by Mary Graham

Rose Gibb - the hospital boss in charge during deadly superbug outbreaks - is back before the courts today fighting for her £250,000 pay-off.

Her Court of Appeal hearing is scheduled to last two days.

At the end of 2009 Miss Gibb, who stepped down as chief executive of hospitals in Maidstone, Tunbridge Wells and Pembury in October 2007, was told she had won the right to a full appeal in her claim for severance pay.

That was despite the judge in her original High Court case ruling she had lost her battle and could not appeal.

Miss Gibb’s exit from the trust came just days before a damning report criticised hygiene practices at hospitals, linked the C-diff bug to 90 deaths between 2004 and 2006.

A severance package worth £250,000 had already been set, but health secretary Alan Johnson intervened and her pay-off was reduced to £75,000.

Jon Restell, chief executive of Managers in Partnership, the union handling her case, said: "The case is likely to be very legalistic and will involve the judge looking at the legal directions and the emphasis the judge placed on certain aspects of the original case.

"It will be more about the points of law, rather than hearing any evidence, but I believe Rose will go to hear what is said and done."

The union believes that the case should not have come to court because Miss Gibb wanted to remain in her post and was prepared to face a disciplinary hearing at the trust.

Both Miss Gibb’s lawyers and lawyers for the Maidstone and Tunbridge Wells NHS trust will make legal arguments on the case before the judge.