Recent case law only highlights the subjective nature of what constitutes breach of contract
Recent case law has confirmed the level of difficulty encountered when attempting to persuade the courts to intervene at an early stage in trust disciplinary proceedings.
That the courts may intervene where it is deemed appropriate was clearly stated in Edwards v Chesterfield Royal Hospital NHS Foundation Trust  UKSC 58, in which Lord Dyson said that where an employer starts a disciplinary process in breach of an express term of the employment contract ‘it is open to the employee to seek an injunction to stop the process and/or to seek an appropriate declaration’.
The courts thus retain their supervisory jurisdiction. Where the action complained of is the referral to a disciplinary panel, Lord Justice Pill stated as follows in Skidmore v Dartford & Gravesham NHS Trust  ICR 721: ‘I accept that there is a threshold to be crossed, in terms of seriousness, before a decision to refer to a panel can be properly taken.’ …
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Briefings from Outer Temple Chambers
On 1 April 2014, a new and improved criminal cartel offence will be introduced in the UK by virtue of section 47 of the Enterprise and Regulatory Reform Act 2013.
Alison McCormick of Outer Temple Chambers was a guest speaker on a Lexis Nexis webinar about asbestos.