This case is really important as shows it is possible for the NMC to review their own decision making without the need to go through High Court appeal

The right to request a review is laid down in the Nursing and Midwifery Order 2001 Article 30, paragraph 7 which outlines:

“Where new evidence relevant to a striking-off order becomes available after the making of the order, the Fitness to Practise Committee may review it and article 33(4) to (8) shall apply as if it were an application for restoration made under that Article.”

The general principles regarding consideration of fresh evidence were considered in the case of the GMC v Adeogba [2016] EWCA Civ 162 at para 24. The Court of Appeal examined the fresh evidence principles in the context of regulatory proceedings with discussion of the well-established principles explained in Ladd v Marshall [1954] 1WLR 1489 Lord Denning:

“First, it must be shown that the evidence could not have been obtained with reasonable diligence for use at the trials

Secondly, the evidence must be such that, if given, it would probably have an important influence on the result of the case, though it need not be decisive

Thirdly, the evidence must be such as is presumably to be believed, or in other words, it must be apparently credible, though it need not be incontrovertible.”