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Commercial Litigation Specialist Defeats NHS England

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Commercial Litigation Testimonial – NHS England Defeated by Neil Davies and Partners in Bankrupt GP case

In this commercial litigation case, Neil Davies and Partners threatened to sue NHS England for breaching the terms of the Personal Medical Services contract of a GP, our client, by unlawfully serving him with a termination of contract notice due to bankruptcy. This story details how our commercial litigation specialist team of solicitors were able to persuade NHS England to offer reinstatement to the GP, and features a testimonial from the barrister we worked with on the case, David Lock, QC.

What the Barrister said about our work in this case

We often work with barristers. The Leading Counsel on this case was David Lock, a well respected expert in healthcare law.

“I have had the pleasure of working closely with Sukhbir Mall, a partner at Neil Davies and Partners on a number of complex cases in recent years, including this one.  I have been consistently impressed with him and his colleagues’ commitment to their clients, his superb ability to spot winning points of law and his ability to maintain an excellent and totally ethical working relationship with clients, whatever the stresses and difficulties of the case. 

I have recommended clients to instruct Sukhbir and have always been delighted with the service they have received.  The award for the top Birmingham small firm of the year (2016) from the Birmingham Law Society is well deserved and is recognition of the very high level of service that Neil Davies and Partners provide to their clients.”

(David Lock QC, former Birmingham Law Society Barrister of the Year)

The details of this Commercial Litigation case

The General Practitioner, Dr Paramjit Wasu, had been made bankrupt in January 2015, caused by brief financial difficulties that were unrelated to his GP practice, where he was the sole practitioner. This lead to NHSE terminating his contract (causing the surgery to close), even though an application to discharge the Bankruptcy Order was in process, leaving 3,000 patients without access to their GP.

The situation was grave, because the GP’s existing insolvency litigation solicitors had not been able to persuade NHSE to reinstate the GP’s contract and nor had they been able to annul his bankruptcy. At this stage a barrister friend of the GP recommended he should talk to us.

How our Insolvency Litigation Solicitors Approached the Case

Since the underlying cause of the contract termination was the GP’s bankruptcy, our priority was get the Bankruptcy Petition dismissed, and we were successful in so doing.

We then retained the services of David Lock, QC, a barrister who specialises in defending doctors and others involved in disputes, with the aim of getting Dr Wasu’s contract reinstated.

Working closely with David, our belief was that in taking the draconian action against Dr Wasu, NHS had prevented him from serving his local community and had failed to act in accordance with the terms of its Personal Medical Services contract with him.

Significantly, an online Petition for the GP’s reinstatement was created and hundreds of his patients wrote to their local Member of Parliament and the chief executive of NHS England, demonstrating their strong feelings that NHSE’s decision was not in the interests of Dr Wasu, his patients or the NHS itself. It was also the case that Dr Wasu had been able to pay off his debts and effectively annul the bankruptcy by early February 2015.

As a result our commercial litigation specialists successfully negotiated an offer from NHS England to restore the GP’s Contract.  He is now back in his surgery, looking after his patients.

Our hard work, expertise and commercial approach, along with that of our Counsel, enabled Dr Wasu to achieve a successful outcome.

Contact us if you are Insolvent or Bankrupt

If you are facing commercial litigation as a result of Insolvency or Bankruptcy, please call us on 0121 200 7040, or contact us for an initial free discussion about your case. The sooner you contact us the more likely we are to be able to help.