Nursing And Midwifery Council v Smithson [2018] EWHC 3310 (Admin)

If this Transcript is to be reported or published, there is a requirement to ensure that no reporting restriction will be breached. This is particularly important in relation to any case involving a sexual offence, where the victim is guaranteed lifetime anonymity (Sexual Offences (Amendment) Act 1992), or where an order has been made in relation to a young person.This Transcript is Crown Copyright. It may not be reproduced in whole or in part other than in accordance with relevant licence or with the express consent of the Authority. All rights are reserved.[2018] EWHC 3310 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
ADMINISTRATIVE COURT
Venue Royal Courts of Justice Wednesday, 14 November 2018
Before
MR JUSTICE SWIFTB E T W E E N:
Between
NURSING AND MIDWIFERY COUNCILApplicantSMITHSONRespondent_________MR M BELLIS (instructed by the Nursing and Midwifery Council) appeared for Applicant. for THE RESPONDENT did not appear and was not represented._________J U D G M E N TDate 2018-11-14
[1]You ask for a further 4 months. I am not entirely satisfied with this situation. The suspension has now been in place for 2 years, a long time. The need to revisit the charges, and the adjournment of the October hearing was very unfortunate, given the hearing had already been adjourned once, in March because Ms Smithson was unwell.[2]I will make an order in the form that you request, but may I say I will expect this case now to be given some sort of priority when it comes to relisting. I appreciate that dates will need to be found that are suitable for Ms Smithson, given that she bears no responsibility for the October adjournment was not her responsibility.[3]Nevertheless, the hearing must be listed in good time for it to be completed and a decision given well in advance of 14 March next year. I would not expect a further application for an extension to be made unless there was a genuinely compelling reason. If you could pass that on to those who instruct you I would be very grateful. I will make an order in the form that you have handed up in draft. Thank you. __________ OPUS 2 DIGITAL TRANSCRIPTION 4. CERTIFICATE 5. Opus 2 International Ltd. Hereby certifies that the above is an accurate and complete record of the judgment or part thereof. 6. Transcribed by Opus 2 International Ltd. 7. (Incorporating Beverley F. Nunnery & Co.) 8. Official Court Reporters and Audio Transcribers 9. 5 New Street Square, London EC4A 3BF 10. Tel: 020 7831 5627 Fax: 020 7831 7737admin@opus2.digital 11. This transcript has been approved by the Judge.