AC-LON-2023-002572 - [2025] EWHC 2324 (Admin)

Nurses and midwives, for relevant purposes, have an unqualified right of appeal (Article 38 of the Order). In such appeals, the jurisdiction of this court is appellate not supervisory (Sastry and Okparagraph v General Medical Council [2021] EWCA Civ 623 at para 102). The appeal test is set out at Part 52 of the Civil Procedure Rules 1998:

“Hearing of appeals

52.21

(1)

Every appeal will be limited to a review of the decision of the lower court unless—

(a)

a practice direction makes different provision for a particular category of appeal; or

(b)

the court considers that in the circumstances of an individual appeal it would be in the interests of justice to hold a re-hearing.

(2)

Unless it orders otherwise, the appeal court will not receive—

(a)

oral evidence; or

(b)

evidence which was not before the lower court.

(3)

The appeal court will allow an appeal where the decision of the lower court was—

(a)

wrong; or

(b)

unjust because of a serious procedural or other irregularity in the proceedings in the lower court.” (emphasis provided)