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08 July 2010 / Stephen Levinson
Issue: 7425 / Categories: Features , Employment
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A fable for our times

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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

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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