The facts of the case may be difficult to understand without some basic information about how dental care is provided in England & Wales. A dental practice is a place that provides the facilities for treating patients but the term ‘practice’ includes staff (dentists, dental nurses, hygienists, receptionists and so on) as well as the equipment used by those staff. This case involves a dispute between two dentists – Valilas and Januzaj – at the Droitwich Spa Dental Practice (DSDP). The central legal issue is a contract between them.
There is also another contract in the case. It forms part of the background but it is not necessary to understand it in detail. Mr Valilas treated patients through the National Health Service (NHS), a government subsidised service, and he received payment for this work from a Primary Care Trust (PCT) – part of the NHS – in equal monthly instalments. The amount of these monthly payments was based on the number of Units of Dental Activity (UDAs) that he had agreed to perform by the end of the year. (The meaning of UDAs is not at all relevant here but may be puzzling: it is a way of quantifying the different work that a dentist would do, extracting teeth, filling teeth, cleaning teeth, on some basis relating to time taken, level of skill and so on.) The arrangements for payment are described in paragraph 4 of the judgment.
This is the setting for what subsequently occurs between Valilas and Januzaj.
GUIDANCE ON WRITING YOUR CASE NOTE
Your case note should be as short and as comprehensive as possible. You want it to be a case note – that is substantially shorter than the original – but you also need it to be comprehensive – that is to cover all the points you need to understand and recall. How long, or short, any piece of writing should be depends on your reasons for writing. The reasons for writing a case note on Valilas v Januzaj is different to the reasons for making a note, perhaps only of a paragraph or two, of the many cases you will study in subjects like Criminal or Contract law.
It follows that your case note should be as long as you need it to be to help you fully understand the case and to help you when you are revising for the examination. You are expected to be very familiar with the details of each judgment in Valilas v Januzaj and to be able to explain how each judge reached their decision and you should keep this in mind when writing your case note.
Your case note should include:
Case name and citation
Court and judges
Detailed reasons for the decision
The ratio decided
This material may consist of step-by-step explanations on how to solve a problem or examples of proper writing, including the use of citations, references, bibliographies, and formatting. This material is made available for the sole purpose of studying and learning - misuse is strictly forbidden.Claimant, a dentist was working under the defendant who ran a dental spa and the oral agreement between them was called “the facilities contract” by which the claimant would pay each month 50% of his receipts to the defendant for the use of the defendant’s spa facilities. Additionally, claimant had a contract with the local Primary Care Trust (“the PCT”) whereby the claimant would carry out specified number of “Units of Dental Activity” (“UDAs”) for NHS patients over a year for a fixed price per unit and would be paid in installments, a part of which was given to the defendant directly.
From 2007 to 2010, things ran smoothly. But in 2010, after claimant refused to sign an associate agreement , there was a dispute and claimant refused his monthly payments to defendant. But the defendant had received his share of the PCT payments and since the claimant did not achieve the contracted number, the claimant was obliged to refund the consequent overpayment to the PCT. The claimant was worried about the defendant refunding him the PCT amounts and therefore did not make his monthly payments for nearly three months. As a result, the claimant was excluded from the spa premises and he approached the County Court wherein the Judge ruled in claimant’s favor by finding that the termination of the agreement was wrongful and this caused claimant loss in his contract with PCT
Thus the appeal.
The issues before the County Court were:-
1. Was there a notice term in the facilities contract, and, if so, how long was the period of notice to which the claimant was entitled...