Blackett, R (on the application of) v Nursing and Midwifery Council

Blackett, R (on the application of) v Nursing and Midwifery Council

The High Court has no power to extend the statutory three-month time limit for appeals under section 12 of the Nurses, Midwives and Health Visitors Act 1997. The appeal was not lodged within the prescribed period, and the statutory time limit is compatible with Article 6 ECHR. The appeal is therefore dismissed as...

Source-derived case information.

Parties
Claimant: The Queen on the application of Blackett; Defendant: Nursing and Midwifery Council
Jurisdiction
England and Wales
Judgment Date
11 June 2004
Procedural Posture
Statutory Appeal / Judgment on Appeal Against Removal From Nursing Register
Outcome
appeal dismissed as out of time
Legal Topics
Statutory Time Limits, Appeals, Professional Misconduct, Removal From Register, Human Rights (article 6 Echr)
Administrative Law Professional Regulation Statutory Time Limits Appeals Professional Misconduct Removal From Register Human Rights (article 6 Echr)

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Queen on the application of Blackett

Claimant

Nursing and Midwifery Council

Defendant

Procedural Posture

Statutory Appeal / Judgment on Appeal Against Removal From Nursing Register

Legal Issues

  1. 1 Whether the High Court has power to extend the statutory three-month time limit for appeals under section 12 of the Nurses, Midwives and Health Visitors Act 1997
  2. 2 Whether the appeal was lodged in time
  3. 3 Whether the statutory time limit is compatible with Article 6 of the European Convention on Human Rights

Ratio Decidendi

The High Court has no power to extend the statutory three-month time limit for appeals under section 12 of the Nurses, Midwives and Health Visitors Act 1997. The appeal was not lodged within the prescribed period, and the statutory time limit is compatible with Article 6 ECHR. The appeal is therefore dismissed as out of time.

Court Disposition

appeal dismissed as out of time