The Nursing and Midwifery Council v Sargeant

The Nursing and Midwifery Council v Sargeant

The court granted a further 6-month extension of the suspension order, emphasizing that such delays are intolerable and must be justified by very good reasons, especially where the individual's livelihood is at stake.

Parties
Claimant: The Nursing and Midwifery Council; Defendant: Sargeant
Jurisdiction
England and Wales
Judgment Date
18 February 2010
Procedural Posture
Judicial Review / Application for Extension of Suspension Order
Outcome
extension of suspension order granted
Legal Topics
Extension of Suspension Order, Delay in Disciplinary Proceedings
Administrative Law Professional Regulation Extension of Suspension Order Delay in Disciplinary Proceedings

Case Brief

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Parties

The Nursing and Midwifery Council

Claimant

Sargeant

Defendant

Procedural Posture

Judicial Review / Application for Extension of Suspension Order

Legal Issues

  1. 1 Whether the suspension order against the defendant should be extended
  2. 2 Whether the delay in conducting the disciplinary hearing is justifiable

Ratio Decidendi

The court granted a further 6-month extension of the suspension order, emphasizing that such delays are intolerable and must be justified by very good reasons, especially where the individual's livelihood is at stake.

Court Disposition

extension of suspension order granted

Orders

  • Suspension order extended for 6 months until 19 August 2010.