Court decides on venue for nursing appeal

14 Feb 2025Court Report

The High Court ruled on the appropriate venue for a nursing appeal involving the Nursing and Midwifery Council

Introduction

The High Court of Justice, Administrative Court, recently delivered a decision regarding the appropriate venue for the appeal case of Matilda Jane Farnell against the Nursing and Midwifery Council (NMC). The judgment, rendered by Mrs Justice Hill, addressed procedural considerations concerning the geographical location for the administration and determination of the case.

The procedural history

The appellant, Matilda Jane Farnell, filed an appeal against the decisions made by the NMC's Fitness to Practice Committee. These decisions were initially challenged through an Appellant's Notice dated 12 December 2024. The appeal was lodged in the Administrative Court in London, despite the appellant residing in Wakefield, which falls under the jurisdiction of the Administrative Court in Leeds.

On 16 December 2024, a 'minded to transfer order' (MTTO) was issued by Martin Lee, an Administrative Court Lawyer. This order suggested transferring the case to Leeds, citing the appellant's residence and the need for efficient use of court resources. The MTTO invited submissions from both parties regarding the proposed transfer.

The legal framework

The decision was guided by the Civil Procedure Rules, specifically CPR PD 54C, which outlines the principles for determining the appropriate venue for cases in the Administrative Court. The rules emphasise that cases should be administered in the region most closely connected to the subject matter, the appellant, or the respondent.

According to the guidelines, claims related to the North-Eastern Circuit should be filed in Leeds, while those related to the Northern Circuit should be filed in Manchester. The framework also considers factors such as the ease and cost of travel, the availability of alternative means for attending hearings, and the workload of the court.

Submissions and decision

Both the appellant and the respondent, the NMC, opposed the transfer to Leeds. The NMC, a statutory regulator operating from offices in London and Edinburgh, argued that transferring the case would incur additional costs. These costs would be covered by fees paid by registrants, thus straining their resources.

The appellant's counsel, based in London, also supported keeping the case in London, citing continuity of representation and the cost implications of changing venues. The court considered these submissions alongside the procedural guidelines.

Conclusion

Mrs Justice Hill concluded that the appeal should remain in London. The decision was influenced by factors such as the appellant's representation by London-based counsel, the respondent's use of in-house London counsel, and the potential cost implications of transferring the case. While the appeal had connections to both the North-Eastern and London regions, the balance of factors justified maintaining the venue in London.