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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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