Bhat & Anor, R (On the Application Of) v NHS Litigating Authority [2024] EWHC 375 (Admin) (22 February 2024)

Bhat & Anor, R (On the Application Of) v NHS Litigating Authority [2024] EWHC 375 (Admin) (22 February 2024)

The Adjudicator erred in law by relying on the distinction between technical and general dissolution to determine that the GMS Contract automatically terminated upon dissolution of the partnership. Regulation 15 of the 2015 Regulations and Schedule 1 of the Contract apply regardless of whether the dissolution was technical or general, and there was no full-scale winding up. The contract continued with the partnership as constituted from time to time. There was no lawful basis for implying a requirement for unanimous agreement or a written partnership agreement for the contract to continue. The contract did not terminate by operation of law, and no implied fixed term contract arose.

Citation
[2024] EWHC 375 (Admin)
Parties
Claimant: Vikram Bhat; Claimant: Geetha Bhat; Defendant: NHS Litigation Authority; Interested Party: NHS Commissioning Board
Jurisdiction
England and Wales
Judgment Date
22 February 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed
Legal Topics
NHS Contracts, Partnership Dissolution, General Medical Services Contract, Judicial Review, Implied Contracts
Administrative Law Contract Law Health Law NHS Contracts Partnership Dissolution General Medical Services Contract Judicial Review Implied Contracts

Case Brief

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Parties

Vikram Bhat

Claimant

Geetha Bhat

Claimant

NHS Litigation Authority

Defendant

NHS Commissioning Board

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the General Medical Services Contract terminated by operation of law upon dissolution of the partnership
  2. 2 Whether an implied fixed term GMS contract arose following termination
  3. 3 Interpretation of NHS contract regulations and partnership law

Ratio Decidendi

The Adjudicator erred in law by relying on the distinction between technical and general dissolution to determine that the GMS Contract automatically terminated upon dissolution of the partnership. Regulation 15 of the 2015 Regulations and Schedule 1 of the Contract apply regardless of whether the dissolution was technical or general, and there was no full-scale winding up. The contract continued with the partnership as constituted from time to time. There was no lawful basis for implying a requirement for unanimous agreement or a written partnership agreement for the contract to continue. The contract did not terminate by operation of law, and no implied fixed term contract arose.

Court Disposition

Claim allowed

Orders

  • The determination of the Defendant dated 10 November 2022 is quashed.
  • It is declared that the GMS Contract did not terminate by operation of law upon dissolution of the partnership.