“…to examine in some detail – Skidmore v Dartford & Gravesham NHS Trust [2003] UKHL 27, [2003] ICR 721, (affirming the decision of this Court [2002] EWCA Civ 18, [2002] ICR 403); and Mattu v University Hospitals Coventry & Warwickshire NHS Trust [2012] EWCA Civ 641, [2013] ICR 270. I should also mention that the issue had already come…”
“… the surgeon on the basis that the allegation was one involving personal conduct. The House of Lords, affirming the decision of this Court ([2002] EWCA Civ 18, [2002] ICR 403), held (a) that the correct characterisation of the conduct charged was a matter for the Court and not for the trust (see the speech of Lord Steyn, with whom t…”
“… proceedings should be interpreted as involving an issue of professional conduct. As Keene LJ put it in the case of Skidmore v Dartford and Gravesham NHS Trust [2002] ICR 403, para 21, in language subsequently approved by Lord Steyn in the House of Lords ([2003] ICR 721) a relevant factor will be whether the allegations raise issues…”