Case Notes
[2013] CN 120
West London Mental Health NHS Trust
v
Chhabra
[2013] EWCA Civ 11
CA
25 Jan 2013
Pill, Jackson, Treacy LJJ
Jane McNeill QC and Louise Chudleigh (instructed by Capsticks Solicitors LLP) for the appellant; Mark Sutton QC and Betsan Criddle (instructed by Radcliffes Le Brasseur) for the respondent
EMPLOYMENT— Medical profession— Disciplinary proceedings— Whether lawfully instituted against doctor
The trust appealed against a decision of Judge McMullen QC sitting as a judge of the High Court whereby he acceded to the submission of the respondent that she was entitled to a declaration and injunction the effect of which was to prevent a disciplinary panel appointed by the trust from investigating allegations of gross professional misconduct made against the respondent.
The Court of Appeal found that the disciplinary proceedings had been properly instituted so that the judge was wrong to grant the injunction. The appeal was allowed.