We have been grappling with the issue of post CCA general findings and financial extrapolation for a long time now. We suspected a breakthrough when a Cost Committee (CC) finally got interested and insisted on skeleton arguments from both parties. A decision in that case and a Contract Review Body hearing in another should follow shortly.
Somewhat surprisingly a recent result from a CC resolutely determined both that it had jurisdiction in such matters and, substantively, that there should be no general finding and cash extrapolation in the case in question. Less surprisingly the Regional Director used her contractual powers to self certify a Point of General Principle by way of appeal against the committees decision.
The firm in question have recently received correspondence from the LSC seeking to amend contractual payments, whilst the appeal is pending, so that their contract including a recoupment will reconcile by April next year. Do they know something about the appeal we don’t?