Courts / Wexford / Report

SEC and Minister win limited appeal over Rebecca Carter judgement

Date
2019-05-29

Stage
Appeal

Primary locality
Castlebridge

County
Wexford

Summary

In a limited appeal, the State Examinations Commission (SEC) and the Minister for Education and Skills won against parts of a High Court decision that had allowed student Rebecca Carter to enrol in veterinary medicine at UCD. The Court of Appeal, comprising Justices Peart, Baker and Brian, held that the High Court had incorrectly found an unenumerated constitutional right to higher education, a claim not raised by Carter. The Court noted that the High Court had no jurisdiction to decide on such a right because the parties who could address it were not before the court. The ruling does not affect Carter's place at UCD or her legal costs. The High Court had earlier found the appeals process unfair and urged the Minister to review it. The SEC's appeal also challenged the High Court's findings on the appeal system's rationality and fairness, which the Court upheld as erroneous.

Who, what, where, when and why

What: Report matter: SEC and Minister win limited appeal over Rebecca Carter judgement. Procedural stage: appeal

When:

2019-05-29 Publication

Why: The Court of Appeal said it was not making a view on whether such a right exists, because it was not claimed by Ms Carter in her proceedings, and that parties who were necessary to be heard on such an issue were not before the High Court. CNI source report