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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 >> Nursing & Midwifery Council, R (on the application of) v Khan [2016] EWHC 702 (Admin) (03 March 2016)
URL: http://www.bailii.org/ew/cases/EWHC/Admin/2016/702.html
Cite as: [2016] EWHC 702 (Admin)
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2A 2LL |
||
B e f o r e :
____________________
| THE QUEEN ON THE APPLICATION OF NURSING & MIDWIFERY COUNCIL | Claimant | |
| v | ||
| KHAN | Defendant |
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WordWave International Limited
Trading as DTI Global
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Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
The Respondent was not represented, did not attend
____________________
Crown Copyright ©
- MR JUSTICE SWEENEY: I am persuaded. Perseverance does sometimes pay. Four months.
- 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.
- 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 - - - - -
- MISS HALL: Of course.
- 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.
- 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.
- MISS HALL: I will email over the draft order as soon as I get back.