header-logo header-logo

A fable for our times

08 July 2010 / Stephen Levinson
Issue: 7425 / Categories: Features , Employment
printer mail-detail
employment_0_4

Stephen Levinson analyses a case of judicial independence

If infuriating both government and the media at the same time is the best test of an independent judiciary, the decision of the Court of Appeal in Rose Gibb v Maidstone & Tunbridge Wells NHS Trust [2010] EWCA Civ 678, [2010] All ER (D) 229 (Jun) demonstrates that three members of the Court of Appeal pass with flying colours.

Background

The NHS trust entered into a compromise agreement ending the employment of its chief executive and was prevented from honouring its contractual commitments by orders from ministers. To avoid the contract the Trust relied on its own wrongdoing by arguing that it had been irrationally generous in the terms it had offered and therefore had acted beyond its powers (or ultra vires, as we are no longer supposed to say).
There had been outbreaks of clostridium difficile from 2004 to 2006 in hospitals managed by the Trust: many patients were infected and 90 deaths resulted. There was an understandable public outcry. The Healthcare Commission

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll