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Medical practitioner – Appeal against determination of disciplinary committee. A nurse had been made subject to a caution order by the Nursing and Midwifery Council (the NMC). Three days after the expiry of her right to appeal, her solicitors filed an appellant's notice and application for extension of time. The judge ordered an extension of time and the NMC appealed. The Court of Appeal, Civil Division, allowed the appeal. There had been no statutory discretion for the judge to extend the time for appealing and the circumstances had not been exceptional such as to have conferred a discretion. Further, the evidence had not provided a proper basis for the judge's findings that had led to her making the order that she had.
Medical practitioner – Appeal against determination of disciplinary committee. A nurse had been made subject to a caution order by the Nursing and Midwifery Council (the NMC). Three days after the expiry of her right to appeal, her solicitors filed an appellant's notice and application for extension of time. The judge ordered an extension of time and the NMC appealed. The Court of Appeal, Civil Division, allowed the appeal. There had been no statutory discretion for the judge to extend the time for appealing and the circumstances had not been exceptional such as to have conferred a discretion. Further, the evidence had not provided a proper basis for the judge's findings that had led to her making the order that she had.
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