Nursing and Midwifery Council v Perreira

Where a respondent has received the claim form, does not oppose an application, consents to an interim order being extended, and agrees that the application may be dealt with without a hearing, the court may extend the interim order for the period sought where it considers that course appropriate.

The Nursing and Midwifery Council applied to extend an interim order affecting Miss Perreira. She confirmed in writing that she had received the claim form, would not attend or be represented, did not oppose the application, and consented to the extension and disposal without a hearing. The application was nevertheless dealt with at a hearing because events had overtaken the consent to determination without a hearing.

1. Miss Perreira had received the claim form and expressly stated that she did not intend to attend the hearing or be represented.
2. She did not oppose the application and consented to the interim order being extended for the period sought.
3. Although the proposed disposal without a hearing had been overtaken by events, the written consent remained relevant. The court considered it appropriate to extend the interim order.
4. The interim order was extended until 4.00 pm on 13 February 2013.

Not an appeal. The judgment records no prior decision or appellate history.