Pitalia and another v National Health Service Commissioning Board

National health service – General medical services. The claimants ran a general practitioner medical practice. They issued proceedings against a primary care trust for breach of a contract, giving them health service body status, which had been varied. The Court of Appeal, Civil Division, held that the variation agreement had not needed to mention the claimants' health service body status, as the original agreement had. Accordingly, the variation agreement had been an NHS contract and the claimants had had no legally enforceable rights by virtue of s 9(5) of the National Health Service Act 2006. Further, it allowed the defendant's application to amend to seek a strike out of the proceedings, as the claimants would not be prejudiced and, on the basis of its findings, struck out the proceedings.

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