K. v an Bord Altranais

JurisdictionIreland
CourtHigh Court
Judgment Date01 January 1990
Date01 January 1990
(H.C., S.C.)
C. K
and
An Bord Altranais

Professional misconduct - Power of An Bord Altranais to erase name of nurse from register of nurses for professional misconduct - Application to High Court to cancel decision to erase name - Whether role of High Court merely supervisory- Whether effective decision on erasure to be made by High Court - Whether right to rehearing in the High Court - Nurses Act, 1985 (No. 18), ss. 38, 39. Practice - Special summons - Circumstances in which High Court should hear oral evidence on special summons - Rules of the Superior Courts, 1986 (S.I. No.15), O. 95, r. 5.

Section 38 of the Nurses Act, 1985, lays down the procedure for the investigation of allegations against nurses of professional misconduct. The section provides for an inquiry to be conducted by the Fitness to Practise Committee and for the making by that committee of a report to An Bord Altranais ("the Board") embodying its findings. Section 39...

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8 cases
  • Borges v Fitness to Practice Committee
    • Ireland
    • Supreme Court
    • 29 January 2004
    ... ... 2 IR 99 CRIMINAL PROCEDURE ACT 1967 S4(F) CRIMINAL JUSTICE ACT 1990 S9 M (A DOCTOR), RE 1984 IR 479 K (C) V AN BORD ALTRANAIS 1990 IR 396 KIELY V MIN SOCIAL WELFARE (NO 2) 1977 IR 276 HAUGHEY, RE 1971 IR 217 FLANAGAN V UCD 1988 IR 724 ... ...
  • A (A) v Medical Council & Ag
    • Ireland
    • High Court
    • 28 April 2003
    ... ... Bord na gCon [1965] I.R. 217 at p. 239 where it was stated by Walsh J. in delivering the judgment of the Court:- "One practical effect ... This occurs following a full hearing ( K. v. An Bord Altranais [1990] 2 I.R.396 ; In Re M., a Doctor [1984] I.R. 479 and M. v. Medical Council [1984] I.R. 485 ) ... 104 It is submitted ... ...
  • Fingleton v Central Bank of Ireland
    • Ireland
    • High Court
    • 4 January 2016
    ...Act require sanctions to be confirmed by a court, there are other provisions which do not. The applicant cited CK v. An Bord Altranais [1990] 2 I.R. 396 as support for the proposition that the powers of sanction are not vested ‘unequivocally in the court’. In any event, the volume and compl......
  • Brennan v an Bord Altranais
    • Ireland
    • High Court
    • 20 May 2010
    ...decision in order to enable an applicant to consider whether judicial review proceedings may be appropriate. C.K. v. An Bord Altranais [1990] 2 I.R. 396 and Prendiville v. Medical Council [2008] 3 I.R. 122 considered. Report: P.C. 1 JUDGMENT of Ms. Justice Dunne delivered the 20th day of Ma......
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