Maidstone and Tunbridge Wells trust has revealed it spent nearly £23,000 on legal advice over the severance payment to its former chief executive Rose Gibb.

HSJ asked for details under the Freedom of Information Act of spending on legal advice relating to severance payment by the trust, the strategic health authority and the Department of Health.

It was announced in January that Ms Gibb would get£75,000 - effectively six months' pay in lieu of notice - rather than the£150,000 originally agreed.

Health secretary Alan Johnson had intervened to stop the larger pay-off, claiming it was "possibly illegal".

Maidstone and Tunbridge Wells has revealed it paid legal costs of£22,902.52 up to 9 February.

NHS South East Coast said it had paid£3,296 plus VAT (£3,876.80) in legal costs.

The DH confirmed that health secretary Alan Johnson had sought legal advice but would not release details of its cost, claiming that to do so would be prejudicial to the effective conduct of public affairs.

"If they [ministers] disclosed the cost of advice, it might effectively indicate the extent to which advice had been sought," the DH said.

HSJ has appealed against the decision not to release the extent of the legal bills.

It is not yet known whether Ms Gibb - who left the trust days before a Healthcare Commission report revealed a C difficile outbreak had contributed to 90 deaths - will take legal action to get the full payment.

The union Managers in Partnership has said it believes Ms Gibb is entitled to her full payment and it will support her in seeking it.

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