Jeffrey Jupp successfully represented an NHS Trust in having an interim injunction obtained by a consultant psychiatrist set aside.
The Trust commenced disciplinary proceedings against the consultant alleging gross misconduct following allegations relating to the death of a patient. In June 2018 the consultant obtained an interim injunction preventing the Trust proceeding with its disciplinary process as she was held to have established an arguable case on the papers that the threshold for gross misconduct had not been met.
Following a trial before Mr Justice Jacob the injunction was set aside. In a judgment, useful for both doctors and NHS Trusts, the judge provides a useful summary of roles of the Case Manager and Case Investigator in MHPS investigations and also addresses the issue of how disputed facts and mitigation should be dealt with.
Jeffrey was instructed by Catherine Daw of Brachers in the case Ardron v Sussex Partnership NHS Trust.