Neverending Day
Whistle-blower Dr Chris Day’s acrimonious four year legal battle with Lewisham and Greenwich NHS Trust and Health Education England appeared to be over in October when he dropped his claim against them before cross-examining any witnesses, and agreed a settlement agreement declaring that all parties had miraculously acted in good faith all along. As the Eye reported (Eye ), ‘after suffering six days of cross-examination by two tax-funded QCs, Dr Day decided not to risk financial ruin and agreed to drop his claim. In return, Dr Day will not be pursued for eye-watering costs.’ However, Day has now applied to the Employment Tribunal to set aside the settlement agreement and to request a reconsideration of the judgement, after disagreements about whether he was threatened with costs were made public. Day’s lawyers argue that when agreeing to the settle Day was ‘operating under a mistake or pursuant to a misrepresentation’. The application hearing should determine who is telling the truth.
The discussions surrounding the settlement agreement were supposedly protected by ‘without prejudice privilege’, and Day remained compliant and silent leading some to wrongly conclude he’d received a pay-off. However on November 13, Dr Day was contacted by Telegraph journalist Tommy Greene with
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