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15 February 2010
Issue: 7404 / Categories: Legal News
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Legal representation

Professionals who face disciplinary proceedings that could result in loss of livelihood will be granted the right to legal representation, following an important Court of Appeal ruling.

Professionals who face disciplinary proceedings that could result in loss of livelihood will be granted the right to legal representation, following an important Court of Appeal ruling.

In G, R (on the application of) v X School and Ors [2010] EWCA Civ 1, a teaching assistant accused of improper behaviour towards a 15 year-old work experience student was denied legal representation at an internal disciplinary hearing which resulted in his dismissal. The school applied for the teacher to receive a lifetime ban from working with children.

The Equality and Human Rights Commission (EHRC) intervened in the hearing to argue that, given the grave consequences of the outcome for G, he was entitled to a fair trial, including the right to be represented by a lawyer. 
The court agreed, in a unanimous decision. Lord Justice Laws said Art 6 of the European Convention on Human Rights (right to a fair trial) was engaged. “It is I think clear that Art 6 “civil” does not

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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