The appeal by the Department of Health is against a judicial review judgment in February that ruled it was unlawful for PCTs to include in dentists’ contracts clauses which allowed for contracts to be ended for no reason. Today, 31^st July, the BDA is lodging papers in the Court of Appeal that powerfully restate its view that such notice clauses are unlawful and unreasonable.

The move is the latest chapter in a protracted legal battle involving West Midlands orthodontist Dr Eddie Crouch and South Birmingham Primary Care Trust which included a without grounds termination clause in Dr Crouch’s contract in April 2006. The BDA was heavily involved in the judicial review hearing in February 2008 which found in Dr Crouch’s favour.

Peter Ward, Chief Executive of the British Dental Association, said: “We are very disappointed that the Department of Health has sought to challenge the decision of the High Court. Effectively the department is saying that a primary care trust should be able to say to a dentist, ‘your contract will come to an end tomorrow, just because we feel like it.

“Every right-minded person can see that this is totally unreasonable and would destroy the viability of family dental practices. How can dentists plan for the future if they have no security? A success for the Department of Health would be bad for dentists, bad for patients and disastrous for the health of the nation. We will continue to fight on behalf of Dr Crouch and the profession against this ridiculous clause.”

Eddie Crouch told GDPUK news: ‘BDA Executive Board members considered my request on Wednesday. They are equally concerned about the implications of this case for the profession and for me personally, and also have sympathy for my predicament and my anxiety over the costs in the Court of Appeal. The Board has identified a way forward that it wishes to discuss with me and my lawyers and we shall be arranging a meeting as soon as my legal team is available in mid-August."

To see news release on BDA website click here