QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|NURSING AND MIDWIFERY COUNCIL||Respondent|
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(Official Shorthand Writers to the Court)
Miss L Hartley (instructed by the Nursing and Midwifery Council) appeared on behalf of the Respondent
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"I am writing on behalf of Miss Holder who requests to delay her court hearing due to be held on 23 June 2016. She feels unfit to attend as she is still stressed and she also states some documentation produced as part of her hearing is not the same as that seen by her previously and time for further investigation needed which is causing extra stress."
"Sir David Eady has adjourned the hearing tomorrow in the light of Dr Chahal's letter dated 21 June 2016 regarding Ms Holder's stress condition (It is unlikely any further adjournment will be granted without an expert report indicating the nature of any treatment and giving progresses [sic] to the likely progress)."
"I wish to report that I am unfit to attend on 24 January 2017. I was assessed by the medical assessment via the ambulance team last time and then seen via the Derby urgent care centre. All information from the assessment would have been forwarded to my GP. The earliest I can contact my GP is Monday for a medical note ... "
There is a brief note, now at page 12 of the bundle, from Derbyshire Health United which does confirm that "the above patient attended an appointment at the Derby urgent care centre" on the evening of last Saturday, 21 January 2017. The note says nothing whatsoever as to the presenting symptoms or the diagnosis or opinion of any doctor. It merely evidences, which I perfectly accept, that on that evening the appellant did attend at that medical centre.
"In light of the adjournment application already submitted to the court and the application for disclosure for the substantive hearing I wish to state that all information at this stage is not yet fully disclosed.
As a result of this it has peaked my symptoms of anxiety and caused to be unwell for the hearing. I have requested these details well in advance of the hearing to facilitate the hearing but with this struggle of gaining details it peaked my anxiety and made me unwell ... As it currently stands any documents that have been disclosed I am unable to review for 24 January 2017. In light of being unfit to attend the hearing for 24 January 2017 I believe that it would be prejudiced to me for the hearing to go ahead because as a result that I have submitted towards the court I will not receive a fair trial ... "
"I write to confirm that as a result of high levels of stress/anxiety Miss Holder is unable to attend the hearing on 24 January 2017."
"Litigation is anxiogenic, and it is unsurprising that a party to litigation - especially if acting in person - is anxious about it. The court is well used to accommodating such anxieties through a hearing, to ensure that all parties are able to play a proper role in it."
"Such evidence should identify the medical attendant and give details of his familiarity with the party's medical condition (detailing all recent consultations), should identify with particularity what the patient's medical condition is and the features of that condition which (in the medical attendant's opinion) prevent participation in the trial process, should provide a reasoned prognosis and should give the court some confidence that what is being expressed is an independent opinion after a proper examination. It is being tendered as expert evidence. .... "
"Parties who think that they thereby compel the Court not to proceed with the hearing or that their non-attendance somehow strengthens the application for an adjournment are deeply mistaken."