Vida Simpeh, Regulatory, Public Law specialist, acts for Nurse P in significant NMC case, instructed by the Royal College of Nursing
After 34 days in court. The Committee dismissed all charges against client following an application at half time of no case to answer. Short case summary below.
The client, who is registered as Nurse, faced 35 allegations (including sub-allegations) of misconduct relating to her behaviour towards colleagues and some allegations relating to her practice. At the start of the hearing, no evidence was offered in relation to one of the charges after successfully opposing the NMC’s hearsay application in respect of that charge. The case proceeded with 34 allegations to be determined. The NMC called 15 witnesses, who were all cross examined by Vida. At the close of the NMC’s case, an application for no case to answer was made by Vida Simpeh, pursuant to rule 24 (7) and 24 (8) of the NMC’s Fitness to Practice Rules, on the basis that that the evidence presented by the NMC was insufficient to find the allegations proved and/or alternatively even if the allegations were proved they were not so serious that they could amount to misconduct and a subsequent finding of impairment. The Committee determined that in respect of 12 allegations, there was insufficient evidence to proceed and of the remaining 22 allegations, the Committee considered that the allegations either related to matters which were employment issues (applying the case of Idu) or were not sufficiently serious to amount to misconduct. The Committee therefore found no case to answer in relation to all 34 allegations and the entirety of the case against the client was dismissed.
Vida accepts instructions to defend healthcare defendants. For case inquiries please contact 4-5 Gray’s Inn Square +44 (0)207 404 5252 [email protected]
