Application to extend interim suspension. Judges: Newman J Citations: [2007] EWHC 1727 (Admin) Links: Bailii Statutes: Nursing and Midwifery Order 2001 31(8) Jurisdiction: England and Wales Health Professions Updated: 04 December 2022; Ref: scu.258408
The applicant sought leave to appeal against a decision disallowing his complaint at his claim for race discrimination being struck out as scandalous, frivolous or vexatious. He said that the Tribunal had dismissed his claim without giving him opportunity to present the facts on which it was based. Held: Given the decision on Roffey, the … Continue reading Balamoody v United Kingdom Central Council for Nursing: CA 14 May 2001
The appellant challenged a finding that her fitness to practice had been impaired by misconduct and the attachment of a conditions of practice order effective for six months. Held: The Panel had applied the correct test. Judges: Wyn Williams J Citations: [2013] EWHC 696 (Admin) Links: Bailii Statutes: Nursing and Midwifery Order 2001 21 Citing: … Continue reading Harford v The Nursing and Midwifery Council: Admn 10 Apr 2013
Appeal against decision of Conduct Competence Committee by midwife. Judges: Eder J Citations: [2013] EWHC 586 (Admin), [2013] WLR(D) 132 Links: Bailii, WLRD Statutes: Nursing and Midwifery Order 2001 Jurisdiction: England and Wales Health Professions Updated: 14 November 2022; Ref: scu.471935
Application for extension of interim suspension. Citations: [2007] EWHC 833 (Admin) Links: Bailii Statutes: Nursing and Midwifery Order 2001 31(8) Jurisdiction: England and Wales Health Professions Updated: 12 November 2022; Ref: scu.251462
The council appealed against what it said was a lenient sentence imposed on a doctor for malpractice. Held: It was relevant to take account of the way criminal courts dealt with appeals against lenient sentences. The test in relation to an appeal would be different depending on whether the appeal is mounted against an excessive … Continue reading Council for the Regulation of Healthcare Professionals v General Medical Council and Dr Solanke: Admn 30 Apr 2004
The appellant, a former registered nurse, Miss Christina Christian appealed against an order of the Nursing and Midwifery Council Conduct and Competence Committee to strike her off as a registered nurse and to impose an interim suspension order. The effect of the latter is to suspend the nurse from practice immediately following pronouncement of the … Continue reading Christian v Nursing and Midwifery Council: Admn 19 Feb 2010
The Council sought to refer to the High Court decisions to acquit the doctors of professional misconduct. The doctors argued that the power only existed for lenient sentences. Held: The power to refer for undue leniency included the situation where the committee’s decision to acquit was inadequately founded. The purpose of section 29 was engaged … Continue reading Dr Giuseppe Ruscill, Council for the Regulation of Health Care Professionals v The General Medical Council and Another, The Council for the Regulation of Health Care Profesionals, The Nursing and Midwifery Council, Truscott: CA 20 Oct 2004
Judges: Supperstone QC J Citations: [2009] EWHC 2210 (Admin) Links: Bailii Statutes: Nursing and Midwifery Order 2001 31(8) Jurisdiction: England and Wales Health Professions Updated: 22 May 2022; Ref: scu.374734
The Council applied for an extension to the interim suspension order made against the respondent. Held: Though the delay was long, given the nature of the allegations, a further extension should be granted. Judges: Parker J Citations: [2010] EWHC 260 (Admin) Links: Bailii Statutes: Nursing and Midwifery Order 2001 Jurisdiction: England and Wales Health Professions … Continue reading Nursing and Midwifery Council, Regina (on The Application of) v Khoulowa: Admn 12 Jan 2010
An employment tribunal had no power to dismiss a claim as without a reasonable prospect of success before it was begun to be heard. The power to regulate its own hearings did not include such a power, and the power to dismiss a claim as frivolous or vexatious, or for failure to comply with directions … Continue reading Care First Partnership Ltd v Roffey and Others: CA 22 Nov 2000
Lindley LJ described the basis of rules allowing a case to be struck out for being ‘scandalous, frivolous or vexatious’, ‘It appears to me that the object of the rule [Order XXV, rule 4] is to stop cases which ought not to be launched -cases which are obviously frivolous or vexatious, or obviously unsustainable . … Continue reading Attorney General of the Duchy of Lancaster v London and North Western Railway Company: 1892
Judges: Mr Justice Cobb Citations: [2014] EWHC 4291 (Admin) Links: Bailii Statutes: Nursing and Midwifery Order 2001 Jurisdiction: England and Wales Health Professions Updated: 29 April 2022; Ref: scu.541608
Judges: Mr Justice Burnett Citations: [2012] EWHC 3404 (Admin) Links: Bailii Statutes: Nursing and Midwifery Order 2001 31(8) Jurisdiction: England and Wales Health Professions Updated: 26 April 2022; Ref: scu.471242
Application under Article 31(8) of the Nursing and Midwifery Order 2001 for an extension of an Interim Suspension Order made by a panel of the Council’s Practice Committee. Judges: Mr Justice Wilkie Citations: [2010] EWHC 1816 (Admin) Links: Bailii Jurisdiction: England and Wales Health Professions Updated: 18 April 2022; Ref: scu.421053
The appellant nurse challenged refusal of her re-registration after her second conviction for drink driving. Held: The Panel’s decision was not to be faulted. Judges: Sir Terence Etherton MR, Davis, Underhill LJJ Citations: [2017] EWCA Civ 1344 Links: Bailii Statutes: Nursing and Midwifery Order of Council 2001 Jurisdiction: England and Wales Health Professions Updated: 30 … Continue reading Doherty v The Nursing and Midwifery Council: CA 19 Sep 2017
Applicant’s application under Article 31(8) of the Nursing and Midwifery Order 2001, for a nine month extension of an interim order imposed on the respondent to these proceedings, restricting his registration as a nurse. Judges: Mrs Justice Eady Citations: [2020] EWHC 2571 (Admin) Links: Bailii Statutes: Nursing and Midwifery Order 2001 Jurisdiction: England and Wales … Continue reading Nursing and Midwifery Council v Coombs: Admn 25 Aug 2020
Cox J [2011] EWHC 190 (Admin) Bailii Nursing and Midwifery Order 2001 31(8) England and Wales Health Professions Updated: 09 November 2021; Ref: scu.429674
Three of the appellants were Polish citizens resisting European Arrest Warrants. A fourth (H), a British citizen, faced extradition to the USA. An order for the extradition of eachhad been made, and acting under advice each filed a notice of appeal from prison. The legal services department of the Prison service relayed the notices to … Continue reading Lukaszewski v The District Court In Torun, Poland: SC 23 May 2012
Bias may not be intentional The applicant claimed that he had been denied appointment to a job with London Regional Transport because he had brought a number of previous race discrimination claims against it or associated companies. An industrial tribunal had upheld his claim of victimisation contrary to section 2(1) of the 1976 Act, finding … Continue reading Swiggs and others v Nagarajan: HL 15 Jul 1999
The claimant had been struck from the register of nurses after convictions arising from failures of his staff at his nursing home with regard to drug management. He had then brought claims of unlawful race discrimination against the health authority and against the respondent. Those claims had been dismissed as frivolous, no valid comparator having … Continue reading Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting: CA 6 Dec 2001
Appeal against finding of the Conduct and Competence Committee of the Nursing and Midwifery Council. . .
The Chairman of the Industrial Tribunal had struck out the employers’ Notice of Appearance for failure to comply with an order for particulars. Hld: The employers’ appeal to the EAT was dismissed. The court considered a strike out of an application before the Industrial Tribunal: ‘The striking-out of the entire notice of appearance was indeed … Continue reading Medallion Holidays Ltd v Birch: 1985
The plaintiff was one of many female employees who complained to the industrial tribunal that she was paid less by the defendant than her male counterparts. Sample cases were selected for trial and the others stayed pending a decision. It was an express term that the other cases were not bound by the test cases. … Continue reading Ashmore v British Coal Corporation: CA 1990
The claimant appealed against orders striking out his complaint of unlawful racial discrimination. He had owned a nursing home regulated by the respondent authority. A senior white employee had broken regulations regarding safekeeping of drugs, but he as owner had been prosecuted and struck off. She had not. The home registration was then cancelled. He … Continue reading Balamoody v Manchester Health Authority: EAT 2 Mar 1999
A frivolous claim is one that has no substance in it and is bound to fail or on the face of it is so manifestly misconceived that it has no prospect of success: ‘If the employee knows that there is no substance in his claim and that it is bound to fail, or if the … Continue reading E T Marler Limited v Robertson: NIRC 1974
Conditions for new evidence on appeal At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for a retrial. Held: The Court of Appeal refused to … Continue reading Ladd v Marshall: CA 29 Nov 1954
The GMC appealed against the dismissal of its proceedings for professional misconduct against the respondent doctor, whose expert evidence to a criminal court was the subject of complaint. The doctor said that the evidence given by him was privileged. Held: Immunity given in a criminal court did not provide an excuse before a professional body … Continue reading General Medical Council v Professor Sir Roy Meadow, Attorney General: CA 26 Oct 2006
