Commercial Litigation Case Study – NDP Persuade NHS England to Offer Reinstatement of GP’s Contract.
This case study details how our specialist team of commercial litigation solicitors were able to persuade NHS England to offer reinstatement to a GP whose contract had been terminated due to bankruptcy.
The case’s background was that the General Practitioner, based in the South of England, had been made bankrupt because of debts that were unrelated to his GP practice, resulting in NHS England taking the draconian decision to terminate his Personal Services Medical Contract (‘the Contract’) with immediate effect.
Both the bankruptcy and the loss of the GP’s contract had taken place by the time NDP were instructed.
The Consequences of NHS England’s Actions were Serious for the GP and his Patients
NHS England terminated the GP’s Contract despite being on notice that an application to discharge the Bankruptcy Order was afoot and that the Bankruptcy Order would likely be annulled within a matter of days. NHS England’s actions, which resulted in the closure of the GP’s surgery, prevented the GP from operating from his surgery, leading to the displacement of over 3,000 patients who were left without access to medical care.
The GP, on the recommendation from a barrister friend of his, sought NDP’s expertise to try and resolve matters, because his existing insolvency litigation solicitors had been unable to dismiss the underlying Bankruptcy Petition or persuade NHS England to reinstate the GP’s Contract.
The Immediate Objective of our Insolvency Litigation Solicitors
NDP’s immediate objective was to secure the dismissal of the Bankruptcy Petition. We persuaded the Court to hear the application for the dismissal on an urgent and expedited basis and were able to successfully apply for dismissal of the Bankruptcy Petition.
Having achieved the dismissal of the Bankruptcy Petition, our team of commercial litigation solicitors engaged the services of specialist Queens Counsel, highly experienced in disputes with the NHS, in order to procure the reinstatement of the Contract.
We Believed That the Basis of the GP’s Case was Strong
The basis of the GP’s case was that NHS England had failed to act in accordance with the terms of its Contract with him, thus preventing his right to derive a living from a medical practice and local community that he had developed and dedicated his working life to, over 30 years.
The case garnered huge support from the GP’s patients and local community. An online Petition for the GP’s reinstatement was created and hundreds of his patients wrote to their local Member of Parliament and the chief executive of NHS England. The public outrage was also captured in the local press.
As a result our commercial litigation specialists successfully negotiated an offer from NHS England to restore the GP’s Contract. He is now back in his surgery, looking after his patients.
With the hard work, expertise and commercial approach of NDP and Leading Counsel, the GP was able to defeat NHS England and achieve an outcome that was just and fair, without the need for expensive and time consuming litigation that would have had no certain outcome for anyone.
The case demanded not only NDP’s legal expertise but also a huge amount of commerciality and hard work in a short period of time.
Contact us if you are Facing Commercial Litigation as a Result of Insolvency/Bankruptcy
If you are facing commercial litigation as a result of insolvency or Bankruptcy, please call us on 0121 200 7040, or contact us for an initial free discussion about your case.
When dealing with commercial litigation, we recognise that our clients require speed, efficiency and an understanding of commercial risk. We will take time to understand your objectives and devise a litigation strategy that best suits you. However, the earlier you contact us, the more likely it is that we can help.