Construction Industry Training Board, R (on the application of) v Scalegold Joinery Ltd

Construction Industry Training Board, R (on the application of) v Scalegold Joinery Ltd

The Tribunal's decision can fairly be read as finding that Scalegold's activities were automated within the meaning of the statutory exception, and there was evidential material to support this; therefore, the appeal is dismissed.

Source-derived case information.

Parties
Claimant: Construction Industry Training Board; Defendant: Scalegold Joinery Limited
Jurisdiction
England and Wales
Judgment Date
09 March 2004
Procedural Posture
Judicial Review / Appeal From Employment Tribunal to High Court
Outcome
Appeal dismissed
Legal Topics
Industrial Training Levy, Statutory Interpretation, Scope of Construction Industry, Automated Manufacturing Exception
Administrative Law Employment Law Industrial Training Levy Statutory Interpretation Scope of Construction Industry Automated Manufacturing Exception

Source-derived case record

Summary, issues, holding and outcome

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Parties

Construction Industry Training Board

Claimant

Scalegold Joinery Limited

Defendant

Procedural Posture

Judicial Review / Appeal From Employment Tribunal to High Court

Legal Issues

  1. 1 Whether Scalegold Joinery Limited's activities fall within the scope of the construction industry for the purposes of the Industrial Training Levy
  2. 2 Whether the exception for automated off-site manufacture applies to exempt Scalegold from the levy
  3. 3 Proper interpretation of the relevant statutory instruments and their exceptions

Ratio Decidendi

The Tribunal's decision can fairly be read as finding that Scalegold's activities were automated within the meaning of the statutory exception, and there was evidential material to support this; therefore, the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal by Construction Industry Training Board dismissed
  • No permission to appeal granted; further appeal would require application to the Court of Appeal