NNC v Babalola [2014] EWHC 4463 (Admin) (12 December 2014)

NNC v Babalola [2014] EWHC 4463 (Admin) (12 December 2014)

A short extension of the interim Conditions of Practice Order is appropriate due to the unresolved status of the allegations, despite the Council's indication that there may be no case to answer, in order to preserve the position and allow the respondent the opportunity to apply to vary or discharge the order.

Citation
[2014] EWHC 4463 (Admin)
Parties
Applicant: NMC; Respondent: Babalola
Jurisdiction
England and Wales
Judgment Date
12 December 2014
Procedural Posture
Application for Extension of Interim Order / Hearing of Application for Extension of Interim Conditions of Practice Order
Outcome
Extension of interim Conditions of Practice Order granted until 12 January 2015.
Legal Topics
Interim Orders, Conditions of Practice, Nursing and Midwifery Regulation
Administrative Law Professional Regulation Interim Orders Conditions of Practice Nursing and Midwifery Regulation

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Parties

NMC

Applicant

Babalola

Respondent

Procedural Posture

Application for Extension of Interim Order / Hearing of Application for Extension of Interim Conditions of Practice Order

Legal Issues

  1. 1 Whether to extend the interim Conditions of Practice Order under Article 31(8) of the Nursing and Midwifery Order 2001
  2. 2 Whether the extension is necessary for the protection of the public or otherwise in the public interest

Ratio Decidendi

A short extension of the interim Conditions of Practice Order is appropriate due to the unresolved status of the allegations, despite the Council's indication that there may be no case to answer, in order to preserve the position and allow the respondent the opportunity to apply to vary or discharge the order.

Court Disposition

Extension of interim Conditions of Practice Order granted until 12 January 2015.

Orders

  • Interim Conditions of Practice Order extended until 12 January 2015.
  • Respondent may apply to vary or discharge the order upon giving written notice.