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Nursing and Midwifery Council v McConaghy

[2012] EWHC 2520 (Admin)

Case details

Case citations

[2012] EWHC 2520 (Admin)

Court

High Court (Administrative Court)

Judgment date

3 September 2012

Judgment text

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Subjects

Administrative Interim remedies

Keywords

interim order extension of interim order variation or discharge written notice costs

Outcome

application granted (interim order extended; no order for costs)

Judicial consideration

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Summary

The court may extend an interim order for a specified period where the circumstances justify the order sought. The respondent should be given a stated opportunity, on written notice, to apply to vary or discharge the order. Costs may be dealt with by making no order for costs.

Factual background

The Nursing and Midwifery Council applied to extend an interim order concerning Kim McConaghy. The respondent was not present or represented, but the court had read and considered her written document dated 21 August 2012. The application sought extension of the interim order to 4pm on 9 September 2013.

Held

The application to extend the interim order was granted. The order was extended to 4pm on 9 September 2013.
The respondent was permitted, on giving three days’ written notice to the applicant, to apply to the court to vary or discharge the order.
There was no order for costs.

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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