Nursing Mid-Wifery Council, R (on the application of) v Phiri [2009] EWHC 3817 (Admin) (21 October 2009)

Nursing Mid-Wifery Council, R (on the application of) v Phiri [2009] EWHC 3817 (Admin) (21 October 2009)

It is appropriate to extend the interim suspension order as the disciplinary process is ongoing, the respondent was properly served notice at multiple addresses, and there is no criticism of the case's processing.

Citation
[2009] EWHC 3817 (Admin)
Parties
Claimant: Nursing Mid-wifery Council; Defendant: Phiri
Jurisdiction
England and Wales
Judgment Date
21 October 2009
Procedural Posture
Judicial Review / Application to Extend Interim Suspension Order
Outcome
application granted
Legal Topics
Interim Suspension, Extension of Suspension Order, Service of Notice, Professional Misconduct

Case Brief

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Parties

Nursing Mid-wifery Council

Claimant

Phiri

Defendant

Procedural Posture

Judicial Review / Application to Extend Interim Suspension Order

  1. 1 Whether to extend the interim suspension order against the respondent under Article 31
  2. 2 Whether proper notice of the application was served on the respondent

Ratio Decidendi

It is appropriate to extend the interim suspension order as the disciplinary process is ongoing, the respondent was properly served notice at multiple addresses, and there is no criticism of the case's processing.

Court Disposition

application granted

Orders

  • Interim suspension order against Phiri extended for nine months from 22 October 2009 to 22 July 2010
  • Respondent has liberty to apply to vary or discharge the order on three days' written notice