Important Clarification From High Court Of Classes Of Decision That Can Be Judicially Reviewed

• Published date: 20 September 2022
• Subject Matter: Consumer Protection, Litigation, Mediation & Arbitration, Arbitration & Dispute Resolution, Education, Personal Injury
• Law Firm: RDJ LLP
• Author: Mr Ronan Geary and Lisa Mansfield

The High Court (per Barrett J)¹ yesterday handed down a highly significant decision regarding the circumstances in which a decision of a State entity is amenable to judicial review. The decision also is highly significant, particularly in the education sphere, in relation to the extent of discretion or otherwise available to such State bodies in the implementation of their governing rules and regulations. The Court found that the decision of the University to issue a deferral outcome in end of year results for a student who had not been able to carry out a particular mandatory placement during the academic year (due to injury) was not of a nature that made it amenable to examination by the Court in judicial review proceedings, but was instead simply an application by the University of its rules and regulations as part of its private law contract with the student in question.

RDJ LLP, together with Brian Kennedy SC and Caren Geoghegan BL, successfully acted for the University in the proceedings which progressed from commencement to trial in a less than two week window given their urgency (related to the imminent start of the University's academic year).

Facts

The Applicant was a student in the University's Bachelor of Education (B.Ed.) Programme who completed her 3^rd year in May 2021. It was common case she was an excellent student. Due to a sporting injury however, she was unable to complete one school placement module during the course of her 3^rd year and the University's applicable rules and regulations provided in such circumstances she would have to attend and pass that school placement module in the academic year starting in September 2022 instead - the consequence being that she would only be able to progress to Year 4 in the academic year commencing September 2023. The Applicant contended that the University had discretion to allow her to carry out her school placement at alternative times (outside the normal times provided for such placements) and relied on similar exemptions given to students subject to bereavement and during the COVID 19 emergency.

Judgment

Essentially Barrett J. found that the decision was not one capable of being reviewed by the Court.

Barrett J noted there were previous cases between Universities and students where decisions had been deemed amenable to judicial review - but he further noted that in most such cases there was a disciplinary issue concerned (which was absent here). In her submissions, the Applicant had argued...