CO/4377/2018

Neutral Citation Number: [2018] EWHC 3311 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
ADMINISTRATIVE COURT

Royal Courts of Justice
Wednesday, 14 November 2018

Before:

MR JUSTICE SWIFT

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B E T W E E N :

	NURSING AND MIDWIFERY COUNCIL	Applicant

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	ARMSTRONG	Respondent

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MR M BELLIS (instructed by the Nursing and Midwifery Council) appeared on behalf of the Applicant.

THE RESPONDENT did not appear and was not represented.

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J U D G M E N T
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MR JUSTICE SWIFT: 

1	The first step to be taken now will consideration of the Rule 33 application. If that is successful, that will be the end of the proceedings.  If that is not successful, then there will be a merits hearing. 
2	Again, you are asking for a further 4 months.  I cannot help but notice that even though this is a restriction of practise of order rather than a suspension it has been in place over an extended period now.  I appreciate there had have some unavoidable delays in terms of the criminal process but it is still 19 months or so since April last year when the criminal proceedings were discontinued
3	I also appreciate there have been some difficulties obtaining sufficient medical evidence to deal with the Rule 33 application. But I think minds do need to be focused on cases where restrictions or suspensions have been in place over extended periods of time.  It is unsatisfactory that professional disciplinary proceedings remain open over extended periods. I will make the order this time, but I would not expect a further application to be necessary, unless there were genuinely compelling reasons for that application.

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This transcript has been approved by the Judge.