Rose Gibb, the former chief executive of Maidstone and Tunbridge Wells trust, goes to the High Court today to try to get her controversial payoff.

Ms Gibb, who left the trust just days before the publication of a critical Healthcare Commission report into outbreaks of C difficile, is claiming damages for breach of contract of between £250,000 and £300,000.

The case is likely to examine whether the trust followed the proper procedures for agreeing a payoff, and whether the strategic health authority was aware of the agreement. An official from the Department of Health is also expected to give evidence.

Pay claim

Ms Gibb was offered only six months' pay in lieu of notice after the intervention of health secretary Alan Johnson. She is claiming she is entitled to both six months' pay in lieu of notice and a compensation payment for loss of office of£174,573.

The case is expected to start at the Royal Courts of Justice in London this afternoon.

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