Nursing & Midwifery Council, R (on the application of) v Rees

MR JUSTICE KERR: It seems to me that what I should do today, subject to anything you want to say, is to grant a short extension because I am satisfied that it would not be in the public interest for her to be free to resume practising. I am prepared to grant a short extension of, say, six or seven weeks which takes us to mid-September but only for the purpose of getting the applicant's tackle in order and to make sure that the respondent is properly aware, and on notice, that there is a real opportunity - not just a technical opportunity - to participate. I would like you, Mr Amesbury, to read and re-read, take on board and digest the words of Mr Justice Green in Kidd (which I have just shown you). They do not appear to have sunk in.

MR AMESBURY: It is rare now that, without giving evidence to you, that less than seven days' notice is given in one of these applications. There is pressure at the moment with the impending closure of the court for the summer vacation which has led unfortunately to circumstances which are - - -

MR JUSTICE KERR: This is this self-induced urgency point.

MR AMESBURY: Yes, which is dealt with in Kidd. There is nothing I would need to add. The very short period that you suggested would be the minimum period that I would have suggested would have been possible for the applicant to put together an application and deal with it properly. I am grateful for that indication. I do not think there is anything else. I have a note of your concern which will be passed on. I can undertake that the applicant will be written to, will be emailed and an attempt will be made to contact her by telephone today both to remind her of the appointment on 31 July and also to deal properly and put her on genuine notice of this application.

MR JUSTICE KERR: It you want to make a note - because you have to get this order drawn.

MR AMESBURY: I have drawn up a draft order with a date which can obviously be changed.

MR JUSTICE KERR: Mr Amesbury, I am just going to add a short recital. (Pause) Are you going to get this order drawn?

MR AMESBURY: I have drawn up a draft order with a date that can be changed. (Passed)

MR JUSTICE KERR: Have a seat. I will add a short recital. (Pause) Can we find a date on a Friday in the middle of September that would be about right?

MR AMESBURY: 11?

MR JUSTICE KERR: That is a Friday, is it, in September? I think we will say the following Friday because I do not want there to be an awful rush. A week is not a hugely long time in the context of this. The following one would be 18?

MR AMESBURY: Yes.

MR JUSTICE KERR: Instead of 4pm on 1 February 2016, I will put 4 pm on 18 September 2015. (Pause) Thank you for your patience. I pass this back. Can you check that you can read my writing - - - - -

MR AMESBURY: Yes.

MR JUSTICE KERR: - - - and that you are content with that. I have just added a recital which puts in writing as a recital in the order, and therefore something that must come to the attention of the respondent and your client, words to the effect that I have been discussing with you about the need to secure her full understanding and awareness of her rights and that she can come to court and address the court in writing or orally, with or without legal representation, and oppose the application of she wishes.

MR AMESBURY: That is absolutely clear. There is no problem with that - legibility or otherwise.

MR JUSTICE KERR: Mr Amesbury, you are going to need a copy of this to get it sealed. I do not want there to be delay. It is Tuesday now and there is an appointment on Friday. The letter needs to be written.

MR AMESBURY: Can I suggest that I am responsible for copying that this morning and returning it to court. The difficulty I am in is that the court has listed another of these applications at 10.30.

MR JUSTICE KERR: In this building?

MR AMESBURY: In this building.

MR JUSTICE KERR: What court is that?

MR AMESBURY: Court 10.

MR JUSTICE KERR: It may be we can get a photocopy; it is only a single sheet. One of the court staff, hopefully, will be kind enough to bring it to court 10.

MR AMESBURY: I would be grateful.

MR JUSTICE KERR: I think it is important that you have it now.

MR AMESBURY: I was going to suggest that I take a copy and hand it back into this court.

MR JUSTICE KERR: That is fine if you have time. You have five minutes.

MR AMESBURY: I am not sure that I would be able to do it in that time. Could I hand it back in after?

MR JUSTICE KERR: I do not want it to get lost in the system. We will get it to court 10 as a photocopy, and the original will be drawn and sealed.