The Nursing and Midwifery Council v Tanfield

[2012] EWHC 374 (Admin)

Case details

Case citations
[2012] EWHC 374 (Admin)
Court
High Court (Administrative Court)
Judgment date
2 February 2012
Judgment text

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Subjects
Administrative Civil procedure Interim orders
Keywords
extension of time liberty to apply variation or discharge notice working under supervision adjournment
Outcome
application granted
Judicial consideration

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Summary

The court granted an extension sought by the applicant. The respondent was given liberty to apply to vary or discharge the order without demonstrating a change of circumstances, provided that she gave 14 days’ notice and stated her grounds.

Factual background

The Nursing and Midwifery Council applied for an extension in circumstances where the respondent was working under supervision. The respondent had sought an adjournment, but did not attend the hearing and was not represented. The issue was how the extension should be granted while preserving an opportunity for the respondent to challenge it.

Held

  1. The court granted the extension sought, taking into account that it was not unduly onerous because the respondent was working under supervision.
  2. Because the respondent had sought an adjournment and was absent, she was given liberty to apply to vary or discharge the order without establishing a change of circumstances.
  3. The application was to be made on 14 days’ notice, with the grounds stated. The applicant was directed to notify the respondent of what had occurred, and the court was to send her a copy of the order.

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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