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

An application for a further extension of time is determined by applying the relevant criteria and balancing all material circumstances. Relevant considerations include any objection, the history of the matter, the parties’ submissions and the principles identified in General Medical Council v Hiew [2007] EWCA Civ 369. The court may grant an extension shorter than that sought where the balance of factors warrants it. A further extension will not ordinarily be assumed to follow, particularly where the court has already granted several extensions.

The Nursing & Midwifery Council sought a third extension in proceedings against Khan. The respondent did not attend but objected to the application. The Council originally sought a longer extension; the court considered the case’s unfortunate history, the objection, the Council’s submissions and the applicable criteria. The central issue was whether a further extension should be granted and, if so, for what period.

1. The application for a further extension was granted for four months, until 5 July 2016, rather than for the full period originally sought.

2. In deciding whether to grant the extension, the court took into account the respondent’s objection, the history of the case, the submissions for the Nursing & Midwifery Council and the applicable criteria. Particular care was given to the principles identified in General Medical Council v Hiew [2007] EWCA Civ 369.

3. The decision required the relevant factors to be balanced. That balance justified a further extension, but only for four months.

4. The judge warned that any later application would face a very high threshold. If such an application came before the same judge, it would be extremely unlikely to receive a further extension.