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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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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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