Amir Ahmed Bhatti v County Durham and Darlington NHS Foundation Trust
The application for interim relief was refused because the Claimant failed to establish strong grounds that the Defendant's January 2026 Decision to maintain restriction/exclusion was irrational or in breach of contract. The decision was based on serious patient safety and probity concerns arising from ongoing investigations and external reviews. The Defendant acted within its discretion, and the balance of convenience favoured maintaining the restriction pending trial.
- Parties
- Claimant: Mr Amir Ahmed Bhatti; Defendant: County Durham and Darlington NHS Foundation Trust
- Jurisdiction
- England and Wales
- Judgment Date
- 11 May 2026
- Procedural Posture
- Employment/breach of Contract / Interlocutory Application for Interim Injunction
- Outcome
- Application refused; costs awarded to Defendant.
- Legal Topics
- Interim Injunctions, Suspension and Exclusion of Employees, Maintaining High Professional Standards (mhps), Implied Terms of Trust and Confidence, Clinical Governance, Patient Safety
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Amir Ahmed Bhatti
Claimant
County Durham and Darlington NHS Foundation Trust
Defendant
Procedural Posture
Employment/breach of Contract / Interlocutory Application for Interim Injunction
Legal Issues
- 1 Whether the Defendant's restriction/exclusion of the Claimant from clinical practice was unlawful and in breach of contract
- 2 Whether the Defendant's decisions were irrational or breached the implied term of trust and confidence
- 3 Whether the Defendant failed to follow MHPS procedures and consider alternatives to exclusion
Ratio Decidendi
The application for interim relief was refused because the Claimant failed to establish strong grounds that the Defendant's January 2026 Decision to maintain restriction/exclusion was irrational or in breach of contract. The decision was based on serious patient safety and probity concerns arising from ongoing investigations and external reviews. The Defendant acted within its discretion, and the balance of convenience favoured maintaining the restriction pending trial.
Court Disposition
Application refused; costs awarded to Defendant.
Orders
- Claimant's application for interim injunction refused.
- Claimant to pay Defendant's costs, summarily assessed at £47,000.
Full Case Text
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