NHS Commissioning Board v Yellon and another

National Health Service – General medical services. The defendants were dentists who had provided dental services to the claimant NHS commission under arrangements made between then and the Primary Care Trusts (the PCT's). The claimant was the statutory predecessor to the PCT's. At the time those arrangements had been made, the defendants were regarded as health service bodies and therefore the arrangements between them and the PCT's were NHS's contracts under s 9 of the National Health Service Act 2006 (the 2006 Act). The claimants sought redress under the 2006 Act. The defendants disputed the claims on the basis that the claimant could, and should have, pursued its remedies under the statutory scheme in respect of breaches of the arrangements which were alleged to have taken place while the arrangements were still NHS contracts, and could not now remedy that omission by suing in the ordinary courts for sums allegedly due under or in respect of the arrangements. The Queen's Bench Division struck out the claimant's case on the basis of s 9 of the National Health Service Act 2006 (the 2006 Act).

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