R (Adesina) v Nursing and Midwifery Council R (Baines ) v Same
| Jurisdiction | England & Wales |
| Judgment Date | 09 July 2013 |
| Date | 09 July 2013 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Maurice Kay, Lord Justice Patten and Lord Justice Floyd
The 28-day time limit for lodging an appeal from a decision of the Nursing and Midwifery Council to strike off or discipline a nurse was SUBJECT to a discretionary power of extension which would only arise in a very small number of cases where the circumstances were exceptional and where the appell ant personally had done all she could to bring the appeal in time.
The Court of Appeal so stated when dismissing the appeals of Victoria Adesina and Janet Baines against a decision of Mr Justice Hickinbottom in the Administrative CourtUNK ([2012] EWHC 2615 (Admin)) to strike out their appeals, made under article 29(10) of the Nursing and Midwifery Order 2001 (SI 2002 No 253), against decision made by the Nursing and Midwifery Council to strike them off the professional register.
Mr Matthew Pascall for the claimants; Mr Timothy Otty, QC, for the council.
LORD JUSTICE MAURICE KAY said that in the Administrative Court it had been conceded, based on Mitchell v Nursing and Midwifery CouncilUNK ([2009] EWHC 1045 (Admin)) and Reddy v General Medical CouncilUNK ([2012] EWCA Civ 310), that the 28 day time limit was absolute.
But the Supreme Court had subsequently decided Pomiechowski v PolandTLRWLR (The Times June 7, 2012; [2012] 1 WLR 1604) in which it had held that apparently absolute time limits might, in some circumstances, have to yield to the requirements of the right to a fair trial pursuant to artic le 6 of the European Convention on Human Rights.
The Mitchell/Reddy line of authority was not untouched by Pomiechowski. The context, exclusion from a profession, was still one of great importance to an appellant. There was good reason for there to be time limits with a high degree of strictness. However, one only had to consider hypothetical cas es to appreciate that, without some margin for discretion, circumstances...
To continue reading
Request your trial
-
Daniels v Nursing and Midwifery Council
... ... It is done so relying on what is now being put forward in the authority of Adesina ... My Lady, Adesina is an authority that I've referred to in my skeleton argument and, indeed, ... Mrs Justice Nicola Davies ... 52 I see. Are those the same solicitors who then took up her case on the appeal? ... 53 MS MALLICK: ... MS DOSORUTH: My Lady, as my learned friend indicated, I do rely on Adesina and Baines as my principal authority. I clearly from the outset concede that there are, of course, cases ... ...
-
Domestic violence asylum after Matter of L.R.
...if lesser, symbolic statement. (208.) See Celia W. Dugger, Report Finds Gradual Fall in Female Genital Cutting in Africa, N.Y. Times, July 22, 2013, http://www.nytimes.com/2013/07/23/health/report-finds-gradual-fall AUTHOR. Yale Law School, J.D. expected 2014. I am deeply grateful to Jean K......
-
Reproductive justice, public policy, and abortion on the basis of fetal impairment: lessons from international human rights law and the potential impact of the Convention on the Rights of Persons with Disabilities.
...international law and therefore binds all nations. (25) Eric Eckholm, Judge Blocks North Dakota's Abortion Restrictions, N.Y. Times, July 22, 2013, available at (26) See Roe v. Wade, 410 U.S. 113 (1973). Since Roe v. Wade, the Supreme Court case law concerning the right to an abortion has c......
-
Introducing Independence to the Foreign Intelligence Surveillance Court.
...2013 PCLOB Workshop, supra note 46, at 35 (statement of James Robertson). (96.) James G. Carr, Opinion, A Better Secret Court, N.Y. TIMES (July 22, 2013), https://www.nytimes.com/2013/07/23/opinion/a-better-secret-court.html (97.) Obama, supra note 48. (98.) See, e.g., David S. Kris, How th......
-
The Limits of the Freedom Act's Amicus Curiae
...19. James G. Carr, A Better Secret Court, N.Y. Times, July 22, 2013, 20. James G. Carr, Fixing what ails the FISA, The Hill (July 24, 2014, 11:00 AM), http://thehill.com/blogs/congress-blog/judicial/213137-fixing-what-ails-the-fisa. 21. See Steve Vladeck, The USA FREEDOM Act and a FISA "Spe......