Nursing and Midwifery Council, R (on the application of) v Dublas

Where an interim suspension order is sought without the respondent having a fair opportunity to oppose it because of the applicant’s late handling of the hearing, the court may make the order while preserving the respondent’s liberty to apply to vary or discharge it. The procedural disadvantage caused by the applicant may justify an order for the applicant to pay the costs of the hearing, even where the interim order is necessary on the merits.

The Nursing and Midwifery Council sought continuation of an interim suspension order against Dublas. The hearing arrangements had not enabled the respondent to receive adequate instructions or a proper opportunity to oppose the proposed order. The court considered the appropriate form of interim relief and responsibility for the costs occasioned by the hearing.

1. The interim order was extended until 4pm on 8 September 2011.
2. Dublas was given liberty, on three days’ written notice to the Nursing and Midwifery Council, to apply to vary or discharge the order. There was no deadline for making that application.
3. The order was made because it was necessary on the merits, but the respondent had not had the opportunity to explain why it should not be made. The applicant’s late timetabling and related administrative oversight had caused that difficulty.
4. The court considered that the respondent’s attendance was reasonably understandable because a solicitor could not know what order would be made without attending. The applicant was therefore ordered to pay the respondent’s costs of the day.

not stated in the judgment.