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Can we claim interest on a late payment from our PCT?

We are a large PMS practice with 60 employees. We have been PMS since 1 October 2002. We elected to be a Health Service Body on entering into our PMS agreement. Our PCT initially refused to pay over £18,000 due to us under a scheme run by the PCT in 2003/04. Following local dispute resolution they have now paid this.

Can we claim interest on the sum from 2004 to the date of payment? Our PCT says that the Late Payment of Commercial Debts (Interest) Act 1998 does not apply to business with over 50 employees. They also say that we are not entitled to rely on this Act. Please Advise.

Andrew Lockhart-Mirams, partner at Lockharts Solicitors Andrew Lockhart-Mirams, partner at Lockharts Solicitors

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