Nursing Mid-Wifery Council, R (on the application of) v Phiri

The extension of the interim suspension order is appropriate given the ongoing disciplinary process, the need to protect the public, and evidence of proper service to the respondent.

Parties: Claimant: Nursing and Mid-wifery Council; Defendant: Phiri
Jurisdiction: England and Wales
Judgment Date: 21 October 2009
Procedural Posture: Judicial Review Application / Application to Extend Interim Suspension Order
Outcome: application granted
Legal Topics: Interim Suspension, Professional Misconduct, Procedural Fairness

Administrative Law Professional Regulation Interim Suspension Professional Misconduct Procedural Fairness

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Parties

Nursing and Mid-wifery Council

Claimant

Phiri

Defendant

Procedural Posture

Judicial Review Application / Application to Extend Interim Suspension Order

Legal Issues

1 Whether the interim suspension order against Phiri should be extended under Article 31
2 Whether proper notice of the application was served on the respondent

Ratio Decidendi

The extension of the interim suspension order is appropriate given the ongoing disciplinary process, the need to protect the public, and evidence of proper service to the respondent.

Court Disposition

application granted

Orders

Interim suspension order 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