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 VAF was a valid written variation signed by both parties, satisfying the GDS Contract's no oral modification clause and effectively incorporating IMOS services into the GDS Contract. The GDS Contract's termination provisions, which do not allow termination on notice, apply to IMOS services. NHS England's policy concerns do not override its contractual obligations.

Citation
[2018] EWHC 3002
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 / High Court Judgment After Trial
Outcome
Declaration granted in favour of the claimants
Legal Topics
Variation of Contracts, Interpretation of Contracts, NHS Dental Services, No Oral Modification Clauses, Estoppel
Contract Law Public Health Law Variation of Contracts Interpretation of Contracts NHS Dental Services No Oral Modification Clauses 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 / High Court Judgment After Trial

Legal Issues

  1. 1 Whether IMOS services are governed by the GDS Contract or a separate IMOS Contract
  2. 2 Whether the GDS Contract as varied by the VAF validly incorporated IMOS services
  3. 3 Whether NHS England can terminate IMOS services on notice or only for cause

Ratio Decidendi

The VAF was a valid written variation signed by both parties, satisfying the GDS Contract's no oral modification clause and effectively incorporating IMOS services into the GDS Contract. The GDS Contract's termination provisions, which do not allow termination on notice, apply to IMOS services. NHS England's policy concerns do not override its contractual obligations.

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 notice by NHS England