British Dental Association Support Helps Win Judicial Review

Main Category: Dentistry
Article Date: 25 May 2007 - 12:00 PDT

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The British Dental Association (BDA) has successfully supported a judicial review against the NHS Litigation Authority. The case, heard on 9 May by Mr Justice Goldring, concerned a dentist awarded a zero valued general dental services (GDS) contract by Hillingdon Primary Care Trust.

The dentist, who did not work for Hillingdon during the test year but was in contract at 31 March 2006, appealed against the PCT's belief that it had absolute discretion to award the contract value it thought fit. The NHS Litigation Authority supported the primary care trust. The BDA then intervened in support of the dentist's decision to apply to the Administrative Court for judicial review.

The Litigation Authority accepted that it had acted unlawfully by not taking into account information in its possession about the dentist's GDS activity between October 2005 and March 2006. By a Consent Order the case has now been referred back to the PCT to award a contract value that takes account of the practitioner's GDS activity and all proper considerations. Additionally, the dentist was awarded costs.

Peter Ward, Chief Executive of the British Dental Association, said:

"We're pleased to have been able to support our member achieve this highly significant ruling. This demonstrates that, in cases where a dentist has no activity during the test period and where an unreasonably low contract value has been awarded, it's possible to infer that a PCT has not had adequate regard to all the circumstances."

1. The British Dental Association (BDA) is the professional association for dentists in the UK. It represents over 20,000 dentists working in general practice, in community and hospital settings, in academia and research, and in the armed forces.

2. The dentist claimant was represented by White Ryland Solicitors, London W12. The BDA was represented by Lockharts Solicitors, London WC1.

http://www.bda.org

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