The FSA fined the mortgage broker Thinc Group £900,000 for poor record-keeping and failing to prove that the sub-prime loans it sold were suitable for the customers who took them out.
|
Practice and Procedure - Appellate jurisdiction/Reasons/Burns-Barke On hearing live evidence and submissions, no grounds were found for the exercise of discretion to extend time for the lodging of a Notice of Appeal by one day.
|
Unfair Dismissal - Constructive dismissal ET finding of fact, critical to conclusion on Constructive Dismissal, falling between evidence given by witnesses. Whether no evidence to support that finding (perversity); whether procedural unfairness in not giving parties an opportunity to make submissions on that possible finding of fact (procedural irregularity). Appeal dismissed.
|
Unlawful Deduction from Wages One week’s pay in hand. Whether paid. SSP whether the position on the facts was whether Miss Crittenden was owed one week’s SSP. Appeal allowed in part.
|
Unfair Dismissal - Compensation Automatically unfair dismissal; section 98A(1) ERA. Application of Polkey deduction to whole of compensatory award. 100 per cent deduction; therefore no uplift under section 31(3) EA 2002.
|
Transfer of Undertakings Where, in connection with a transfer, the transferee directs the transferor to dismiss an employee in the claim that she had previously taken the transferee to an Employment Tribunal, the employee has a claim under s104 of the Employment Rights Act 1996 against the transferee.
|
Local Authority: The Claimant was allowed to argue at trial that the local authority owed him a duty in respect of its after-care services after providing him with care in the community even though the case was fraught with difficulties because the law was still developing and the decision in Clunis v Camden and Islington HA was not the last part of that development. The Claimant was also permitted to argue that in light of Artilces 3 and 8 of the ECHR the limitation on liability under s. 117 (2 ...
|
Practice and Procedure - Striking-out/dismissal The Chairman struck out the Claimant’s claims of victimisation without formally hearing evidence. He was entitled to do so on the facts.
|
Landlord/Tenant:- In this action the pursuers were the landlords and the defenders were the tenants of premises in Edinburgh. In the past the premises were a garage and had underground storage tanks for fuel. On 30 October 2007 the pursuers advised the defenders that they wished to make investigations into the solum of the premises in order to ascertain whether there had been any contamination of it from the storage tanks. The defenders contended that the pursuers had no entitlement to carry out ...
|
Criminal Note of Appeal Against Conviction:- On 14 October 2005 the appellant was convicted of a charge of rape at Glasgow High Court. The appellant appealed against conviction on the following ground:- "That the learned judge erred in repelling the submission by the defence at the close of the evidence that the leading by the Crown of hearsay evidence in terms of section 259 of the Criminal Procedure (Scotland) Act 1995 relating to a deceased witness Joseph Robertson was unfair and in breach of ...
|
| 1 |