Your browser is no longer supported

For the best possible experience using our website we recommend you upgrade to a newer version or another browser.

Your browser appears to have cookies disabled. For the best experience of this website, please enable cookies in your browser

We'll assume we have your consent to use cookies, for example so you won't need to log in each time you visit our site.
Learn more

Shock Rose Gibb court judgement

  • Comment

Rose Gibb has lost her claim against Maidstone and Tunbridge Wells trust for breach of contract.

Ms Gibb was suing the trust for breach of contract after it refused to pay her the full £250,000 pay-off she had originally been offered to leave the trust.

The judge at the High Court ordered her to pay costs. The trust’s costs alone are expected to be around £90,000.

The Department of Healthhad agreed to underwrite the trust’s legal bill if Ms Gibb had won the case.

The judge, Mr Justice Treacy, has also refused Ms Gibb permission to appeal.

Ms Gibb resigned just days before publication of a damning Healthcare Commission report into outbreaks of C difficile at the trust that contributed to the deaths of at least 90 people.

In his judgement, Mr Justice Treacy said the trust was acting outside its powers. It was being “irrationally generous” towards Ms Gibb in wanting to pay her much more than it legally would have had to.

He found that the non-executives at the trust were “personally reluctant to see Ms Gibb depart, notwithstanding the findings of the HCC report”. In his judgement, their personal views clouded their approach, which was one of wishing to be generous to Ms Gibb.

Click here for more on the judgement, plus reaction from across the NHS

  • Comment

Have your say

You must sign in to make a comment

Please remember that the submission of any material is governed by our Terms and Conditions and by submitting material you confirm your agreement to these Terms and Conditions. Links may be included in your comments but HTML is not permitted.