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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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NEWS
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
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