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A Merseyside dentist is to receive more than £500,000 following his victory in court against his PCT. David Tomkins, a dental practitioner from Prescot House Dental Practice in Prescot, Mer- seyside, took Knowsley Primary Care Trust to the High Court for non-payment of money earned under his NHS contract since April 2006. In the third such case to be taken to the High Court, the claim centred on two aspects; one was over the earnings value of a new associate who started in the base- line period for the new contract in 2005, the other was over an addi- tional contract given to the prac- tice following closure of a nearby practice with a NHS contract. In his Judgement, Mr Justice Hickinbottom, who presided over the case, stated: “On the evidence -which,insubstance,wasuncon- tentious - on 28 March 2006, the Trust and Mr Tomkins came to a legally binding and effective agreement, agreeing all terms except those that were dependent upontheissueofMrZein’satypical earnings for the baseline period used in the calculation of the an- nual contract value under the transitional provisions I have de- scribed. They agreed a mecha- nism for determining that issue, ultimately by reference to the Appeal Unit. That reference was duly made, and the issue deter- mined. That determination was binding upon the Trust. Of cou- rse, one has sympathy with a pub- lic body such as the Trust, who are required to work within tight financial constraints. However, despite the best efforts of their legal team, the Trust has been unable to persuade me that it has any ground for failing to comply with its contractual obligations to Mr Tomkins. It agreed to pay him £100,000 additional con- tract value in respect of the Cross Lane Practice work. That was a contractual term agreed between them. In failing to pay him, the Trust is in breach of contract.” Commenting on the result, David said: “First may I say I am very pleased with the verdict. It is what was expected since the trial ended. The campaign for justice has followed a long and sometimes tortuous path with many stops along the way. It has had a negative effect on my health and there have been several dark moments but my resolve was never diminished. I never doubted that I would eventually prevail. I am not tri- umphant in my victory as the damages are only the fees that should have been paid under the terms of the NHS contract. “It is also a victory for com- mon sense and justice. The way that the PCT abused its executive power has been patently exposed for all to see. They refused all re- quests to make good the contract and the decision makers refused to see me in person. Due to their intransigent attitude the dispute inevitably drifted to court. Their interpretation of the NHS litiga- tion authority’s decision was as ludicrous as it was indefensible. They should hang their heads in shame at this unprofessional and disgraceful behaviour. “Ishouldmentionatthispoint all the support I have had from friends, local dentists and those further afield whose words of encouragementhavebeenacom- fort to me. I would like to thank all my hard working and dedicated surgery staff that made it possible to achieve all targets while be- ing a dentist short. They never lost faith in the NHS provid- ing good quality care for all our patients. Their support was in- valuable at critical times. My partner Uszama Zein through his extra late nights and week- end surgeries without certain knowledge of reward was cru- cial to all the patients receiving their treatment. He added: “Finally to my wife Gillian whose implacable sup- port throughout the campaign was crucial both financially and emotionally. It was her moral compass that guided me dur- ing times of doubt and crisis through to eventual justice and the landmark victory. “I hope that other dentists who have had arbitrally unfair treatment under the 2006 con- tract will be empowered by this verdict to seek legal advice and receive the justice they deserve.” A spokesperson for the PCT commented: “NHS Knowsley followed the regulations and guidance during the negotiation of the new General Dental Serv- ices Contracts and felt this had been performed in an appropri- ate manner. Having discussed this with Mr Tomkins the Trust tried via mediation to negoti- ate a settlement. Unfortunately this case, after much delay, had to be determined by a judge in the High Court. NHS Knowsley is satisfied it acted in good faith and will abide by the judgment of the Court.” The full judgement of the case can be read at http://www. bailii.org/ew/cases/ EWHC/ QB/2010/1194.html. DT Dentist wins fight for PCT payment T here has been a rise in the number of clini- cal academics in British dental schools, according to the Dental Schools Council. The data published by the Council revealed a two per cent increase during the 2008-09 ac- ademic year. This takes the total to 478 Full Time Equivalents (FTE), the highest number since 2000. The Council especially wel- comed the 12 per cent (15 FTE) increase in the number of lec- turers between 2008 and 2009, and the evidence that younger clinical academics are being drawn from a more diverse pop- ulation in terms of gender, age and ethnicity. On the downside, there has been a 21 per cent decline (101 FTE) in the number of research-active clinical acad- emics - professors, senior lec- turers and lecturers - in the same time period. Women continue to be under represented at senior clinical academic grades, with just 10 of the 17 dental schools employing a female professor. Fifty-five per cent of clini- cal academics are aged over 46, compared with 51 per cent in 2004. The Dental Schools Coun- cil is concerned that the recent increase in lecturers alone may be insufficient to replace the expertise and leadership in clinical academia lost thro- ugh retirement. It also claims that the small staffing levels in many dental specialties renders them espe- cially vulnerable to change. Prof William P Saunders, chair of the Dental Schools Council, said: “Dentistry is unique amongst the health professions, with fund- ing from both Higher Education Funding Councils and the NHS, and teaching of dental students as a primary role of Higher Educa- tion Institutions. “Clinical academic dentistry is one of the most stimulating and rewarding careers involving pa- tient care, education and innova- tive research.” He added: “We are delighted by the recent increase in staffing levels in UK dental schools. “However, we do anticipate the added pressures to the pub- lic purse over the coming years, and, as a community of dental schools, we look to work closely to protect and support the qual- ity of teaching and research, as well as the contributions of clini- cal academics to the NHS and of clinicians to academia.” This is the eighth data update to be published by the Dental Schools Council since 2000. DT Rise in number of clinical academics in dental schools S mile-on treated dental professionals attending this year’s British Dental Association Conference to a drinks reception to celebrate its 10th anniversary. For the last ten years, the dental training and resources provider has continued to help den- tal professionals meet their CPD obligations, providing courses that are flexible, involving and inspirational. At the event, Smile-on representatives talked to delegates interested in the MSc in Restora- tive and Aesthetic Dentistry, run in conjunction with the University of Manchester, CORE CPD - the latest learning platform that looks after all your core subject needs and DNNET II, which is designed to help dental nurses studying for the National Certificate or the NVQ level 3 in Oral Health Care Dental Nursing, but also serves as a great refresher course for more ex- perienced nurses. A spokeswoman said: “The company’s key values of partnership, imagination, innova- tion, creativity and potential have helped evolve the products from simple training courses into the multi-media learning platforms of today and helped Smile-on become the source for cutting edge software and training resources.” DT Smile-on celebrates its 10th anniversary Published by Dental Tribune UK Ltd © 2010, Dental Tribune UK Ltd. All rights reserved. Dental Tribune UK Ltd makes every effort to report clinical information and manufacturer’s product news accurately, but cannot assume responsibility for the validity of product claims, or for typographical errors. The publishers also do not assume responsibility for product names or claims, or statements made by advertisers. Opinions expressed by authors are their own and may not reflect those of Dental Tribune International. 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