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Human rights

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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