LIST OF CASES / R (McNally) v DSS 2002

[2001] EWCA Civ 332, reported at [2002] ICR 15, Court of Appeal on 12th March 2001.

NOTES

R (McNally) v Secretary of State for Education and Employment and anor, [2001] EWCA Civ 332 on 12th March 2001, reported at [2002] ICR 15.

the full text of this judgment is available free of charge on the BAILII website

Representation:

Nicholas Blake QC and Amanda Weston instructed by Thompsons, Manchester appeared for Mr McNally

Eleanor Grey appeared for the Secretary of State for Education

Timothy Straker QC appeared for the Metropolitan Borough of Bury

Authority for the proposition that:-

in proceedings undertaken by the governing body concerning the dismissal of a teacher, Education Reform Act 1988 para 8(9) of Schedule 3 does not give the head teacher or chief education officer an unfettered right to be present throughout and in certain circumstances natural justice may render it inappropriate for the chief education officer or the headteacher to remain.

For relevant general notes see Specific employments/teachers/a general note .

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prepared Oct2008