||All England Reporter
|| All ER (D) 48 (Apr)
|| EWHC 857 (QB)
||Queen's Bench Division, Liverpool District Registry
||Simon Gordon QC and Nicola Hunt (instructed by Morecrofts LLP) for the claimant.
||Giles Powell and Nicola Newbegin (instructed by Hill Dickinson LLP) for the Trust.
||3 April 2012
Injunction - Principle governing grant - Claimant doctor having bipolar disorder - Claimant being asked to accept period of exclusion from defendant NHS Trust to allow assessment of health and well being - Trust ordering hearing before health and well being panel - Claimant seeking injunction preventing referral to panel - Whether Trust breaching implied term of trust and confidence - Whether Trust breaching contractual provisions - Whether to grant injunction sought.
Injunction Principle governing grant. The Queen's Bench Division, in dismissing the claimant doctor's claim, held that the claimant had not made out grounds for the grant of an injunction restraining her employer NHS Trust from referring her case to an ill health panel, in circumstances where the claimant had been excluded from her employment following concerns about her mental health.
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