Nursing and Midwifery Council v Keseke [2012] EWHC 2984 (Admin)

Case No CO/10296/2012[2012] EWHC 2984 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Venue Royal Courts of JusticeDate Wednesday, 10 October 2012
Strand
London WC2A 2LL
B e f o r e:
MR JUSTICE WYN WILLIAMS

NURSING AND MIDWIFERY COUNCILApplicantvKESEKERespondent
Computer-Aided Transcript of the Stenograph Notes ofWordWave International LimitedA Merrill Communications Company165 Fleet Street London EC4A 2DYTel No: 020 7404 1400 Fax No: 020 7404 1424(Official Shorthand Writers to the Court)
Mr B Dooley (instructed by Nursing and Midwifery Council) appeared for Applicant for The Respondent did not attend and was not represented
Judgment
[1]MR JUSTICE WYN WILLIAMS: In this case an interim order was first made on 13 October 2010. That was an interim suspension order. Over time, the order has been varied so as to become an interim conditions of practice order. The most recent review, which took place no more than a few week ago, "imposed" upon the applicant an interim conditions of practice order and it is, in effect, that order which is now sought to be extend by order of this court.[2]The disciplinary process involving the respondent is moving toward fruition. There are two further hearings scheduled for 5 and 19 November. On that basis I am satisfied that it is appropriate to extend the order for the period sought, namely for a period of 3 months. Accordingly, the order is extended to 4.00 pm on 11 January 2013.[3]MR DOOLEY: I am grateful, my Lord. My Lord, I am hesitant to interject but I believe your Lordship may have said that this was originally an interim suspension order. I believe it was conditions in the first instance. Nothing would turn on it.

MR JUSTICE WYN WILLIAMS: I am only going from your introduction in the skeleton argument.

[5]MR DOOLEY: My Lord, that is entirely my fault. I do apologise. That is my mistake entirely, my Lord.[6]MR JUSTICE WYN WILLIAMS: For the avoidance of doubt, the initial order imposed upon the respondent was an interim conditions of practice order, although, as I understand it, in the period since October 2010 the respondent has been subject to an interim suspension order.[7]MR DOOLEY: I am very grateful, my Lord. I do apologise for the error.[8]MR JUSTICE WYN WILLIAMS: That is all right. Thank you very much.