Fountain Court Chambers

London & Singapore

Timothy Dutton CBE QC and Chloe Carpenter successfully defend the Nursing and Midwifery Council in judicial review claim

Lang J has today handed down judgment in Beety and others v Nursing and Midwifery Council [2017] EWHC 3232 (Admin).  The Claimants, three independent midwives and members of Independent Midwives UK Limited (‘IMUK’) and one member of the public, sought judicial review of the decision of the Registrar of the Nursing and Midwifery Council (‘NMC’) that the indemnity arrangement held with Lucina Ltd by independent midwives who are members of IMUK was not appropriate cover for midwives attending women in childbirth.  They argued that the Registrar’s decision was vitiated by errors of law, that it breached their rights under EU law and/or that it breached their rights under Article 1 Protocol 1 of the European Convention of Human Rights.  Lang J dismissed the claim, holding that the alleged errors of law had not been made, that the decision was in any event proportionate and that the Claimant midwives did not have any tradeable goodwill within the meaning of Article 1 of Protocol 1.  Timothy Dutton CBE QC and Chloe Carpenter acted for the NMC.  A link to the judgment can be found here