Queen’s Bench Division
A surgeon's contract of employment had not been terminated by operation of the doctrine of frustration. There was a realistic possibility of him obtaining a "re-skilling" placement that would enable him to return to work, so it could not be said that his contractual obligations had become incapable of performance.
[2005] EWHC 2407(QB), [2006]IRLR 100 ICR 425 (HC)