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GDPUK.com Opinions:: Eddie Crouch - The Judgement |
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Eddie Crouch, well known to all GDPUK readers, sets out exclusively and immediately for GDPUK the story behind his court cases and the judgement which was handed down today, 10th December, at the Court of Appeal.
In this story, Eddie also makes clear the true role the BDA had during this period of time, and exactly how the funding issue came about.
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The story starts with Eddie as secretary of Birmingham LDC, a role he was quite new to, and the mood of the profession and in Birmingham was strongly against the contract about to be imposed by the Department of Health [DH] in April 2006.
In February 2006, Birmingham LDC sought the assistance of a local firm of solicitors to assist dentists unhappy with new NHS contracts, wanting to know how to “sign in dispute” correctly. Many have since said this was the only true negotiation we had over the contracts offered.
In my position as LDC Secretary I was approached by many others, some not even from my own LDC. The legal information we had was shared with many other LDCs and spread far and wide.
I was delighted when the BDA invited me to attend a meeting on potential legal challenges to the contract. The meeting took place in London in the late summer of 2006. The legal route of a Judicial Review appeared to be the only avenue left after disputes were thrown out by the NHS Litigation Authority [NHSLA], and it would have to be within three months of any decision made in Harrogate.
I took with me a selection of cases from those seeking my help - the ones I thought would and could be fought. Some of these came from colleagues who did not have the financial clout to take on such a challenge. This is an expensive road to follow as I have discovered for myself. Most of the cases which I considered to be very strong were deemed unwinnable by the BDA. There were several others, backed by the legal insurance cover on their practices that tried to get permission for a Judicial Review, but failed.
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