NHS Commissioning Board v Silovsky [2015] EWHC 3141 (Comm) (24 September 2015)

NHS Commissioning Board v Silovsky [2015] EWHC 3141 (Comm) (24 September 2015)

The contract, on its proper construction, provides for a fixed annual payment of £77,238 for premises costs, with no implied term linking payments to the GMS Premises Directions. There is no evidential basis for rectification for either common or unilateral mistake.

Citation
[2015] EWHC 3141 (Comm)
Parties
Claimant: NHS Commissioning Board; First Defendant: Dr Karol Silovsky
Jurisdiction
England and Wales
Judgment Date
24 September 2015
Procedural Posture
Civil (commercial) / Summary Judgment Application by Defendants
Outcome
Summary judgment granted for the defendants; claim dismissed.
Legal Topics
Contract Interpretation, Rectification, Summary Judgment, NHS Contracts, Mistake in Contract
Contract Law Medical Law Public Law Contract Interpretation Rectification Summary Judgment NHS Contracts Mistake in Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

NHS Commissioning Board

Claimant

Dr Karol Silovsky

First Defendant

Procedural Posture

Civil (commercial) / Summary Judgment Application by Defendants

Legal Issues

  1. 1 Whether the 2007 PMS agreement entitles the defendants to fixed annual premises payments or payments variable in accordance with the GMS Premises Directions
  2. 2 Whether the contract should be rectified for common or unilateral mistake

Ratio Decidendi

The contract, on its proper construction, provides for a fixed annual payment of £77,238 for premises costs, with no implied term linking payments to the GMS Premises Directions. There is no evidential basis for rectification for either common or unilateral mistake.

Court Disposition

Summary judgment granted for the defendants; claim dismissed.

Orders

  • Claim dismissed in its entirety.