- Primary Care Providers can claim interest on damages (SSP Health Ltd v National Health Service Litigation Authority (Primary Care Appeals Service))
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Local Government analysis: Where contracting parties agree to refer disputes to an adjudicator under NHS contracts, the Court of Appeal has held that the contractor is entitled to recover interest, even if the contract is not regarded for any purpose as giving rise to contractual rights or liabilities. The adjudicator still has the power to award interest on sums found to be due and owing to the contractor. There is no justification for a blanket policy or decision not to include an award of interest as a constituent part of the appropriate resolution of a dispute where a party has been kept out of sums of money to which it was rightfully entitled. If a party to a dispute has been kept out of their money, it is appropriate that the resolution of that dispute should include provision to reflect and compensate the party for that fact. Written by Simon Butler, barrister at 9 Gough Chambers.
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