Kelly -v- TCD [2007] IESC 61 (14 December 2007)

Kelly -v- TCD [2007] IESC 61 (14 December 2007)

The Visitors had no jurisdiction to consider the applicant's complaint in the absence of an actual decision by the Board as required by Chapter III, Section 6 of the College Statutes. The applicant failed to establish any arguable case of objective bias or procedural unfairness in the composition or nomination of the Visitors. No material factual error or mistake as to jurisdiction was established.

Citation
[2007] IESC 61
Parties
Applicant: Patrick Kelly; Respondents: The Visitors of the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin
Jurisdiction
Ireland
Judgment Date
14 December 2007
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review (appeal From High Court Dismissal)
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
Judicial Review, Bias and Objective Bias, Jurisdiction of University Visitors, Procedural Fairness, Natural Justice
Administrative Law Education Law Judicial Review Bias and Objective Bias Jurisdiction of University Visitors Procedural Fairness Natural Justice

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Parties

Patrick Kelly

Applicant

The Visitors of the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin

Respondents

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review (appeal From High Court Dismissal)

Legal Issues

  1. 1 Whether the Visitors of Trinity College had jurisdiction to consider the applicant's complaint in the absence of a Board decision
  2. 2 Whether the composition of the Visitors was tainted by objective bias
  3. 3 Whether the nomination process for the second Visitor complied with principles of natural and constitutional justice

Ratio Decidendi

The Visitors had no jurisdiction to consider the applicant's complaint in the absence of an actual decision by the Board as required by Chapter III, Section 6 of the College Statutes. The applicant failed to establish any arguable case of objective bias or procedural unfairness in the composition or nomination of the Visitors. No material factual error or mistake as to jurisdiction was established.

Court Disposition

Application for leave to apply for judicial review dismissed

Orders

  • Appeal dismissed; High Court order affirmed