Nursing & Midwifery Council, R (on the application of) v Smith
The court found that, based on the information provided, it was necessary to continue the suspension for public protection, but imposed a shorter extension of six months to allow for review and ensure proceedings are conducted expeditiously.
- Parties
- Claimant: Nursing and Midwifery Council; Defendant: Shan Amanda Smith
- Jurisdiction
- England and Wales
- Judgment Date
- 21 October 2010
- Procedural Posture
- Judicial Review / Application for Extension of Interim Suspension Order
- Outcome
- Application granted in part
- Legal Topics
- Interim Suspension, Fitness to Practise, Public Protection
Case Brief
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Parties
Nursing and Midwifery Council
Claimant
Shan Amanda Smith
Defendant
Procedural Posture
Judicial Review / Application for Extension of Interim Suspension Order
Legal Issues
- 1 Whether the interim suspension order should be extended
- 2 Whether the extension is necessary for public protection or in the public interest
Ratio Decidendi
The court found that, based on the information provided, it was necessary to continue the suspension for public protection, but imposed a shorter extension of six months to allow for review and ensure proceedings are conducted expeditiously.
Court Disposition
Application granted in part
Orders
- Suspension of Shan Amanda Smith extended for six months from the expiry date of the previous order
Full Case Text
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