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England and Wales Care Standards Tribunal |
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You are here: BAILII >> Databases >> England and Wales Care Standards Tribunal >> Companion Care (Witney) Ltd v Commission for Social Care Inspection [2003] EWCST 0263(EA) (05 May 2004) URL: http://www.bailii.org/ew/cases/EWCST/2004/0263(EA).html Cite as: [2003] EWCST 263(EA), [2003] EWCST 0263(EA) |
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Appeal against a decision of the Commission for Social Care Inspection dated and served on the 13th January 2004 whereby the registration of the Appellant under Part 11 of the Care Standards Act 2000 as registered provider of a Domiciliary Care Agency was refused on the ground that pursuant to Regulation 7(4)(b) of the Domiciliary Care Agencies Regulations the Appellant should not carry on the agency if it had made a composition or arrangement with its creditors and the Appellant was the subject of a Creditors Voluntary Arrangement
Representation
The Commission was represented by Stephen Janisch, a solicitor
The Appellant was represented by Ms Rhoda Hedges
The Application
The matter was listed on 4th May 2004 both parties having requested a Preliminary Hearing. On the 30th April 2004 the Commission gave notice of the intention to ask the Tribunal to strike out the Appeal on the grounds that it was misconceived and had no prospect of success. I have had the benefit of considering the application and response. For the purposes of this hearing there is no dispute as to fact. I have also heard both parties.
Decision
The Appeal is struck out
Background
Submissions
Conclusions
Judge David Swift
Acting President
5th May 2004