NHS Commissioning Board v Silovsky

NHS Commissioning Board v Silovsky

The contract 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 common or unilateral mistake.

Parties
Claimant: NHS Commissioning Board; First Defendant: Dr Karol Silovsky; Second Defendant: Dr Paul Driscoll
Jurisdiction
England and Wales
Judgment Date
24 September 2015
Procedural Posture
Civil / Summary Judgment Application
Outcome
summary judgment granted for defendants
Legal Topics
Contract Interpretation, Rectification, Summary Judgment, Mistake in Contract
Contract Law Contract Interpretation Rectification Summary Judgment Mistake in Contract

Case Brief

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Parties

NHS Commissioning Board

Claimant

Dr Karol Silovsky

First Defendant

Dr Paul Driscoll

Second Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the contract impliedly incorporates the GMS Premises Directions for calculation of premises payments
  2. 2 Whether the contract should be rectified for common or unilateral mistake

Ratio Decidendi

The contract 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 common or unilateral mistake.

Court Disposition

summary judgment granted for defendants

Orders

  • Claim summarily dismissed