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

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

The seriousness of the allegations and the need to protect the public justify an extension of the interim suspension order, but the extension must be limited to a reasonable period, here six months, to ensure prompt disciplinary proceedings and minimize prejudice to the respondent.

Parties
Claimant: Nursing and Midwifery Council; Defendant: Carlex Raymond Cully
Jurisdiction
England and Wales
Judgment Date
14 May 2007
Procedural Posture
Judicial Review / Application for Extension of Interim Suspension Order
Outcome
application granted
Legal Topics
Interim Suspension, Disciplinary Proceedings, Public Interest, Proportionality
Administrative Law Professional Regulation Interim Suspension Disciplinary Proceedings Public Interest Proportionality

Case Brief

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Parties

Nursing and Midwifery Council

Claimant

Carlex Raymond Cully

Defendant

Procedural Posture

Judicial Review / Application for Extension of Interim Suspension Order

Legal Issues

  1. 1 Whether the interim suspension order against the respondent should be extended
  2. 2 What duration of extension is appropriate given the circumstances

Ratio Decidendi

The seriousness of the allegations and the need to protect the public justify an extension of the interim suspension order, but the extension must be limited to a reasonable period, here six months, to ensure prompt disciplinary proceedings and minimize prejudice to the respondent.

Court Disposition

application granted

Orders

  • Interim suspension order extended for six months from 24th May 2007, expiring 23rd November 2007