Chuba Nwokedi successfully represented his direct access client in her appeal at the High Court

Chuba Nwokedi successfully represented CN in her appeal to the High Court against findings of misconduct made by the Nursing and Midwifery Council (“NMC”) and the resulting 12-month suspension from practice.

CN had previously been found to have used offensive and discriminatory language towards a colleague. The NMC Fitness to Practise Committee’s findings rested principally on the evidence of a single complainant, whose account contained significant inconsistencies as to what had been said, when and where it had been said, and whether remarks were made directly to her or about her.

On appeal, Chuba argued that the Committee had failed properly to evaluate those inconsistencies and material contemporaneous evidence, including an email from CN which supported aspects of her account. He also relied upon the Committee’s own concern, expressed during the hearing, that it did not have sufficiently good information to reach safe conclusions.

Hugo Keith KC, sitting as a Deputy High Court Judge, accepted those submissions. He held that the Committee had failed to demonstrate a sufficiently careful and thorough assessment of the reliability and credibility of the evidence and that its reasoning was legally unsustainable.

The appeal was allowed, the findings of fact, misconduct and impairment were quashed, and the 12-month suspension was set aside. The Court also declined to remit the matter for a rehearing, bringing the proceedings to a conclusion, and awarding substantial costs to our client.

The judgment underlines the importance, in regulatory appeals, of ensuring that findings based principally on disputed witness evidence are reached through a properly reasoned and transparent assessment of all material evidence.

To read the full Judgment please click here