I never sit awaiting appeal outcomes – if for no other reason than the pace with which they are progressed is far too random. So when one comes in I often can’t remember the original submissions and substantive arguments.
When todays result dropped I did expect a negative result as it predates this case.
I read the covering letter and we won 5 out of 6, the dropped one being a chancy means assessment argument in any event. Re reading the submissions it was a slightly perverse audit without the usual CLA 56 reps involved in the above mentioned case. Our first sentence gives you a flavor:
The preparation of these representations has proved difficult as the assessor is applying a fundamentally erroneous interpretation of contract.
Seemingly the ICA agreed.
This is another case where LAA management should revisit the assessment and
- Clarify guidance to its audit team
- Undertake corrective training and development with the staff involved
- Go through a lengthy self-verification exercise of all similar audits involving the same staff
Can we anticipate any of this happening? I think you know the answer.