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
Legal Issues
- 1 Whether to extend the interim suspension order against the respondent under Article 31
- 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
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