Edwards v Chesterfield Royal Hospital NHS Foundation Trust

LORD JUSTICE WARD LORD JUSTICE LLOYD and LORD JUSTICE MOORE-BICK ____________________

(Transcript of the Handed Down Judgment of WordWave International Limited A Merrill Communications Company 165 Fleet Street, London EC4A 2DY Tel No: 020 7404 1400, Fax No: 020 7404 1424 Official Shorthand Writers to the Court)

Ms Mary O'Rourke Q.C. and Mr. Oliver Williamson (instructed by Ryan Solicitors) for the appellant Mr. Mark Sutton and Mr. Marcus Pilgerstorfer (instructed by Beachcroft LLP) for the respondent Hearing dates : 21st and 22nd April 2010 ____________________

(i) that in matters of personal conduct he would be subject to the hospital's general procedures and that in matters of professional conduct he would be subject to a procedure agreed by the Local Negotiating Committee in respect of medical practitioners;

(iii) that because of the nature of the allegations made against him he was contractually entitled to a formal disciplinary hearing by a panel which included a clinician of the same discipline as himself and a legally qualified chairman, before which he would have the benefit of legal representation, if he so wished;