Source: All England Reporter
Publisher Citation: [2010] All ER (D) 56 (Jan)
Neutral Citation: [2009] EWHC 3349 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Cranston J
Representation Adam Clemens (instructed by MacLaren Britton Solicitors, Nottingham) for the appellant.
  Elizabeth Forbes (instructed by Nursing and Midwifery Council, Legal Department) for the respondent.
Judgment Dates: 7 December 2009

Catchwords

Nurse - Nursing and Midwifery Council - Conduct and Competence Committee - Committee hearing case against appellant nurse in his absence - Committee exercising discretion to proceed after taking advice from legal assessor - Committee finding allegations made against nurse proved - Striking-off being ordered - Whether flaw in committee's exercise of discretion - Whether committee's overall decision ought to stand.

The Case

Nurse Nursing and Midwifery Council. The Administrative Court held, in dismissing the instant statutory appeal, that the respondent's Conduct and Competence Committee had not fallen into error in exercising its discretion to hear allegations made against the appellant nurse in his absence, and to then find those allegations proved, and to order a striking off.

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