R (on the application of Shepherd (on behalf of 999 Call for the NHS)) v National Health Service Commissioning Board

National Health Service – National Health Service Commissioning Board. The judge had been right to hold that s 115 of the Health and Social Care Act 2012 did not require visible prices fixed in advance for each individual treatment episode. Accordingly, the Court of Appeal, Civil Division, dismissed the claimant's appeal, further holding that the judge had correctly held that the whole population annual payment mechanism under the defendants' contract might lawfully be promulgated and used under the flexible statutory scheme laid down by the Act, which allowed for a variety of variations of prices and specifications.

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