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One of John's principal areas of practice is professional discipline, in particular disciplinary cases for the medical professions. He regularly deals with injunctions in the High Court to enforce contractual disciplinary procedures, GMC proceedings and, to a lesser extent, employment tribunal claims. Recent reported cases in this field are:
Court of Appeal
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Mezey v. SW London & St George's Mental Health NHS Trust (No.1) [2007] IRLR 237 - Injunction to restrain suspension from employment upheld.
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British Medical Association v. Chaudhary [2007] IRLR 800 - Race discrimination
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Kulkarni v. Milton Keynes NHS Foundation Trust [2009] IRLR 829 - Injunction: employing Trust to permit legal representation of doctor in disciplinary hearing; contractual term and Art.6 ECHR
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Mezey v. SW London & St George’s Mental Health NHS Trust (No.2) [2010] EWCA Civ 293 - injunction to restrain disciplinary proceedings
High Court
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Gryf-Lowczoski v. Hinchingbrooke Healthcare NHS Trust [2006] ICR 425; [2006] IRLR 100; [2006] Lloyd's Rep Med 199; [2006] 87 BMLR 46 - Frustration of contract of employment, disciplinary procedure, grant of injunction
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Kircher v. Hillingdon PCT [2006] Lloyds Rep Med 215 - Injunction to restrain purported dismissal by letter without exhausting disciplinary procedure
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Palmer v. East & North Hertfordshire NHS Trust [2006] Lloyd's Rep Med 472 - Injunction to restrain purported termination by frustration
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Mattu v. University Hospitals Coventry and Warwickshire NHS Trust [2006] EWHC 1774 (QB); LTL 21/7/2006 - Injunction to restrain reliance on unproved charges in disciplinary penalty hearing
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Chan v. Barts & the London NHS Trust [2007] EWHC 2914 (QB) - Contract of employment, doctor –gross misconduct, terms of contract and disciplinary procedure
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Lakshmi v. Mid Cheshire Hospitals NHS Trust [2008] IRLR 956 (QB) - Contract of employment, duty of mutual trust and confidence, doctor - breaches of procedure including internal appeal
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