The Gazette 1989

GAZETTE

APRIL 1989

before embarking on their determination it is necessary to set out first how that system came into being and how it operated between its inception and 1986. The Society's Law School was set up in 1978. Prior to that there had been discussions about it between the Society and the Law Schools of the National University and of Trinity College. It had been envisaged that an Apprentice with a Degree in Law from any of these Universities would be exempt from the final examination - first part which an Apprentice would other- wise have to pass in order to gain entrance to the Law School. This is reflected in paragraph 12(1) of the explanatory note to the Solicitors Act, 1954 (Apprenticeship and Education) (Amendment No. 1) Regulations, 1974 (Statutory Instrument Number 138 of 1974) which is as follows: "Applicant with Law Degree Subject to passing the Statutory First Irish Examination and obtaining a master, the applicant will be allowed to commence the three year apprenticeship and will be given an exemption from the Society's First Law Examination (new form)". And Regulation No. 17 of the Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) Regulations 1975 (Statutory Instru- ment No. 66 of 1975) to which I shall refer as "the 1975 Regula- tions" expressly gives the Com- mittee a discretion to exempt in whole or in part from the final examination - first part "an apprentice who holds or is entitled to hold a degree in law of a recognised university in Ireland". During the course of 1976 it emerged that the numbers attending the new Law School each year would have to be limited to 150. Blackhall Place could not handle more than 75 students at a time, and with two professional courses being held every year, this meant that the yearly intake of students could not exceed 150. The question which then had to be considered was that raised by Mr. Maurice Curran, the Chairman of the Committee at the time, in a Memorandum prepared for the Council dated the 24th February 1977: "How are we to decide who obtains entrance to the limited

Applicant passed the final examination - first part. 10. A Declaration that the Appli- cant is entitled to admission to the Law School for the next course. The grounds on which the Applicant relied as entitling him to this relief were detailed in his original and amended Statement. Grounds of opposition were filed by the Society on the 7th September 1987 and amended grounds on the 4th December 1987. It is un- necessary to set out any of the grounds in full as by Order of the President of the High Court made by Consent on the 2nd March 1988 the issues to be tried were settled and the case was adjourned for plenary hearing on oral evidence. These issues were originally eight in number but when the matter came before me it was agreed by the parties that five only had to be determined. These were: 1. Did the Respondents limit to 150 the number of places to be awarded to candidates who sat the final examination - first part in or about the month of November 1986? 2. If so, is it ultra vires the powers of the Respondents to so limit the number of places available at its Law School? 3. Is it lawful for the Respond- ents to require as a standard to be attained in the final examination - first part held in November 1986 a pass mark of 50% in each of the five subjects, Law of Contract, Law of Tort, Law of Real Property, Constitutional Law and Company Law, and in the case of a candidate failing to achieve that standard in not more than two subjects, an aggregate pass mark of 250 marks in these five subjects? 4. Did the Applicant as a matter of fact know that 50% was the pass standard set for the said examination in 1986 before he sat the said examination? 5. Are the Respondents com- pellable in law to consider the Applicant as having achieved a satisfactory standard on the marks actually received by him in the said examination? Most of these issues are con- cerned with the system of entry to the Society's Law School, so

number of places in the new Law School?" A variety of suggestions was considered and that ultimately adopted, notwithstanding strong opposition from the Universities, was that it should be decided by examination. Accordingly, starting in 1978, an examination known as the final examination - first part has been held in November of each year. No problem arose initially as the numbers seeking entrance to the Law School were small. But between 1981 and 1984 the numbers sitting the examination rose from 172 in 1981 to 391 in 1984. One of the consequences of this was that the examination became a competitive examination. And this appears to have been acknowledged by the Society. In its booklet "How to become a Solicitor" (June 1985 edition), it is stated on page 5 in regard to the final examination - first part "candidates compete for 150 places". And in the syllabus for the 1986 examination, paragraph 2 of the notes on the examination states that "150 places in the Society's Law School are awarded annually on the basis of overall performance in the five subjects other than Criminal Law, although a satis- factory standard must be achieved in each subject including Criminal Law before any candidate will be awarded a place". Finally, the following statements appear in the Minutes of a meeting held on the 10th April 1978 between members of the Committee and represen- tatives of the four University Law Schools: "The Society was firm that the annual quota would not exceed 150. The final examination - First Part. The Society stated that it had taken decisions on the following points: (iv) That the competitive examination would therefore be based on five subjects i.e. Torts, Contract, Real Property, Constitutional Law and Company Law". The pass standard adopted by the Society was 50%. This appears from the Minutes of a meeting of the Committee held on the 1st March 1976 when the following standards were agreed: Pass 50% First Class Honours 70% with a minimum of 60 in each subject.

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