leaving Cert marks wrongly totted up ‘cannot be repeated’

Posted in Fees, access and admissions, Legal issues on October 3rd, 2018 by steve

Ireland“A High Court judge has said situations such as that experienced by students like Rebecca Carter, whose Leaving Cert exam points were wrongly totted up, ‘cannot be repeated’. Mr Justice Richard Humphreys said the current system where Leaving Cert exams are reviewed by the State Examination Commission (SEC) is ‘highly unfair’ to Leaving Cert students …” (more)

[Aodhan O’Faolain, Irish Times, 3 October]

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