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

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

The extension of the interim suspension order is justified by the ongoing risk to the public, the public interest, and the respondent's own interest, given unresolved allegations of misconduct and the possibility that the substantive hearing may not conclude as scheduled.

Source-derived case information.

Parties
Applicant: Nursing & Midwifery Council; Respondent: Peter Mulhearn
Jurisdiction
England and Wales
Judgment Date
27 November 2014
Procedural Posture
Judicial Review / Interim Order Extension
Outcome
extension of interim suspension order granted
Legal Topics
Interim Suspension, Public Protection, Misconduct Allegations
Administrative Law Professional Regulation Interim Suspension Public Protection Misconduct Allegations

Source-derived case record

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Parties

Nursing & Midwifery Council

Applicant

Peter Mulhearn

Respondent

Procedural Posture

Judicial Review / Interim Order Extension

Legal Issues

  1. 1 Whether to extend the interim suspension order against the respondent's registration
  2. 2 Whether the extension is necessary to protect the public and in the public interest

Ratio Decidendi

The extension of the interim suspension order is justified by the ongoing risk to the public, the public interest, and the respondent's own interest, given unresolved allegations of misconduct and the possibility that the substantive hearing may not conclude as scheduled.

Court Disposition

extension of interim suspension order granted

Orders

  • Interim order suspending Peter Mulhearn's registration extended for three months until 27 February 2015