Source: All England Reporter
Publisher Citation: [2012] All ER (D) 58 (Jun)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Sycamore J sitting as a judge of the High Court (judgment delivered extempore)
Representation Richard O'Brien (instructed by the Bar Pro Bono Unit) for the claimant.
  The defendant did not appear and was not represented.
  Kate Olley (instructed by the Treasury Solicitor) for the Secretary of State for Education.
Judgment Dates: 13 June 2012

Catchwords

Medical practitioner - Professional misconduct - Disciplinary proceedings - Claimant mental health nurse being placed on protection of children and protection of vulnerable adult lists - First Tier Tribunal dismissing claimant's appeal against placement on lists - First Tier Tribunal not considering witness evidence - Upper Tribunal refusing permission to appeal - Whether Upper Tribunal erring.

The Case

Medical practitioner Professional misconduct. The Administrative Court, in allowing the claimant's application for judicial review, held there had been serious procedural irregularities in the approach of the First Tier Tribunal in respect of the claimant's appeal, which had vitiated the approach of the Upper Tribunal, and ordered that the decision of the First Tier Tribunal be quashed and the matter remitted to the Upper Tribunal.

Practice Areas

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