header-logo header-logo

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

A fable for our times

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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
back-to-top-scroll