State parties appeal certain aspects of student's successful examination review case

The State Examinations Commission and the Minister for Education and Skills have appealed certain aspects of a High Court judgment which allowed student Rebecca Carter to take up a place at veterinary medicine at University College Dublin.

The outcome of the appeal will not affect Ms Carter's place in UCD, nor will she be liable for any legal costs incurred should the appeal court find in the State parties favour.

In September Ms Carter won her High Court case aimed at forcing the commission to rectify an error in the totting up of her Leaving Certificate marks before UCD closed its admissions for 2018.

Mr Justice Richard Humphreys ruled the appeals process was highly unfair, not fit for purpose and caused untold stress to students.

He said the Minister and Department of Education should review the process to ensure all appeals were completed before the start of the academic year in 2019.

Ms Carter (18) of Ardcolm Drive, Rectory Hall, Castlebridge, Wexford, had sued the State Examinations Commission (SEC) challenging its decision not to re-check her points score in time to allow her to obtain a place in Veterinary Medicine.

She had repeated her Leaving Certificate in order to get a place in the course having just missed out on a place the year before.

The case was briefly mentioned before Mr Justice Mary Irvine at the Court of Appeal today.

Nuala Butler SC for the Minister for Education said her client wished to appeal certain parts of the judgement.

Counsel said the appeal was urgent from her client's perspective and was seeking the earliest possible date.

Ms Justice Irvine listed the appeal for hearing in late May but was hopeful that it could be heard earlier than that.

Ms Carter, represented by solicitor Eileen McCabe will participate in the appeal as 'legitimus contradictor' to the State parties.

However, it is understood that the Co Wexford student's legal costs have been indemnified by the State appellants.

Mr Justice Humphreys had previously awarded Ms Carter her legal costs.