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Hendersons - Barristers' Chambers
Articles Professional Discipline & Regulatory 3rd Jan 2014

Professional Discipline

PROCEDURE

Service

1. Jatta v. Nursing and Midwifery Council [2009] EWCA Civ 824

In this case a fitness to practise panel of the NMC proceeded to hear and determine disciplinary proceedings in the absence of the registrant. Notice of the proceedings had been duly and properly served by sending them to the registrant’s registered address in Didcot in accordance with the Nursing & Midwifery Council (Fitness to Practise) Rules 2004, although the Council was aware the registrant was no longer living at the address and was travelling in Thailand. Posting of the notice of hearing was duly proved: it was sent by recorded delivery but was returned undelivered. A copy was also sent by first class post to the address in Didcot but the registrant was unaware of, and did not attend, the hearing before the disciplinary tribunal. 

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