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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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Fieldfisher—Julian Balson

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NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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