Nursing & Midwifery Council, R (on the application of) v McDermid

An interim order may be extended where the filed evidence establishes that an extension is appropriate. The court may take into account whether the proceedings would already have concluded within the original period but for an adjournment requested by the respondent.

The Nursing and Midwifery Council applied for an extension of an interim order concerning the respondent nurse. The respondent had previously requested an adjournment and was neither represented nor present at the hearing. The court considered the filed witness evidence and whether the extension was justified.

1. Application granted. The court was satisfied, on the evidence filed, that an extension of the interim order was appropriate.
2. The court gave particular weight to the fact that the case would by then have concluded within the original period but for the respondent’s requested adjournment.
3. The interim order was extended until 4 pm on 9 July 2016. The respondent was given permission to apply to vary or discharge the order.
4. There was no order as to costs.

Not stated in the judgment.