Vasant (t/a MK Vasant & Associates) & Ors v NHS Commissioning Board [2018] EWHC 3002 (QB) (07 November 2018)

Vasant (t/a MK Vasant & Associates) & Ors v NHS Commissioning Board [2018] EWHC 3002 (QB) (07 November 2018)

The Variation Agreement Form (VAF) was a valid written and signed variation under the GDS Contract's no oral modification clause, effectively bringing IMOS services within the GDS Contract. The GDS Contract's termination provisions, which do not allow termination on notice, apply to IMOS services. NHS England cannot terminate IMOS services on one month's notice.

Citation
[2018] EWHC 3002 (QB)
Parties
Claimant: Manjul Vasant (trading as MK Vasant & Associates); Claimant: Angelica Khera (trading as The Family Dental Practice); Claimant: Gursharan Kalsi (trading as Lancaster House Dental Practice); Defendant: NHS Commissioning Board
Jurisdiction
England and Wales
Judgment Date
07 November 2018
Procedural Posture
Claim for Declaratory and Injunctive Relief / Judgment After Trial
Outcome
Declaration granted in favour of the claimants
Legal Topics
Contract Variation, NHS Dental Services, No Oral Modification Clauses, Termination of Contracts, Estoppel
Contract Law Public Health Law Contract Variation NHS Dental Services No Oral Modification Clauses Termination of Contracts Estoppel

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Parties

Manjul Vasant (trading as MK Vasant & Associates)

Claimant

Angelica Khera (trading as The Family Dental Practice)

Claimant

Gursharan Kalsi (trading as Lancaster House Dental Practice)

Claimant

NHS Commissioning Board

Defendant

Procedural Posture

Claim for Declaratory and Injunctive Relief / Judgment After Trial

Legal Issues

  1. 1 Whether IMOS services are governed by the GDS Contract or the IMOS Contract
  2. 2 Whether the GDS Contract as varied by the VAF governs IMOS services and precludes termination on notice
  3. 3 Whether NHS England is estopped from terminating the IMOS services under the GDS Contract

Ratio Decidendi

The Variation Agreement Form (VAF) was a valid written and signed variation under the GDS Contract's no oral modification clause, effectively bringing IMOS services within the GDS Contract. The GDS Contract's termination provisions, which do not allow termination on notice, apply to IMOS services. NHS England cannot terminate IMOS services on one month's notice.

Court Disposition

Declaration granted in favour of the claimants

Orders

  • Declaration that IMOS services are governed by the GDS Contract as varied and not terminable on notice by NHS England