NHS Trust Loses Appeal in Lucy Letby Associate Case

An NHS foundation trust has seen its appeal against a High Court ruling dismissed, confirming a breach of contract with a former colleague of Lucy Letby. The consultant, identified only as Dr MN, initiated legal action after the trust proposed an investigation into his knowledge during Letby's time at the Countess of Chester Hospital.

Last July, Mr Justice Sheldon ruled that the trust's approach to investigating Dr MN had violated his employment contract. Dr MN had previously worked on the same neonatal unit as Letby and had arranged supervised visits for her after moving to a different hospital.

The trust's chief medical officer had initially prepared a letter indicating Dr MN had no knowledge of Letby's circumstances at the time of the visits. However, a complaint alleging Dr MN shared confidential information with Letby led the trust to propose a new investigation in January 2024.

This proposed investigation structure was deemed by the High Court to be in breach of Dr MN's contract. The trust appealed this decision, arguing the judge was incorrect. In December, barristers for the trust presented their case at the Court of Appeal. However, three senior judges have now upheld the original ruling, concluding the trust's actions constituted a breach of employment terms.