Health Secretary Steve Barclay is to ask judges to rule whether part of the next nurse strike is unlawful.
The government wants the High Court to assess whether Tuesday - the last day of the walkout in England - falls outside the Royal College of Nursing's six-month mandate for action.
It believes the mandate will have lapsed by Tuesday - the 48-hour strike is due to start at 20:00 BST on Sunday.
The RCN accused ministers of using "draconian anti-union legislation".
Mr Barclay's decision to take legal action follows a request from hospital bosses.
The RCN argues the strike falls within the required six-month period from when votes were cast in its ballot for industrial action.
But NHS Employers said it had legal advice that the action would be unlawful.
Source: BBC News, 24 April 2023
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