High Court confirms alternative provider medical services contracts can take effect as “NHS Contracts”
In SSP Health Ltd v NHS Litigation Authority [2019] EWHC 3291 (Admin), Browne Jacobson LLP successfully acted for NHS England in relation to a judicial review challenge brought by SSP Health Ltd (“the Claimant”) following a decision made under the NHS Dispute Resolution Procedure not to award the Claimant interest in relation to a breach of the terms of 22 Alterative Provider Medical Services (“APMS”) contracts.
In SSP Health Ltd v NHS Litigation Authority [2019] EWHC 3291 (Admin), Browne Jacobson LLP successfully acted for NHS England in relation to a judicial review challenge brought by SSP Health Ltd (the "Claimant”) following a decision made under the NHS Dispute Resolution Procedure not to award the Claimant interest in relation to a breach of the terms of 22 Alterative Provider Medical Services (“APMS”) contracts.
In the High Court the Claimant argued, amongst other things, that the adjudicator erred in concluding that an APMS contract could take effect as an NHS contract. The Claimant submitted that it was not a "Health Service Body" as defined by the section 9 of the NHS Act 2006 (the "Act”) because there was no statutory provision which permitted APMS Contracts to take effect as NHS Contracts. Further, it was not part of the statutory scheme that a GP practice could be forced to become an NHS contractor. Accordingly, the Secretary of State had no vires to permit or to require an APMS Contract to be set up as an NHS Contract.
The Court rejected this argument. Mrs Justice Cockerill accepted NHS England’s submissions to the effect that the PMS Regulations and GMS Regulations provided a means for a contractor to have the status of an Health Service Body, not merely for the purposes of a specific PMS or GMS agreement (the entering into of which had the effect of its becoming regarded as such a body) but generally from the date of making such an agreement for the purposes of section 9 of the Act.
As the Claimant was already an HSB by reason of its other existing PMS and GMS contracts for the purpose of s.9 of the Act at the time it entered into the 22 APMS contracts, these were to be properly regarded as NHS Contracts.
The Court also rejected the Claimant’s other arguments that interest was otherwise payable under the law of England and Wales (in equity and by reason of the Late Payment of Commercial Debts (Interest) Act 1998) and/or the failure to award interest constituted a breach of the Claimant’s A1P1 rights.
Fenella Morris QC and Tom Cross were instructed by Browne Jacobson to appear at the hearing for NHS England.
Contact
Matthew Alderton
Senior Associate
matthew.alderton@brownejacobson.com
+44 (0)330 045 2747
Related expertise
You may be interested in...
Opinion - Maternity services
University Hospital Leicester hold their inaugural Maternity Safety Conference
In Person Event
Navigating your way through high profile sensitive reviews and investigations
Opinion
Junior doctors vote unanimously in favour of strike action
Opinion
Can toilet facilities amount to sex discrimination?
Published Article
Digital Twin Technologies: key legal contractual considerations
Opinion
Consultation launched on minimum ambulance service levels during strike action
Opinion - Maternity services
Changes to redundancy protections for employees post-maternity leave
Legal Update - Shared Insights
Shared Insights: Coroners’ Question Time
Press Release - Careers
Browne Jacobson health lawyer wins major accolade at Made in Manchester Awards
Opinion
BMA issues medical locum rate card for junior doctors
Legal Update
Employee who refused to wear a face mask fairly dismissed
Opinion
New toolkit to support safer recruitment in the care sector
Legal Update
Green Leases for the NHS
Guide
Government response to the consultation on the Higher-Risk Buildings Regulations
Published Article
The first 100 days for Integrated Care Boards
Opinion
Menopause and the workplace
On-Demand
Future of Care - Retirement Living webinar
In Person Event
Independent Healthcare In-House Lawyers Forum
Legal Update
Safeguarding at scale report published
Opinion
Government introduces new “anti-striking laws” to be discussed in Parliament
Press Release - Maternity services
Father Christmas comes to University Hospital Coventry and Warwickshire care of Browne Jacobson’s Birmingham Office Community Action Group
Opinion - Maternity services
The Patient Safety Incident Response Framework (PSIRF) and its impact on maternity services
Legal Update - Shared Insights
Shared Insights: Looking ahead to 2023 – what Health and Care employers need to know
Opinion
Coroner’s refusal to issue a Prevention of Future Deaths Report following death in prison custody inquest was lawful
Article
Mental health, eating disorders and placement of young people
Legal Update
LPS consultation and ‘go live’ planning
Opinion
Consultation launched on plans to amend NHS pension rules to bolster NHS workforce
Legal Update
Getting ready to face Industrial Action
Legal Update - Shared Insights
Shared Insights: Prolonged disorders of consciousness
Published Article
How AI and technology can transform the healthcare sector
On-Demand
The UK's green agenda - the outcomes of COP27 and actions since COP26
On-Demand
Insights from the Chief Coroner by His Honour Judge Thomas Teague, KC
Opinion
BMA advises consultants not to accept less than the BMA minimum rate card for extra-contractual work
The BMA is advising all NHS / HSCNI consultants to ensure extra-contractual work is paid at the BMA minimum recommended rate and to decline offers of extra-contractual work that doesn't value them appropriately.
On-Demand
Leadership and lessons learnt during the Pandemic by Professor Jonathan Van-Tam
Legal Update - Shared Insights
Shared Insights: The Patient Safety Incident Response Framework
Guide - Maternity services
Mediation guide for Clinicians: What do you need to know and how do you need to prepare
Opinion
NHS England – Updated Transaction Guidance
NHS England has published (October 2022) new guidance - Assuring and supporting complex change: Statutory transactions, including mergers and acquisitions.
Opinion
NHS England – Assuring and supporting complex change
NHS England has issued an updated (publication 11 October 2022) suite of Complex Change guidance about how it will assure and support proposals for complex change that are reportable to it. New and (where it is still in force) existing Complex Change guidance are as follows.
Legal Update
The Retained EU Law
Created at the end of the Brexit transition period, Retained EU Law is a category of domestic law that consists of EU-derived legislation retained in our domestic legal framework by the European Union (Withdrawal) Act 2018. This was never intended to be a permanent arrangement as parliament promised to deal with retained EU law through the Retained EU Law (Revocation and Reform) Bill (the “Bill”).
Legal Update
Economic crime and cybercrime
It is clear that the digital landscape, often termed cyberspace, is a man-made environment, in which human behaviour dominates and where technology both influences and aids our role in it — through the internet, telecoms and networked computer systems, which are often interdependent. The extent to which any organisation is potentially vulnerable to cyber-attack depends on how well these elements are aligned.