Smo v Hywel Dda University Health Board [2019] EWHC 1973 (QB) (25 July 2019)

Smo v Hywel Dda University Health Board [2019] EWHC 1973 (QB) (25 July 2019)

There is a serious issue to be tried as to whether the Defendant breached contract by commencing and continuing a working relationships investigation during ongoing UPSW disciplinary proceedings, given substantial overlap in factual matters and risk of prejudging the UPSW process. Damages are not an adequate remedy due to the importance of procedural safeguards and professional reputation. The balance of convenience favours granting an interim injunction restraining the Defendant from interviewing the Claimant in the working relationships investigation pending trial.

Citation
[2019] EWHC 1973
Parties
Claimant: Mr Emad Aldin Smo; Defendant: Hywel Dda University Health Board
Jurisdiction
England and Wales
Judgment Date
25 July 2019
Procedural Posture
Interim Injunction Application / Pre Trial, Pending Trial of Substantive Issues
Outcome
Interim injunction granted pending trial
Legal Topics
Interim Injunctions, Disciplinary Procedures, Contractual Incorporation of UPSW, Working Relationships Investigations, Medical Employment
Employment Law Professional Conduct Interim Injunctions Disciplinary Procedures Contractual Incorporation of UPSW Working Relationships Investigations Medical Employment

Case Brief

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Parties

Mr Emad Aldin Smo

Claimant

Hywel Dda University Health Board

Defendant

Procedural Posture

Interim Injunction Application / Pre Trial, Pending Trial of Substantive Issues

Legal Issues

  1. 1 Whether the Defendant breached the Claimant's contract by commencing and continuing a working relationships investigation during ongoing UPSW disciplinary proceedings
  2. 2 Whether UPSW procedures were contractually incorporated and applicable to the investigation
  3. 3 Whether damages are an adequate remedy for the Claimant

Ratio Decidendi

There is a serious issue to be tried as to whether the Defendant breached contract by commencing and continuing a working relationships investigation during ongoing UPSW disciplinary proceedings, given substantial overlap in factual matters and risk of prejudging the UPSW process. Damages are not an adequate remedy due to the importance of procedural safeguards and professional reputation. The balance of convenience favours granting an interim injunction restraining the Defendant from interviewing the Claimant in the working relationships investigation pending trial.

Court Disposition

Interim injunction granted pending trial

Orders

  • Defendant and Dr. Diggle restrained from interviewing the Claimant in respect of the working relationships investigation until trial or further order
  • Directions to enable a speedy trial