J, a Registered Nurse, had been convicted of offences of making false or misleading representations about medicinal products. Notice of proceedings had been sent to his registered address in the UK despite the fact that the NMC was aware that the Registrant was no longer living at that address and was travelling abroad. When the matter came before a panel of the Conduct and Competence Committee, the panel was provided with evidence of the posting of the notice, which had been sent by recorded delivery but returned undelivered. A copy had also been sent by first class post to the UK address. An email address for J by which he occasionally communicated, was known to the NMC, but notice of the hearing was not sent via that email address. The Committee decided to proceed with the case in the absence of J and made the decision to strike him off the Register.

On appeal, the High Court set aside the striking off order on the ground that there had been a failure to notify J of the disciplinary hearing by email.

On further appeal, the Court of Appeal allowed the NMC’s appeal. The Court of Appeal held that there had been no procedural irregularity that invalidated the decision to proceed in J’s absence. The panel had satisfied itself that all reasonable efforts had been made in accordance with the Rules to serve the Notice of the hearing on the Registrant. The only available address was the registered address, even though it was known to the panel that J was no longer there. The Court of Appeal recognised that the panel could have adjourned and required that an email be sent to J at his known contact email address. However, the failure to do so did not flout the Rules or amount to a procedural irregularity. Furthermore, J had had ample opportunity to notify the NMC of his new address but had failed to do so.