Vikram Bhat & Anor, R (on the application of) v NHS Litigation Authority

Vikram Bhat & Anor, R (on the application of) v NHS Litigation Authority

Regulation 15 of the 2015 Regulations and Schedule 1 of the Contract require that the GMS Contract subsists with the partnership as constituted from time to time, regardless of whether dissolution is technical or general; the Adjudicator erred in law by determining automatic termination upon dissolution.

Parties
Claimant: The King on the application of Vikram Bhat and Geetha Bhat; Defendant: NHS Litigation Authority; Interested Party: NHS Commissioning Board
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
judicial review allowed
Legal Topics
Judicial Review of NHS Contract Determination, Partnership Dissolution and Contract Continuity, Interpretation of NHS Regulations, Variation and Termination of GMS Contracts
Administrative Law Health Law Contract Law Judicial Review of NHS Contract Determination Partnership Dissolution and Contract Continuity Interpretation of NHS Regulations Variation and Termination of GMS Contracts

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Parties

The King on the application of Vikram Bhat and Geetha Bhat

Claimant

NHS Litigation Authority

Defendant

NHS Commissioning Board

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Did the GMS Contract automatically terminate upon dissolution of the partnership?
  2. 2 Was there an implied fixed-term GMS contract after dissolution?

Ratio Decidendi

Regulation 15 of the 2015 Regulations and Schedule 1 of the Contract require that the GMS Contract subsists with the partnership as constituted from time to time, regardless of whether dissolution is technical or general; the Adjudicator erred in law by determining automatic termination upon dissolution.

Court Disposition

judicial review allowed

Orders

  • The determination of the NHS Litigation Authority is quashed.
  • The GMS Contract did not terminate automatically upon dissolution of the partnership.