Nursing and Midwifery Council v Faulkner

The court may permit short service of an application where the circumstances justify departing from the usual notice period. Relevant considerations include the seriousness of the underlying matter, the public interest in the relief sought, the respondent’s engagement with the proceedings, and the likelihood of material prejudice caused by the shortened notice. Even where permission is granted, the applicant should provide proper notice in accordance with the rules and review its procedures where inadequate notice has been given.

The Nursing and Midwifery Council applied under the Part 8 procedure to extend an interim suspension order imposed on a registered nurse. The order was due to expire on 8 March 2013. The application papers were posted on 27 February, with deemed service on 1 March, and the application was brought on without the usual three clear days’ notice required by CPR 23.7(1). The respondent did not attend or participate in the proceedings. The Council sought permission for short service under CPR 23.7(4) and an extension of the suspension order.

1. The court granted permission for short service under CPR 23.7(4). Although the inadequate notice was unexplained and it was not obvious that permission should be granted, the particular circumstances justified proceeding.

2. The seriousness of the outstanding disciplinary charges and the strong public interest in maintaining the interim suspension pending the final disciplinary hearing weighed in favour of relief.

3. The evidence indicated that the respondent had not engaged at all with the disciplinary proceedings. The court considered it unlikely that allowing short service had caused material prejudice to him.

4. Balancing those considerations, the court ordered that the letter sent on 27 February 2013 constituted sufficient notice of the application and granted the extension of the interim suspension order sought by the Council.

5. The Council was expressly directed to review its procedures and ensure that proper notice is given in future applications for extensions of suspension orders.