Nursing and Midwifery Council v Jones

The court may grant a procedural extension where the circumstances justify it, including where the respondent is absent or unrepresented. An order may appropriately preserve the respondent’s ability to apply by giving short written notice to the applicant.

The Nursing and Midwifery Council sought an extension in proceedings against Miss Jones. Miss Jones was absent and unrepresented, although her statement of service was provided to the court. The central issue was whether the requested extension should be granted and, if so, whether the order should include a permission-to-apply caveat.

1. The extension sought by the Nursing and Midwifery Council was granted in the circumstances.
2. Although the defendant’s position was uncertain because she was absent and unrepresented, the court considered it appropriate to include a caveat preserving her ability to apply. She was permitted to apply on three days’ written notice to the claimant.
3. No order for costs was sought or made.