Nicholas Hall successfully represents client in High Court Appeal Proceedings

August 23, 2024

After defending his client against multiple allegations of rape before the Nursing and Midwifery Council (NMC), Nicholas Hall has successfully represented his client in High Court Appeal Proceedings.

Initially, the NMC Panel found no evidence to support any of the allegations, leading to the termination of the proceedings. However, the Professional Standards Authority (PSA) filed an appeal under the National Health Service Reform and Health Care Professionals Act 2002. The appeal was based on three grounds, alleging that the Committee’s evaluation of the evidence provided by Person A and the Registrant was flawed.

On behalf of the Royal College of Nursing ( RCN), Nicholas submitted a skeleton argument contending that the Appellant’s scrutiny of the Committee’s decision sought to find fault without substantial evidence of error. Nicholas argued that the Appellant failed to demonstrate how the Committee’s reasoning did not clearly explain the outcomes, citing Byrne v GM [2021] EWHC 2237 (Admin), para 55, where it was stated that judgments must provide enough detail and analysis for the parties to understand the decision and for an appellate court to assess its sustainability. Nicholas emphasised that, when read as a whole, the Committee’s decision clearly outlined why the charge was not upheld.

Furthermore, it was argued that the Panel, as a Committee, was within its rights to consider all relevant evidence, including aspects related to potential “rape myths.”

Days before the High Court hearing, after reviewing both the RCN’s and the NMC’s skeleton arguments, the PSA withdrew its appeal.

This concludes a five-year-long process of regulatory proceedings for the client.

A large part of Nicholas’s practice is dedicated to regulatory work in healthcare regulation and in criminal regulatory cases. He has represented medical professionals on behalf of the RCN accused of sexual misconduct towards patients, colleagues and members of the public and was instructed by the RCN in this case. Read more: [Nicholas Hall Profile]

See previous news story here: [Nicholas Hall secures acquittal in nursing and midwifery council case ]