Nursing & Midwifery Council, R (on the application of) v Khan [2016] EWHC 702 (Admin)

Case No CO/1007/2016[2016] EWHC 702 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Venue Royal Courts of JusticeDate Thursday 3 March 2016
Strand
London WC2A 2LL
B e f o r e:
MR JUSTICE SWEENEY
Between
THE QUEEN ON THE APPLICATION OF NURSING & MIDWIFERY COUNCILClaimantv
Between
KHANDefendant
Computer-Aided Transcript of the Stenograph Notes ofWordWave International LimitedTrading as DTI Global165 Fleet Street London EC4A 2DYTel No: 020 7404 1400 Fax No: 020 7831 8838(Official Shorthand Writers to the Court)
Miss Aja Hall (instructed by Nursing & Midwifery Council) appeared for Claimant for The Respondent was not represented, did not attend
JUDGMENT
[1]MR JUSTICE SWEENEY: I am persuaded. Perseverance does sometimes pay. Four months.[2]The Nursing & Midwifery Council have to bear in mind that because I have gone further than I was originally intending, when the transcript of this hearing comes to be considered by my successor - if there is a further application - I would hope that they will take very firmly into account that if it was me it would be extremely unlikely that any further extension would be given.[3]MISS HALL: I take those points, and I will take them back. I have placed before you two draft orders: one with the date of 5 September which can now be disregarded, and a second one with a blank date. An extension of four months would take you through to 5 July 2016.

MR JUSTICE SWEENEY: No doubt you can send across an amended version - - - - -

[5]MISS HALL: Of course.[6]MR JUSTICE SWEENEY: - - - - - so that it does not have my scribble on it. I will sign it accordingly. I should make clear, given that the respondent although not attending has objected, unsurprisingly, to this third extension, I have taken into account the objection which she has made. But I have considered with great care the unfortunate history of the case as advised, I have taken into account the submissions made on behalf of the Nursing & Midwifery Council and have considered with particular care the criteria that are applicable in deciding such an application - in particular the principles identified in General Medical Council v Hiew [2007] EWCA Civ 369 - and, balancing out the various factors, have been persuaded to grant a further extension but not to the full extent originally sought but rather to one of four months.[7]I repeat that if there were to be a further application and it happened that I was the judge I would need a very great deal of persuading to grant such an application.[8]MISS HALL: I will email over the draft order as soon as I get back.