Vikram Bhat & Anor, R (on the application of) v NHS Litigation Authority
[2024] EWHC 375 (Admin)
Dr Angelica Khera (trading as the Family Dental Practice) v National Health Service Commissioning Board (also known as NHS England)
26 April 2023
[2023] EWHC 958 (KB)
High Court
A dentist and the NHS had a big money argument. Their contract said arguments must go to a special NHS court, not a regular one. Even though the dentist tried to argue they'd already been to court about something related, the judge said the contract rules still applied, and sent the argument to the NHS court.
Key Facts
- •Dr. Angelica Khera (claimant) and the National Health Service Commissioning Board (defendant) have a dispute over £807,857.97 plus interest, relating to alleged contract breaches for non-performance in financial years ending 31 March 2018/19 and 2019/2020.
- •The dispute arose from claimant's participation in an NHS England pilot scheme that negatively impacted her practice's patient numbers.
- •The defendant referred the dispute to the Primary Care Appeals Service (PCA) after the claimant issued court proceedings.
- •The claimant's General Dental Services (GDS) contract states it's an NHS contract (Clause 14), requiring dispute resolution through the PCA (Clause 282).
- •The claimant argued that the defendant waived the NHS contract status through conduct in prior court proceedings (IMOS proceedings).
Legal Principles
An NHS contract must not be regarded as giving rise to enforceable contractual rights 'for any purpose'.
Pitalia and another v The National Health Service Commissioning Board [2014] EWCA Civ 474
A GDS contract remains an NHS contract unless varied in writing and signed by both parties (Clause 287).
The National Health Service (General Dental Services) Regulations 2005, Schedule 3, paragraph 60; GDS Contract Clause 287
Post-contract conduct is irrelevant to interpreting a written contract.
Lewison LJ in NHS Commissioning Board and Dr Manjul Vasant, Dr Angelica Khera, Dr Gursharan [2019] EWCA civ 1245
Extrinsic evidence can explain unconventional expressions in a contract, but not to imply changes to contract status.
Lewison LJ in NHS Commissioning Board and Dr Manjul Vasant, Dr Angelica Khera, Dr Gursharan [2019] EWCA civ 1245
CPR 11(4) dictates that jurisdiction challenges must be raised within 14 days after filing an Acknowledgement of Service.
Civil Procedure Rules 11(4)
Outcomes
The court does not have jurisdiction to try the claim.
The GDS contract remains an NHS contract, and therefore the dispute must be resolved through the PCA; prior court proceedings did not change the contract's NHS status.
The claim form is set aside.
The court lacks jurisdiction.