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Nursing and Midwifery Council, R (on the application of) v O' Reilly

[2011] EWHC 191 (Admin)

Case details

Case citations

[2011] EWHC 191 (Admin)

Court

High Court (Administrative Court)

Judgment date

25 January 2011

Judgment text

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Subjects

Administrative Professional disciplinary proceedings Interim protective orders

Keywords

interim suspension order professional registration consent order extension of order Investigating Committee

Outcome

application granted

Judicial consideration

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Summary

The court may extend an interim suspension order affecting professional registration where the extension is agreed by the parties, a consent order is submitted, and the circumstances justify the order.

Factual background

The Nursing and Midwifery Council applied for a six-month extension of an interim suspension order imposed on the respondent’s registration by the Investigating Committee. The order was due to expire on 26 January 2011. The application was agreed between the parties, and a consent order was submitted.

Held

The Council’s application for a six-month extension of the interim suspension order was agreed between the parties.
The court had regard to the procedural history. An interim conditions of practice order had been made for 18 months on 27 July 2009. It had subsequently been reviewed and continued on three occasions. At the review on 28 October 2010, the committee replaced it with the interim suspension order.
In all the circumstances, the court ordered the requested six-month extension.

The court’s approach to earlier authorities

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Key cases cited

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Cases citing this case

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