Nursing and Midwifery Council v Carthy [2010] EWHC 1194 (Admin) (18 March 2010)

Nursing and Midwifery Council v Carthy [2010] EWHC 1194 (Admin) (18 March 2010)

Given the seriousness of the allegations and the current stage of the investigation, it is necessary for the protection of the public that the interim suspension order be extended for a further 6 months, despite the delay.

Citation
[2010] EWHC 1194 (Admin)
Parties
Claimant: Nursing and Midwifery Council; Defendant: Carthy
Jurisdiction
England and Wales
Judgment Date
18 March 2010
Procedural Posture
Application for Extension of Interim Suspension Order / Hearing of Application for Extension
Outcome
Interim suspension order extended for 6 months
Legal Topics
Interim Suspension Orders, Delay in Disciplinary Proceedings, Protection of the Public
Administrative Law Professional Regulation Interim Suspension Orders Delay in Disciplinary Proceedings Protection of the Public

Case Brief

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Parties

Nursing and Midwifery Council

Claimant

Carthy

Defendant

Procedural Posture

Application for Extension of Interim Suspension Order / Hearing of Application for Extension

Legal Issues

  1. 1 Whether to grant an extension of the interim suspension order against the respondent nurse
  2. 2 Whether the delay in proceedings justifies refusal of extension

Ratio Decidendi

Given the seriousness of the allegations and the current stage of the investigation, it is necessary for the protection of the public that the interim suspension order be extended for a further 6 months, despite the delay.

Court Disposition

Interim suspension order extended for 6 months

Orders

  • Interim suspension order extended to 4pm on 22 September 2010
  • Respondent may apply to vary or discharge the order on 3 days written notice