Nursing and Midwifery Council v Bentum

Nursing and Midwifery Council v Bentum

Given the unforeseen developments regarding the respondent's mental health and the resulting adjournment of the disciplinary hearing, it is appropriate to extend the interim order for a further six months to allow the rescheduled hearing to take place.

Parties
Claimant: The Nursing and Midwifery Council; Defendant: Mark Bentum
Jurisdiction
England and Wales
Judgment Date
22 February 2012
Procedural Posture
Judicial Review / Application for Extension of Interim Order
Outcome
application granted
Legal Topics
Interim Orders, Disciplinary Proceedings, Mental Health and Fitness to Practise
Professional Regulation Interim Orders Disciplinary Proceedings Mental Health and Fitness to Practise

Case Brief

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Parties

The Nursing and Midwifery Council

Claimant

Mark Bentum

Defendant

Procedural Posture

Judicial Review / Application for Extension of Interim Order

Legal Issues

  1. 1 Whether the interim order against the respondent's registration should be further extended
  2. 2 Whether the circumstances justify a further extension despite previous judicial indication against further extensions

Ratio Decidendi

Given the unforeseen developments regarding the respondent's mental health and the resulting adjournment of the disciplinary hearing, it is appropriate to extend the interim order for a further six months to allow the rescheduled hearing to take place.

Court Disposition

application granted

Orders

  • Interim order extended for a period of six months from 23 February 2012