19 Mar 2019
The court will not validate payments of disputed commission debts between the company and its directors in the absence of evidence of urgency; the legitimacy of those commissions is a substantive issue to be determined in the winding-up petition on proper evidence.
9 Apr 2014
Leave to appeal refused because the applicant failed to demonstrate any arguable legal error or that the tribunal exceeded its jurisdiction; the tribunal’s factual findings on roster/entry records, leave, commission payments and the reasons for dismissal were adequately supported by evidence and therefore not susceptible to overturn on a permission application.
30 Dec 2011
The factual findings established the claimant was an independent consultant paid commission with advance payments forming part of that commission, the consultancy was terminated in September 2008, the claimant had been paid in excess of any commission entitlement, and there was no arguable point of law; accordingly the application for leave to appeal was dismissed and the Labour Tribunal had no jurisdiction over the tort claim absent an employment contract.
5 Sept 2003
Leave to appeal to the Court of Appeal requires demonstration of a question of law of general public importance; the claimant had not yet established that requirement on the material before the court, so the Court adjourned the application to enable the claimant to obtain representation and clarify the precise question of law of general public importance before re-listing the renewed application.