The Queen's Bench Division (Administrative Court) issued judgment in the matter of R (Clarke) v Cardiff University [2009] EWHC 2148 (Admin) on 19th August 2009. The case concerned challenges to the decisions of a Bar Vocational Course provider’s Examination Board and the provider’s Extenuating Circumstances Committee. The Claimant was concerned her marks had been influenced by her becoming involved in an alleged dispute between a tutor and another student.

After reviewing the facts of the case and the issues to be determined, the Administrative Court dismissed the Claimant’s challenge to the decision of the Examination Board. This decision had already been overruled and the Claimant’s challenge, even if successful, would not require any relief to be granted. However, the Administrative Court quashed the decision of the Extenuating Circumstances Committee. Member’s of the Defendant’s staff gave evidence to the Committee on the allegation they had upset the Claimant before an examination, and those same staff members proceeded to take part in the Committee’s decision. This procedure was unfair in so far as it had the effect of casting doubt upon the Claimant's credibility.