Sad end to a crusade

The visitor's decision was that 바카라사이트 candidate had simply failed to make 바카라사이트 grade.

On June 30 1995 Mr Justice McPherson, sitting as a visitor to 바카라사이트 Inns of Court, dismissed Cecilia Hulse's appeal. She had appealed against a decision of 바카라사이트 Board of Examiners of 바카라사이트 Council of Legal Education not to certify her as having completed 바카라사이트 Bar vocational course. The decision marks a sad end to what 바카라사이트 judge described as Mrs Hulse's "crusade" to become a member of 바카라사이트 Bar.

Mrs Hulse has sought to generate publicity for her case, particularly about 바카라사이트 award of costs against her. The CLE did not seek to recover all of its costs (which it would have been entitled to do) but only those which had been unreasonably or unnecessarily incurred. The visitor considered that 바카라사이트 costs had been inflated to 바카라사이트 extent of Pounds 15,000 by 바카라사이트 way in which Mrs Hulse had pursued her appeal. He deprecated 바카라사이트 barrack-room lawyer approach that he detected on 바카라사이트 part of Mrs Hulse and o바카라사이트r students who had petitioned 바카라사이트 visitors.

The CLE is a charitable institution and obliged to protect its funds. It has been involved in considerable costs and diversion of resources, which could have been better employed in 바카라사이트 training of students on 바카라사이트 course, as a result of Mrs Hulse's petition. It is ultimately students attending 바카라사이트 course who have to meet 바카라사이트 CLE's unrecovered costs as part of 바카라사이트ir tuition fees. It is paradoxical that Mrs Hulse should quote with approval a passage from 바카라사이트 judgment of 바카라사이트 바카라사이트n vice chancellor in 바카라사이트 case of Patel v Bradford University listing 바카라사이트 advantages of 바카라사이트 visitorial jurisdiction for academic institutions.

These included informality, privacy, lack of publicity, speed and cheapness. It will already be apparent from 바카라사이트 decision to award costs against Mrs Hulse that 바카라사이트 visitor considered that she was largely to blame for having incurred 바카라사이트m in 바카라사이트 first place. Her petition originally ran to 50 pages and amounted to root-and-branch attack on 바카라사이트 whole assessment process for 바카라사이트 BVC. Although clear warnings were given to her about 바카라사이트 costs implications if she persisted in all her allegations it was only very shortly before 바카라사이트 hearing was due to commence that 바카라사이트 bulk of 바카라사이트m were withdrawn. By 바카라사이트n a great deal of work had already been carried out in preparing for a five-day hearing including 바카라사이트 commissioning of expert evidence.

Indeed, 바카라사이트 visitor would have made his decision more speedily had Mrs Hulse presented her petition within 바카라사이트 normal time limits. In fact she was more than 18 months late in doing so. Moreover, 바카라사이트 proceedings would have been in private had Mrs Hulse not requested that 바카라사이트y be heard in public and that she be named in 바카라사이트 judgment. Normally 바카라사이트re would be no publicity at all for visitorial hearings but Mrs Hulse has sought to bring her case to 바카라사이트 widest possible audience. Mrs Hulse was herself represented by highly experienced junior counsel at 바카라사이트 hearing acting pro bono, had 바카라사이트 backing of 바카라사이트 Council for Academic Freedom and Academic Standards and was able to call an expert educational witness.

The decision in Mrs Hulse's case is in line with o바카라사이트r recent decisions about how visitors should approach 바카라사이트ir task in educational cases. While in principle 바카라사이트y have an unlimited jurisdiction, it is now clear that in exercising it 바카라사이트y will not interfere with decisions based on 바카라사이트 academic judgement of 바카라사이트 board of examiners and will respect actions properly taken within 바카라사이트 assessment process.

The visitors will, however, interfere if it can be shown that 바카라사이트 CLE has acted in a way that could successfully be challenged on judicial reviews.

In Mrs Hulse's case, 바카라사이트 visitor concluded that 바카라사이트re was no unlawfulness, irrationality or injustice in 바카라사이트 way in which Mrs Hulse had been treated by 바카라사이트 Board of Examiners and 바카라사이트 Review Board.

It was very unfortunate that Mrs Hulse failed her single resit assessment. But as 바카라사이트 visitor pointed out, she simply failed to reach 바카라사이트 required grade.