Universities set for High Court battle over alleged ‘poaching’ of staff member

Posted in Legal issues on August 27th, 2019 by steve

Ireland“One of Ireland’s universities is suing another third-level institution over the alleged ‘poaching’ of one of its academic staff. The National University of Ireland Maynooth (NUIM) has brought High Court proceedings against University College Dublin (UCD) …” (more)

[Aodhan O’Faolain and Ray Managh, BreakingNews.ie, 27 August]

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Departmental Legal Costs – Leaving Cert recheck appeal

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

IrelandMichael Moynihan (Cork North West, Fianna Fail): To ask the Minister for Education and Skills the amount spent to date by his Department and agencies under his remit appealing the case of a person (details supplied); and if he will make a statement on the matter …” (more)

[Dáil written answers, 5 March]

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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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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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Leaving Cert student’s marks upgraded following successful appeal

Posted in Fees, access and admissions, Legal issues on September 28th, 2018 by steve

Ireland“Leaving Cert student Rebecca Carter, who won her High Court case aimed at getting a marking mistake fixed in time for her to go to university, has been told that her appeal has been successful and her marks have have been upgraded …” (more)

[RTÉ News, 28 September]

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Leaving Cert ruling has far-reaching implications

Posted in Fees, access and admissions, Legal issues on September 28th, 2018 by steve

Ireland“Wednesday’s High Court ruling, in a case involving a student who appealed her Leaving Certificate results, has far reaching ramifications. Mr Justice Humphreys described the appeals system as ‘manifestly unfit for purpose’, and he directed that the Minister for Education and his department ensure that by next year, appeals are completed before the start of the academic year …” (more)

[Emma O Kelly, RTÉ News, 27 September]

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Student wins case over incorrect Leaving Cert marks

Posted in Fees, access and admissions, Legal issues on September 26th, 2018 by steve

Ireland“Student Rebecca Carter has won her High Court case over incorrectly totted up marks in her Leaving Certificate examination. The court has ordered the State Examinations Commission to decide her appeal by tomorrow evening …” (more)

[Orla O’Donnell, RTÉ News, 26 September]

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‘It’s an absolute and utter disgrace’ – Student denied place in veterinary medicine at UCD over Leaving Cert mark error

Posted in Fees, access and admissions, Legal issues on September 25th, 2018 by steve

Ireland“An 18-year-old student whose Leaving Cert marks were wrongly totted up by an examiner says the error which has denied her a place in veterinary medicine at UCD is an ‘absolute and utter disgrace’ …” (more)

[Aodhan O Faolain and Ray Managh, Independent, 25 September]

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Court told Leaving Cert error correction delay ‘unfair’

Posted in Fees, access and admissions, Legal issues on September 25th, 2018 by steve

Ireland“Lawyers for an 18-year-old student, who claims she was denied a place in UCD to study veterinary medicine due to an error totting up marks in one of her Leaving Certificate papers, have told the High Court the decision not to rectify the issue immediately is irrational and unfair …” (more)

[Orla O’Donnell, RTÉ News, 25 September]

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DCU student challenging exclusion for ‘inappropriate behaviour’ will cite ‘cultural differences’

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

“A Dublin City University student has been given leave by the High Court to challenge a decision by college authorities to exclude him from his course over inappropriate behaviour, but what he says could be explained by ‘cultural differences’ …” (more)

[Ann O’Loughlin, BreakingNews.ie, 14 May]

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Greater clarity given on students’ rights to judicial review

Posted in Legal issues on February 22nd, 2017 by steve

“The legal relationship between students and universities is complex. Students are – to some extent – consumers, with consumer rights that can be enforced in courts. They also have access to a form of ombudsman scheme, the Office of the Independent Adjudicator, which was set up to address some of the deficiencies in the historic system of University Visitors …” (more)

[Philip Plowden, Wonkhe, 22 February]

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The limits of judicial deference to academic judgment

Posted in Legal issues on June 28th, 2016 by steve

Ireland“In my first post yesterday, I took certain comments of Kennedy J in the recent US Supreme Court decision in Fisher v University of Texas  US  (23 June 2016) as the context for an analysis of the nature of judicial deference to academic judgment. In this post, I want to look at the limits to such deference. Once those limits have been reached, substantive claims are entertained, even if they often fail (see M Davies ‘Challenges to “academic immunity” – the beginning of a new era?” (2004) 16 Education and the Law 75) …” (more)

[Eoin O’Dell, Cearta, 28 June]

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The nature of judicial deference to academic judgment

Posted in Legal issues on June 27th, 2016 by steve

Ireland“The US Supreme Court, though depleted at present to eight Justices after the death of Antonin Scalia, can still muster majorities in controversial cases. One of the most controversial issues regularly before the Court (up there with abortion and guns) is affirmative action, especially in college admissions …” (more)

[Eoin O’Dell, Cearta, 27 June]

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Judicial review and the exclusive jurisdiction of University Visitors

Posted in Legal issues on June 9th, 2015 by steve

Ireland“Institutions such as cathedrals and colleges are often overseen by Visitors. The recent decision of Horner J in In re CS [2015] NIQB 36 (30 April 2015) has reaffirmed many basic principles relating to the jurisdiction of University Visitors …” (more)

[Eoin O’Dell, Cearta, 9 June]

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Fassi v. Dublin City University [2015] IEHC 38

Posted in Legal issues on February 5th, 2015 by steve

Ireland“The applicant was a PhD student at the respondent University during the academic year 2012/2013. In May 2013, his academic supervisors issued a report deeming him unsuitable to continue his studies as a result of poor academic performance and he was thus unable to progress further. He appealed this decision to the Graduate Research Studies Board (‘the Board’) which rejected his appeal on the 17th October, 2013. He brings the within judicial review proceedings seeking orders of certiorari quashing both the decision in May and that in October 2013 …” (more)

[HT: Darius Whelan]
[High Court, 29 January]

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Language schools succeed in legal challenge to new regulations

Posted in Governance and administration on January 13th, 2015 by steve

Ireland“Two English language schools catering for non-EU students have succeeded in their legal challenge against new Government accreditation requirements …” (more)

[Aodhan O’Faolain, Irish Times, 13 January]

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Meanwhile, In The High Court

Posted in Legal issues on January 13th, 2015 by steve

Ireland“‘High Court has declared new Dept of Justice regulations for language schools illegal. Rules would have forced closure of many schools.’ Two English language schools in Dublin, Academic Bridge and the National Employee Development Training Centre, had taken proceedings against the Department of Justice in the High Court …” (more)

[Broadsheet.ie, 13 January]

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Student thrown out of QUB over criminal conviction wins High Court permission to challenge decision

Posted in Legal issues on November 19th, 2014 by steve

UK“A student thrown out of Queen’s University in Belfast over a criminal conviction has won High Court permission to challenge the sanction. His lawyers were granted leave to seek a judicial review of the decision to exclude him for a set period of time …” (more)

[Alan Erwin, Belfast Telegraph, 19 November]

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Allegation of breach of examination rules – right to fair procedures

Posted in Legal issues on August 31st, 2013 by steve

Ireland“The applicant in this case is in her third and final year as a student at the Athlone Institute of Technology. She attended the premises of the respondent on the 13th December, 2012, to sit her third year exam in Financial Management on the 13th December, 2012. The examination was scheduled to take place at 9.30 …” (more)

Dunne J, Zhang v. Athlone Institute of Technology [2013] IEHC 390

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