Common use of Claims and Litigation Clause in Contracts

Claims and Litigation. 14.1. Schedule 2 (Delegated Functions) sets out further detail in relation to the performance management of the Primary Medical Services Contracts. 14.2. Nothing in this clause 14 (Claims and Litigation) shall be interpreted as affecting the reservation to NHS England of the Reserved Functions (including the reservation to NHS England of all functions in relation to the performers list activities). 14.3. Except in the circumstances set out in clause 14.7 and subject always to compliance with this clause 14 (Claims and Litigation), the CCG shall be responsible for and shall retain the conduct of any Claim. 14.4. The CCG must: 14.4.1. comply with any policy issued by NHS England from time to time in relation to the conduct of or avoidance of Claims and/or the pro-active management of Claims; 14.4.2. without prejudice to clause 14.4.1, in respect of legal advice or assistance in relation to a Claim, comply with any requirements of NHS England from time to time (whether set out in a policy issued pursuant to clause 14.4.1 or otherwise) in relation to the use of solicitors or barristers and, at the date of this Agreement, NHS England’s requirement is that a CCG must obtain prior approval from NHS England in respect of the firm of solicitors instructed to provide legal advice or assistance in relation to a Claim; 14.4.3. if it receives any correspondence, issue of proceedings, claim document or other document concerning any Claim or potential Claim, immediately notify NHS England and send to NHS England all copies of such correspondence; 14.4.4. co-operate fully with NHS England in relation to such Claim and the conduct of such Claim; 14.4.5. provide, at its own cost, to NHS England all documentation and other correspondence that NHS England requires for the purposes of considering and/or resisting such Claim; and/or 14.4.6. at the request of NHS England, take such action or step or provide such assistance as may in NHS England’s discretion be necessary or desirable having regard to the nature of the Claim and the existence of any time limit in relation to avoiding, disputing, defending, resisting, appealing, seeking a review or compromising such Claim or to comply with the requirements of the NHSLA or any insurer in relation to such Claim. 14.5. NHS England shall use its reasonable endeavours to keep the CCG informed in respect of the conduct and/or outcome of the Claim except that NHS England shall have no obligation to do so due to any administrative or regulatory requirement, the requirement of any insurer or the NHSLA or for any other reason that NHS England may consider necessary or appropriate, at its absolute discretion, in relation to the conduct of that Claim or related matter. 14.6. Subject to clause 14.4 and Schedule 5 (Financial Provisions and Decision Making Limits) the CCG is entitled to conduct the Claim in the manner it considers appropriate and is also entitled to pay or settle any Claim on such terms as it thinks fit.

Claims and Litigation. 14.113.1. Schedule 2 (Delegated Functions) sets out further detail in relation to the performance management of the Primary Medical Services Contracts. 14.213.2. Nothing in this clause 14 13 (Claims and Litigation) shall be interpreted as affecting the reservation to NHS England of the Reserved Functions (including the reservation to NHS England of all functions in relation to the performers list activities). 14.313.3. Except in the circumstances set out in clause 14.7 13.7 and subject always to compliance with this clause 14 13 (Claims and Litigation), the CCG shall be responsible for and shall retain the conduct of any Claim. 14.413.4. The CCG must: 14.4.113.4.1. comply with any policy issued by NHS England from time to time in relation to the conduct of or avoidance of Claims and/or the pro-active management of Claims; 14.4.213.4.2. without prejudice to clause 14.4.1, in respect of legal advice or assistance in relation to a Claim, comply with any requirements of NHS England from time to time (whether set out in a policy issued pursuant to clause 14.4.1 or otherwise) in relation to the use of solicitors or barristers and, at the date of this Agreement, NHS England’s requirement is that a CCG must obtain prior approval from NHS England in respect of the firm of solicitors instructed to provide legal advice or assistance in relation to a Claim; 14.4.313.4.3. if it receives any correspondence, issue of proceedings, claim document or other document concerning any Claim or potential Claim, immediately notify NHS England and send to NHS England all copies of such correspondence; 14.4.413.4.4. co-operate fully with NHS England in relation to such Claim and the conduct of such Claim; 14.4.513.4.5. provide, at its own cost, to NHS England all documentation and other correspondence that NHS England requires for the purposes of considering and/or resisting such Claim; and/or 14.4.613.4.6. at the request of NHS England, take such action or step or provide such assistance as may in NHS England’s discretion be necessary or desirable having regard to the nature of the Claim and the existence of any time limit in relation to avoiding, disputing, defending, resisting, appealing, seeking a review or compromising such Claim or to comply with the requirements of the NHSLA NHS Resolution or any insurer in relation to such Claim. 14.5. NHS England shall use its reasonable endeavours to keep the CCG informed in respect of the conduct and/or outcome of the Claim except that NHS England shall have no obligation to do so due to any administrative or regulatory requirement, the requirement of any insurer or the NHSLA or for any other reason that NHS England may consider necessary or appropriate, at its absolute discretion, in relation to the conduct of that Claim or related matter. 14.6. Subject to clause 14.4 and Schedule 5 (Financial Provisions and Decision Making Limits) the CCG is entitled to conduct the Claim in the manner it considers appropriate and is also entitled to pay or settle any Claim on such terms as it thinks fit.

Claims and Litigation. 14.1. Schedule 2 (Delegated Functions) sets out further detail in relation to the performance management of the Primary Medical Services Contracts. 14.2. Nothing in this clause 14 (Claims and Litigation) shall be interpreted as affecting the reservation to NHS England of the Reserved Functions (including the reservation to NHS England of all functions in relation to the performers list activities). 14.3. Except in the circumstances set out in clause 14.7 and subject always to compliance with this clause 14 (Claims and Litigation), the CCG shall be responsible for and shall retain the conduct of any Claim. 14.4. The CCG must: 14.4.1. comply with any policy issued by NHS England from time to time in relation to the conduct of or avoidance of Claims and/or the pro-pro- active management of Claims; 14.4.2. without prejudice to clause 14.4.1, in respect of legal advice or assistance in relation to a Claim, comply with any requirements of NHS England from time to time (whether set out in a policy issued pursuant to clause 14.4.1 or otherwise) in relation to the use of solicitors or barristers and, at the date of this Agreement, NHS England’s requirement is that a CCG must obtain prior approval from NHS England in respect of the firm of solicitors instructed to provide legal advice or assistance in relation to a Claim; 14.4.3. if it receives any correspondence, issue of proceedings, claim document or other document concerning any Claim or potential Claim, immediately notify NHS England and send to NHS England all copies of such correspondence; 14.4.4. co-operate fully with NHS England in relation to such Claim and the conduct of such Claim; 14.4.5. provide, at its own cost, to NHS England all documentation and other correspondence that NHS England requires for the purposes of considering and/or resisting such Claim; and/or 14.4.6. at the request of NHS England, take such action or step or provide such assistance as may in NHS England’s discretion be necessary or desirable having regard to the nature of the Claim and the existence of any time limit in relation to avoiding, disputing, defending, resisting, appealing, seeking a review or compromising such Claim or to comply with the requirements of the NHSLA or any insurer in relation to such Claim. 14.5. NHS England shall use its reasonable endeavours to keep the CCG informed in respect of the conduct and/or outcome of the Claim except that NHS England shall have no obligation to do so due to any administrative or regulatory requirement, the requirement of any insurer or the NHSLA or for any other reason that NHS England may consider necessary or appropriate, at its absolute discretion, in relation to the conduct of that Claim or related matter. 14.6. Subject to clause 14.4 and Schedule 5 (Financial Provisions and Decision Making Limits) the CCG is entitled to conduct the Claim in the manner it considers appropriate and is also entitled to pay or settle any Claim on such terms as it thinks fit.

Claims and Litigation. 14.113.1. Schedule 2 (Delegated Functions) sets out further detail in relation to the performance management of the Primary Medical Services Contracts. 14.213.2. Nothing in this clause 14 13 (Claims and Litigation) shall be interpreted as affecting the reservation to NHS England of the Reserved Functions (including the reservation to NHS England of all functions in relation to the performers list activities). 14.313.3. Except in the circumstances set out in clause 14.7 13.7 and subject always to compliance with this clause 14 13 (Claims and Litigation), the CCG shall be responsible for and shall retain the conduct of any Claim. 14.413.4. The CCG must: 14.4.113.4.1. comply with any policy issued by NHS England from time to time in relation to the conduct of or avoidance of Claims and/or the pro-active management of Claims; 14.4.213.4.2. without prejudice to clause 14.4.1, in respect of legal advice or assistance in relation to a Claim, comply with any requirements of NHS England from time to time (whether set out in a policy issued pursuant to clause 14.4.1 or otherwise) in relation to the use of solicitors or barristers and, at the date of this Agreement, NHS England’s England‟s requirement is that a CCG must obtain prior approval from NHS England in respect of the firm of solicitors instructed to provide legal advice or assistance in relation to a Claim; 14.4.313.4.3. if it receives any correspondence, issue of proceedings, claim document or other document concerning any Claim or potential Claim, immediately notify NHS England and send to NHS England all copies of such correspondence; 14.4.413.4.4. co-operate fully with NHS England in relation to such Claim and the conduct of such Claim; 14.4.513.4.5. provide, at its own cost, to NHS England all documentation and other correspondence that NHS England requires for the purposes of considering and/or resisting such Claim; and/or 14.4.613.4.6. at the request of NHS England, take such action or step or provide such assistance as may in NHS England’s England‟s discretion be necessary or desirable having regard to the nature of the Claim and the existence of any time limit in relation to avoiding, disputing, defending, resisting, appealing, seeking a review or compromising such Claim or to comply with the requirements of the NHSLA or any insurer in relation to such Claim. 14.5. NHS England shall use its reasonable endeavours to keep the CCG informed in respect of the conduct and/or outcome of the Claim except that NHS England shall have no obligation to do so due to any administrative or regulatory requirement, the requirement of any insurer or the NHSLA or for any other reason that NHS England may consider necessary or appropriate, at its absolute discretion, in relation to the conduct of that Claim or related matter. 14.6. Subject to clause 14.4 and Schedule 5 (Financial Provisions and Decision Making Limits) the CCG is entitled to conduct the Claim in the manner it considers appropriate and is also entitled to pay or settle any Claim on such terms as it thinks fit.

Claims and Litigation. 14.1. Schedule 2 (Delegated Functions) sets out further detail in relation to the performance management of the Primary Medical Services Contracts. 14.2. Nothing in this clause 14 (Claims and Litigation) shall be interpreted as affecting the reservation to NHS England of the Reserved Functions (including the reservation to NHS England of all functions in relation to the performers list activities). 14.3. Except in the circumstances set out in clause 14.7 and subject always to compliance with this clause 14 (Claims and Litigation), the CCG shall be responsible for and shall retain the conduct of any Claim. 14.4. The CCG must: 14.4.1. comply with any policy issued by NHS England from time to time in relation to the conduct of or avoidance of Claims and/or the pro-active management of Claims; 14.4.2. without prejudice to clause 14.4.1, in respect of legal advice or assistance in relation to a Claim, comply with any requirements of NHS England from time to time (whether set out in a policy issued pursuant to clause 14.4.1 or otherwise) in relation to the use of solicitors or barristers and, at the date of this Agreement, NHS England’s England‟s requirement is that a CCG must obtain prior approval from NHS England in respect of the firm of solicitors instructed to provide legal advice or assistance in relation to a Claim; 14.4.3. if it receives any correspondence, issue of proceedings, claim document or other document concerning any Claim or potential Claim, immediately notify NHS England and send to NHS England all copies of such correspondence; 14.4.4. co-operate fully with NHS England in relation to such Claim and the conduct of such Claim; 14.4.5. provide, at its own cost, to NHS England all documentation and other correspondence that NHS England requires for the purposes of considering and/or resisting such Claim; and/or 14.4.6. at the request of NHS England, take such action or step or provide such assistance as may in NHS England’s England‟s discretion be necessary or desirable having regard to the nature of the Claim and the existence of any time limit in relation to avoiding, disputing, defending, resisting, appealing, seeking a review or compromising such Claim or to comply with the requirements of the NHSLA or any insurer in relation to such Claim. 14.5. NHS England shall use its reasonable endeavours to keep the CCG informed in respect of the conduct and/or outcome of the Claim except that NHS England shall have no obligation to do so due to any administrative or regulatory requirement, the requirement of any insurer or the NHSLA or for any other reason that NHS England may consider necessary or appropriate, at its absolute discretion, in relation to the conduct of that Claim or related matter. 14.6. Subject to clause 14.4 and Schedule 5 (Financial Provisions and Decision Making Limits) the CCG is entitled to conduct the Claim in the manner it considers appropriate and is also entitled to pay or settle any Claim on such terms as it thinks fit.

Claims and Litigation. 14.1. Schedule 2 (Delegated Functions) sets out further detail in relation to the performance management of the Primary Medical Services Contracts. 14.2. Nothing in this clause 14 (Claims and Litigation) shall be interpreted as affecting the reservation to NHS England of the Reserved Functions (including the reservation to NHS England of all functions in relation to the performers list activities). 14.3. Except in the circumstances set out in clause 14.7 and subject always to compliance with this clause 14 (Claims and Litigation), the CCG shall be responsible for and shall retain the conduct of any Claim. 14.4. The CCG must: 14.4.1. comply with any policy issued by NHS England from time to time in relation to the conduct of or avoidance of Claims and/or the pro-active management of Claims; 14.4.2. without prejudice to clause 14.4.1, in respect of legal advice or assistance in relation to a Claim, comply with any requirements of NHS England from time to time (whether set out in a policy issued pursuant to clause 14.4.1 or otherwise) in relation to the use of solicitors or barristers and, at the date of this Agreement, NHS England’s requirement is that a CCG must obtain prior approval from NHS England in respect of the firm of solicitors instructed to provide legal advice or assistance in relation to a Claim; 14.4.3. if it receives any correspondence, issue of proceedings, claim document or other document concerning any Claim or potential Claim, immediately notify NHS England and send to NHS England all copies of such correspondence; 14.4.4. co-operate fully with NHS England in relation to such Claim and the conduct of such Claim; 14.4.5. provide, at its own cost, to NHS England all documentation and other correspondence that NHS England requires for the purposes of considering and/or resisting such Claim; and/or 14.4.6. at the request of NHS England, take such action or step or provide such assistance as may in NHS England’s discretion be necessary or desirable having regard to the nature of the Claim and the existence of any time limit in relation to avoiding, disputing, defending, resisting, appealing, seeking a review or compromising such Claim or to comply with the requirements of the NHSLA NHS Resolution or any insurer in relation to such Claim. 14.5. NHS England shall use its reasonable endeavours to keep the CCG informed in respect of the conduct and/or outcome of the Claim except that NHS England shall have no obligation to do so due to any administrative or regulatory requirement, the requirement of any insurer or the NHSLA NHS Resolution or for any other reason that NHS England may consider necessary or appropriate, at its absolute discretion, in relation to the conduct of that Claim or related matter. 14.6. Subject to clause 14.4 and Schedule 5 (Financial Provisions and Decision Making Limits) the CCG is entitled to conduct the Claim in the manner it considers appropriate and is also entitled to pay or settle any Claim on such terms as it thinks fit.