Mezey v South West London and St George's Mental Health NHS Trust

Mezey v South West London and St George's Mental Health NHS Trust

The court has power to grant an interlocutory injunction restraining a suspension from employment where it is arguably a breach of contract and not fully compensable in damages; the judge's exercise of discretion was proper and not vulnerable to challenge.

Parties
Claimant/respondent: Mezey; Defendant/appellant: South West London and St George’s Mental Health NHS Trust
Jurisdiction
England and Wales
Judgment Date
08 February 2007
Procedural Posture
Civil Appeal / Application for Permission to Appeal Interlocutory Injunction
Outcome
Application for permission to appeal refused
Legal Topics
Suspension of Employee, Interlocutory Injunctions, Contractual Powers of Employer, Preservation of Employment Status Quo
Employment Law Suspension of Employee Interlocutory Injunctions Contractual Powers of Employer Preservation of Employment Status Quo

Case Brief

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Parties

Mezey

Claimant/respondent

South West London and St George’s Mental Health NHS Trust

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal Interlocutory Injunction

Legal Issues

  1. 1 Whether the court has power to grant an interlocutory injunction restraining suspension from employment
  2. 2 Whether the judge's exercise of discretion in granting the injunction was proper

Ratio Decidendi

The court has power to grant an interlocutory injunction restraining a suspension from employment where it is arguably a breach of contract and not fully compensable in damages; the judge's exercise of discretion was proper and not vulnerable to challenge.

Court Disposition

Application for permission to appeal refused

Orders

  • Judge's order granting interlocutory injunction now takes effect pending trial
  • Claimant to abstain from direct clinical work but not otherwise restrained