Human rights

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