Vasant (t/a MK Vasant & Associates) & Ors v NHS Commissioning Board

Vasant (t/a MK Vasant & Associates) & Ors v NHS Commissioning Board

The VAF was a written and signed variation that amended the GDS Contract to include IMOS services as a further service. The GDS Contract, as varied, governs the provision of IMOS services, including its termination provisions, and there is no right for NHS England to terminate IMOS services on one month's notice. The VAF is effective and enforceable under the contract's no oral modification clause.

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
Civil / Judgment After Trial
Outcome
Declaration granted in favour of the claimants
Legal Topics
Variation of Contract, No Oral Modification Clauses, Public Procurement, NHS Contracts, Declaratory Relief
Contract Law Health Law Administrative Law Variation of Contract No Oral Modification Clauses Public Procurement NHS Contracts Declaratory Relief

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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

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the provision of IMOS services by the claimants is governed by the GDS Contract as varied by the VAF or by the IMOS Contract
  2. 2 Whether the VAF was effective to bring IMOS services within the GDS Contract
  3. 3 Whether NHS England can terminate IMOS services on one month's notice

Ratio Decidendi

The VAF was a written and signed variation that amended the GDS Contract to include IMOS services as a further service. The GDS Contract, as varied, governs the provision of IMOS services, including its termination provisions, and there is no right for NHS England to terminate IMOS services on one month's notice. The VAF is effective and enforceable under the contract's no oral modification clause.

Court Disposition

Declaration granted in favour of the claimants

Orders

  • Declaration that IMOS services are governed by the GDS Contract as varied by the VAF and not terminable on one month's notice.