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Contract – Construction. The claimant NHS Commissioning Board alleged that it had overpaid the defendant GPs in respect of payments made to them towards their practice's costs of purchasing premises and it sought repayment or rectification of the relevant contract. The payments had been based on the fixed interest rate originally payable for the defendants' loan. The Commercial Court allowed the defendant's application for summary judgment where there was no arguable case that there was an implied term that premises costs were to be paid in accordance with the National Health Service (General Medical Services Premises Costs (England) Directions 2004. Further, the case of rectification for mistake was lacking in any evidential basis and had no prospect of success.
Contract – Construction. The claimant NHS Commissioning Board alleged that it had overpaid the defendant GPs in respect of payments made to them towards their practice's costs of purchasing premises and it sought repayment or rectification of the relevant contract. The payments had been based on the fixed interest rate originally payable for the defendants' loan. The Commercial Court allowed the defendant's application for summary judgment where there was no arguable case that there was an implied term that premises costs were to be paid in accordance with the National Health Service (General Medical Services Premises Costs (England) Directions 2004. Further, the case of rectification for mistake was lacking in any evidential basis and had no prospect of success.
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