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England and Wales High Court (Administrative Court) Decisions

You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> The Nursing and Midwifery Council v Sargeant [2010] EWHC 434 (Admin) (18 February 2010)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2010/434.html
Cite as: [2010] EWHC 434 (Admin)
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Neutral Citation Number: [2010] EWHC 434 (Admin)
CO/1174/2010

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT

Royal Courts of Justice
Strand
London WC2A 2LL
18 February 2010

B e f o r e :

MR JUSTICE COLLINS
____________________

Between:
THE NURSING AND MIDWIFERY COUNCIL Claimant
v
SARGEANT Defendant

____________________

Computer-Aided Transcript of the Stenograph Notes of
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____________________

MISS J DIRMIKIS (instructed by THE NURSING AND MIDWIFERY COUNCIL) appeared on behalf of the Claimant
The Defendant was unrepresented
____________________

HTML VERSION OF JUDGMENT
____________________

Crown Copyright ©

  1. MR JUSTICE COLLINS: Miss Dirmikis, I confess that I get a little concerned about these cases, because it is not the only one. The council has been depressingly slow in getting their act together because it does not seem, judging by the charge, that it should have taken very long to sort out the evidence, and I am reluctant to give you another 12 months. The times suggested for setting up a hearing are far too long.

  2. What I will do is to give you 6 months, and that is intended to try to ensure that you get on with things. Obviously, if for very good reason it can not be done within that period then you can always come back. But it would have to be a very good reason because, after all, this all happened in 2007 did it not?

  3. MISS DIRMIKIS: My Lord, yes.

  4. MR JUSTICE COLLINS: It is intolerable that it takes 3 years for a hearing, on what is a relatively straightforward and simple case on the face of it. She can not have been practising in the meantime because she has been suspended.

  5. MISS DIRMIKIS: That would be the logical consequence.

  6. MR JUSTICE COLLINS: After all, you deprive someone of their livelihood in suspension and then you simply do not get on with it. That is intolerable. I hope the message will get across loud and clear to these people that they have got to deal with these things much more speedily, otherwise they will find the court refusing to extend these orders. I appreciate the difficulty because one is concerned with the public protection, but there comes a time when enough is enough.

  7. Right. Well, I give you 6 months then.

  8. MISS DIRMIKIS: Thank you.

  9. MR JUSTICE COLLINS: Which will take you until when? Will that be from today or from -- when does the existing one run out?

  10. MISS DIRMIKIS: My Lord, the existing order is due to expire on 19 February 2010.

  11. MR JUSTICE COLLINS: Well, in that case you can have 6 months until 19 August.

  12. MISS DIRMIKIS: I have a draft order prepared.

  13. MR JUSTICE COLLINS: Yes, can I have a look at it. So it will be 19 August will it not?

  14. MISS DIRMIKIS: My Lord, yes.

  15. MR JUSTICE COLLINS: Yes, I have signed that.

  16. MISS DIRMIKIS: I am very grateful, my Lord.

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