Nursing And Midwifery Council v Rothwell

[2012] EWHC 2817 (Admin)

Case details

Case citations
[2012] EWHC 2817 (Admin)
Court
High Court (Administrative Court)
Judgment date
11 September 2012
Judgment text

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Subjects
Administrative Professional discipline Civil procedure
Keywords
Nursing regulation Fitness to practise Extension of time Consent order Procedural discretion
Outcome
application granted
Judicial consideration

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Summary

An extension of time may be granted where the circumstances justify it, including where the respondent will suffer no material prejudice and the matter can be determined within an appropriate further timetable.

Factual background

The Nursing and Midwifery Council applied for an extension of time in proceedings concerning the respondent’s fitness to act as a nurse. The respondent did not attend and was not represented. Mr Justice Collins considered the application in the context of a consent order and the respondent’s stated lack of intention to practise nursing.

Held

  1. The application for an extension of time was allowed in the circumstances. The judge indicated that, absent the consent order, he might not have granted the extension.
  2. The respondent was plainly not fitted to act as a nurse. His stated intention not to act as a nurse meant that the extension caused him no practical harm.
  3. The matter was required to be heard before the following March.

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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