Balamoody v United Kingdom Central Council for Nursing, Midwifery and Health Visiting: Admn 18 Jul 1997

The applicant complained of having been struck off the register of nurses. He said that when he told the court that he wanted to appeal he was sent forms appropriate for a judicial review. He amended and submitted them. In correcting him, the court office again misled him.
Held: The court was unable to extend the time for filing the original appeal, but could treate the original document as an appeal and extend time for service.


Scott Baker J


[1997] EWHC Admin 704




England and Wales


CitedLow v Secretary of State for Wales 1993
Where a Notice of Motion was correctly addressed and was received in time in the Central Office, but then subsequently out of time in the Crown Office, it would be treated as having been constructively entered in the time in the Crown Office. . .
CitedMendip District Council v Secretary of State for the Environment and Castle Housing Society Limited 1993
The parties disputed what constituted an application under section 288 of the 1990 Act.
Held: Though the time limit for filing an application was absolute, a discretion remained with the court to allow subsequent service out of time in the . .

Cited by:

See alsoBalamoody v United Kingdom Central Council; Balamoody v Manchester City Magistrates’ Court Admn 10-Jun-1998
The applicant had been convicted of offences relating to the management of his nursing home, and had been struck off the Register of Nurses.
Held: It was no defence to the criminal charges that a member of staff had failed in her duties. The . .
See AlsoBalamoody v UKCC for Nursing Midwifery and Home Visitors EAT 15-Oct-1999
The claimant had complained that a decision of the respondent to cancel his nursing home registration was unlawful racial discrimination. He now appealed a decision to strike out his claim as vexatious and frivolous.
Held: It was not clear . .
See AlsoBalamoody v UkCC for Nursing Midwifery and Home Visitors EAT 5-Dec-2000
The claimant’s claim of unlawful race discrimination had been dismissed as an abuse of process by the EAT. The Tribunal now considered whether the EAT had power to make such a decision.
Held: The 1993 Regulations were more generous to . .
See AlsoBalamoody v United Kingdom Central Council for Nursing CA 14-May-2001
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 . .
Lists of cited by and citing cases may be incomplete.

Health Professions, Litigation Practice

Updated: 26 May 2022; Ref: scu.137649