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This site is based on Disciplinary and Regulatory Proceedings, 8th Edition
Disciplinary and Regulatory Proceedings is the leading work on this important and dynamic area of law. For 20 years it has provided authoritative guidance to lawyers, tribunals, and other experts dealing with professional discipline and regulation.

Legal representation and the Human Rights Act

Where the effect of disciplinary proceedings can deprive an employee of the right to practise his or her profession, article 6 of the Human Rights Convention is engaged. If follows that he is entitled to be legally represented at such proceedings, notwithstanding that the terms of his contract might suggest otherwise. (Kulkarni v Milton Keynes Hospital NHS Foundation Trust & Ors [2009] EWCA Civ 789.)
In this case it was said that, while only proceedings before the General Medical Council can deprive a doctor of the right to practise, the National Health Service is, to all intents and purposes, a single employer for the whole country and if a trainee doctor was found guilty in NHS disciplinary proceedings of conduct which could amount to a criminal offence he would be unemployable as a doctor and would never complete his training.
See also the case of G, R (on the application of) v X School & Anor [2009] EWHC 504 (Admin).
In neither of these cases was reference made to the earlier decision of the Court in the case of Pine v Law Society (2001) EWCA 1574 which adopted a much more restrictive approach to this subject.
In her judgment Smith LJ commented that ‘once the lawyer is admitted as a representative he or she is entitled to use all his or her professional skills in the practitioner’s service. The possible implications of this are explored in a note in the Summer 2009 edition of the ARDL Bulletin.

 

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