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18 July 2013
Issue: 7569 / Categories: Case law , Law reports , In Court
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Human rights

R (on the application of Adesina and others) v Nursing and Midwifery Council [2013] EWCA Civ 818, [2013] All ER (D) 112 (Jul)

The claimants were both nurses who had sought to bring an appeal against a disciplinary decision of the defendant Nursing and Midwifery Council (the NMC) under Art 29(9) of the Nursing and Midwifery Order 2001 (SI 2002/253). Both claimants sought to appeal outside of the 28 day time limit set out in the Order. The judge held that both claimants’ appeals were time-barred. The claimants appealed. The Court of Appeal held that it was established law that where a right of appeal was provided, it had to be compliant with Art 6 of the European Convention on Human Rights and that the rights enshrined in Art 6 might be subject to limitations but such limitations were not to restrict or reduce the access left to the individual in such a way or to such an extent that the very essence of the right was impaired. Although there were differences between extradition appeals and appeals in disciplinary

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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