Dental practice wins contract dispute with NHS

A dental practice has won a long running contract dispute with the NHS that went all the way to the Court of Appeal.

The practice had a General Dental Services Contract with the NHS, which stated that no variation could take effect unless it was in writing and signed by or on behalf of the parties, or if the practice was in default.

The contract was later expanded to incorporate a fixed 12-month agreement to supply minor oral surgery services. The service continued after the 12-month period had ended and therefore the contract continued by conduct.

After several years, the NHS wrote to the practice to terminate the oral surgery part of the contract.

The practice argued that the NHS didn’t have the right to terminate parts of the contract, only the contract as a whole – and only if the practice was in default.

The NHS argued that since the oral surgery contract was still effective it was entitled to terminate it.

The Court of Appeal ruled in favour of the practice. It held that the oral surgery agreement had effectively been incorporated into the main contract, which could only be terminated as a whole and only if the practice was in default.

Please contact Mandeep Singh for more information about the issues raised in this article or any aspect of contract law.