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Legal representation

15 February 2010
Issue: 7404 / Categories: Legal News
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Professionals who face disciplinary proceedings that could result in loss of livelihood will be granted the right to legal representation, following an important Court of Appeal ruling.

Professionals who face disciplinary proceedings that could result in loss of livelihood will be granted the right to legal representation, following an important Court of Appeal ruling.

In G, R (on the application of) v X School and Ors [2010] EWCA Civ 1, a teaching assistant accused of improper behaviour towards a 15 year-old work experience student was denied legal representation at an internal disciplinary hearing which resulted in his dismissal. The school applied for the teacher to receive a lifetime ban from working with children.

The Equality and Human Rights Commission (EHRC) intervened in the hearing to argue that, given the grave consequences of the outcome for G, he was entitled to a fair trial, including the right to be represented by a lawyer. 
The court agreed, in a unanimous decision. Lord Justice Laws said Art 6 of the European Convention on Human Rights (right to a fair trial) was engaged. “It

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Birketts—trainee cohort

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The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
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Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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