Box Clever case handed back to Upper Tribunal as evidence debate continues

first_imgThe ongoing ITV vs Box Clever case has reached a new stage as the UK Court of Appeal handed back the debate to the Upper Tribunal, some 15 months after it left the court.The legal wrangling relates back to attempts by The Pensions Regulator (TPR) to issue a financial support direction (FSD) to ITV to cover the Box Clever pension scheme deficit.FSDs create a legal requirement on a company to contribute to deficit repairs within a pension scheme it has links to.The case will now be re-heard by the Upper Tribunal, which must decide if TPR and the trustees can use additional evidence submitted outside of its original FSD case, something that ITV requested be ignored. The Upper Tribunal is effectively an appeals court but does allow new evidence to be submitted as part of an ongoing case.It originally dismissed ITV’s protests over the new evidence, but the Court of Appeal has now requested the court re-examine the case from scratch.The Court of Appeal did not accept ITV’s request to have new evidence struck from the case, but, when referring the case back to the Upper Tribunal, it asked it to consider why additional evidence was submitted late on in the litigation.Hogan Lovells, the law firm representing ITV, said the judgment showed its questions regarding the late-stage submission of TPR’s evidence was important, and that it should not be approached on a “simplistic” basis.Angela Dimsdale Gill, the litigation partner for Hogan Lovells, said it welcomed the guidance from the Courts, as clarity was necessary for TPR, and others, over what the regulator can and cannot do.“The fact it is not to be taken as a given that the regulator can change its case whenever it pleases – as contended by the regulator – means it would do well to determine at the outset what the justification for its regulatory action is, since it will by no means be certain it will be able to change horses later on,” she added.A spokeswoman for TPR said: “The regulator is pleased the Court of Appeal has rejected the test advocated by ITV and that it has adopted a broad discretionary test, following arguments advanced by the regulator and trustees.”The case refers back to September 2011 when TPR issued a warning notice to ITV regarding the potential of an FSD. The regulator’s Determinations Panel decided to follow through three months later.ITV referred the £62m challenge from TPR and the trustees for Box Clever to the Upper Tribunal, where both parties made cases based on the evidence used within the FSD determination.However, in a second round of evidence, TPR amended its case, making different allegations against ITV over its funding for the Box Clever scheme, at which point ITV requested the new evidence be ignored.The Upper Tribunal rejected this appeal in December 2013 before ITV took the request to the Court of Appeal, which ruled this week.Dimsdale Gill said the next chapters of the case could prove significant for the pensions and business community – in a variety of ways, it would “test the threshold of the regulator’s powers”.It is likely the retrospective application of legislation will remain a key part of the case, given the power to issue FSDs did not exist until 2005, some two years after Box Clever’s failure and five after it was created.Box Clever was a joint venture set up in 2000 by Granada (now ITV) and Thorn TV, and included the creation of the pension scheme for transferred and new employees.The company failed in 2003, leaving a pension scheme deficit of around £60m (€82m).However, ITV said it never had any involvement in the scheme and oversaw no increase it its shortfall.Some 11 years after the failure of the firm, the Box Clever scheme entered PPF assessment in late 2014.last_img read more

IUEM Picks iXblue Subsea Solution for Geodetic Project Off Sicily

first_imgiXblue has been selected by the European Institute for Marine Studies (IUEM) to provide 8 Canopus LBL transponders for a major geodetic mission off the coast of Sicily. Deployed on the seabed, 2,500 meters below the surface, the Canopus transponders will measure the crustal deformation along the North-South Alfeo faults with a millimeter-scale resolution over the course of 4 years.Hubert Pelletier, Head of iXblue Acoustic division, said: “The fact that the IUEM, a long-standing partner of iXblue, trusts our new Canopus transponders for this challenging project is a big vote of confidence. Because the Canopus transponders precisely meet the exacting requirements of such a long-term subsea project, iXblue was chosen to provide autonomous and continuous monitoring of the movements of the tectonic plates along a 2 kilometers segment of the North-South Alfeo faults. “Installed on the seafloor along the faults, the transponders will measure, over the course of 4 years, the acoustic distance travel-time from one transponder to another to precisely determine their accurate distance. Thanks to those measurements, the IUEM will then be able to better characterize the way the fault behaves and will gain valuable insight into seismic risks,” explained Pelletier.“We needed a highly accurate and reliable system able to provide precise measurements over many years,” stated Jean-Yves Royer, in charge of the project at the IUEM. “The autonomy provided by the Canopus transponder, along with its ease-of-use and the availability of the iXblue teams during the tests phase were decisive factors in our choice of transponders for this major project.”last_img read more

Court junks PECO’s motion for reconsideration anew

first_imgThe properties were assessed to have a cumulative worth of P217.940 million. These include the Baldoza-La Paz substation; the General Luna substation; the Tabuc Suba, Jaro substation; the Bolilao, Mandurriao substation; and the Avancena Street, Molo substation. PECO went to the Court of Appeals (CA) twice for a temporary restraining order (TRO) to stop the expropriation case in the Iloilo RTC. After the implementation of the writ of possession, PECO then filed a supplemental petition with the CA asking that PECO be returned to possession with a status quo ante order, which was also denied. “Defendant PECO, in fact, had resorted to other legal remedies to question the said action of the court but as of this writing, there is no order from the higher court to rule otherwise. Wherefore, finding no cogent reason to set aside or disturb its earlier order, the motion for reconsideration is denied,” it added. In a March 5, 2020 order, the Energy Regulatory Commission revoked the company’s certificate of public convenience and necessity./PN PECO then went to the CA for the third time for a TRO to stop the implementation of the writ of possession issued by the Iloilo RTC, but was denied. The Iloilo RTC earlier ordered the sheriff to place MORE Electric Power Corporation (MORE Power) in possession of PECO properties identified for expropriation.center_img To recall, the franchise of PECO – previously the sole operator in Iloilo City – expired on Jan. 19. ILOILO City – A regional trial court (RTC) here has dismissed the motion for reconsideration filed by Panay Electric Co. (PECO) on the court’s earlier decision against the company. RTC Branch 23 Judge Emerald Requina-Contreras reiterated that PECO has no more franchise to operate as power distributor for Iloilo City. The CA rejected its argument which cited constitutionality issues as a valid reason to stop the expropriation case. “Defendant PECO should know this better as this has been what they have been invoking and the very reason why the court crafted the addendum,” the decision read.last_img read more

Betty I. Barton

first_imgBetty I. Barton, 82 of Milan passed away Saturday August 12, 2017 at Ripley Crossing. Betty was born Tuesday October 16, 1934 in Dearborn County the daughter of Walter and Crystal (Gosney) Hoppmire. She married Estel Barton November 22, 1958 and he preceded her in death February 15, 2015.She was a member of Pierceville United Methodist Church, and the Ripley County 4-H for almost 40 years. Betty was a homemaker and a caregiver. She enjoyed going to church, going out to eat and spending time with her family.Betty is survived by son: Donald (Kim) Barton of Milan; daughters: Berna (Roy) Meyer of Batesville, informally adopted daughter: Kim Yount of Ky; sister: June (Olus) Dixon of Milan. 6 Grandchildren, 6 Great-Grandchildren. She was preceded in death by her parents, husband Estel Barton and one daughter: Barbara Jean Barton.Funeral services will be 11AM Wednesday August 16, 2017 at Laws-Carr-Moore Funeral Home with Pastor Jack Bible and Pastor Harris Long officiating.  Burial will follow in St. Paul Lutheran Cemetery north of Milan. Visitation will be Tuesday 5-8PM also at the funeral home. Memorials may be made to Pierceville United Methodist Church, Ripley County 4-H and Milan Food Pantry. Go to to leave an online condolence message for the family.  Laws-Carr-Moore Funeral Home, Milan entrusted with arrangements. (812) 654- 2141. 707 South Main St. Box 243 Milan, In 47031.last_img read more

INDOT ready for March winter weather event

first_imgAurora, In. — The Indiana Department of Transportation spent Wednesday pretreating highways in preparation for the potential of 1-3 inches of snow expected to impact Southeast Indiana beginning Thursday afternoon through Friday morning.Drivers will be on patrol across the region beginning about 2 p.m. Thursday to plow snow and treat roads with salt until conditions improve.Motorists should remember to slow down when driving in winter weather conditions. Leave early, expect delays, and allow more time to reach your destination. Be on the lookout for INDOT yellow trucks and give plow truck drivers plenty of room to complete their routes.last_img

EPL: Norwich ambush Red Devils

first_imgRelatedPosts Ighalo: My best moment as ‘Red Devil’ EPL: Crystal Palace stun sloppy Man U EPL: Red Devils attack Palace Norwich City vs. Man UVenue: Carrow RoadKick off: 5:30PMNorwich City welcome Manchester United to Carrow Road in the Premier League this afternoon knowing that they can cause an upset against the Red Devils.The Canaries will head into the game feeling that they have nothing to lose against an Ole Gunnar Solskjaer side that is seriously struggling to create chances.Daniel Farke’s side only need to look at how they overcame Manchester City for when it comes preparing themselves for this meeting with the Red Devils.That 3-2 win over Pep Guardiola’s side was essentially hallmarked by the dual principles of staying incredibly tight as a defensive unit and, when the time was right, springing the trap on their opponents whenever the ball was lost high up the pitch.Against a team that is likely to dominate the ball, Norwich will know that patient defending ultimately leads to gaps developing in behind – a blueprint laid down perfectly by Newcastle United earlier this month.While United have spent this week preparing for a trip to Serbia in the Europa League, Norwich have been able to enjoy a full week on the training ground to fine tune their counter-attacking game plan.However, despite their heroics against the Premier League champions, Norwich have largely failed to demonstrate a capacity to snatch results against teams around them, with the East Anglia side currently in 19th position after managing just two wins since August.A 5-1 defeat to Aston Villa in their last home game, along with defeats at Burnley and Crystal Palace, illustrates how Farke’s ambitious style, which revolves strongly around quickly playing out from the back, can often leave Norwich in perilous defensive positions at various points during games.For a team battling relegation, adopting such an expansive style can be risky and lead to doubts among figures in the dressing room – something which may well become the case as the season goes on.However, the prospect of facing United, a team that struggles when they have to dictate proceedings, gives Norwich a superb chance to rekindle the spirit that underpinned their performance against the Premier League champions last month.United finally won an away game at the 12th time of asking against Partizan on Thursday night, with Anthony Martial marking a return to action by scoring from the spot.Incredibly, that was the first away win since Solskjaer was appointed permanent manager in March and just the club’s fourth win inside 90 minutes since April.These facts serve to contextualise what was, despite the positive result, another performance devoid of perceptible strategy or conviction in Belgrade, with United not managing one shot on target from open play.While United’s defence has improved in the wake of Aaron Wan-Bissaka and Harry Maguire joining the club – they have five clean sheets this season – their potency going forward is virtually non-existent.Specifically, the Red Devils look deeply lost whenever presented with an opponent that decides to park men behind the ball and minimise space – a move employed by virtually every opponent and one that strips Solskjaer’s players of their natural predilection for hitting teams at pace.In their last 19 games in all competitions, United have managed to score more than one goal in a game on just one occasion – a 4-0 win over Chelsea on the opening day of the season, which now seems like a truly random anomaly.This problem is something that Solskjaer must address if he is to encounter long-term success at Old Trafford, and especially if United are to claim three points this afternoon against a side which will have no problems with keeping tight and waiting for their moment to break.Perhaps the Norwegian’s recent decision to make a switch to three at the back, with Martial and Marcus Rashford attacking down the middle, could stimulate a change of attacking fortunes against Norwich today. Norwich City possible XI: Krul, Aarons, Amadou, Srbeny, Lewis, Tettey, Leitner, McLean, Buendia, Cantwell, Pukki.Man U possible XI: De Gea, Wan-Bissaka, Rojo, Maguire, Lindelof, Young, McTominay, Fred, Pereira, Martial, Rashford.Tags: Manchester UnitedOle Gunnar Solskjaerlast_img read more

Pardew at Newcastle for the long haul

first_imgAlan Pardew has insisted he never considered walking away from his job as Newcastle manager amid the furore over Joe Kinnear’s return to the club. “A lot of adulation came our way and we had some fantastic performances, and the momentum was with us. “Last year, I couldn’t have had any more turmoil put in front of me with injuries and the Europa League, but I think I showed the fans that I am resilient.” The Magpies eventually limped over the finish line in 16th place, a far cry from the situation 12 months earlier when they were in the race for Champions League qualification until the final few weeks of the campaign. But Pardew toughed it out and despite having Kinnear parachuted in above him, he is confident things will be better this time around. He said: “I’d like to think through all of the adversity last year, I tried to carry the club with a bit of respect. I didn’t lose my control or lose my temper with the players – or the press. “Those qualities will serve me better this year. Hopefully we will have a more successful season.” Press Associationcenter_img The 51-year-old found himself under pressure as last season drew to a close with his side having managed to drag themselves out of relegation trouble. However, while Kinnear’s installation as director of football undermined him in the eyes of many, Pardew remains unbowed in his determination to turn things around. He told the Chronicle: “I won’t run away. I won’t hide. When we finished fifth, I didn’t have to show too many sides of my character because the team was doing well. last_img read more

Strong boxing team named for Caribbean Championships

first_img-Ninvalle says participation depends on fundingTHE GUYANA Boxing Association (GBA) has named its largest boxing team, in decades, to the Caribbean Championships, but president of the local body, Steve Ninvalle said that participation this year would depend heavily on government support.Guyana has been a dominant force in the regional competition and is hoping to travel with some 21 boxers and four officials for the December 4-9 regional meet in Trinidad.According to Ninvalle, approximately $5M is needed to carry the entire team.To this end, the GBA president is hoping for some assistance from the government.In 2016, Ninvalle and his team of executive members embarked on a 100-mile walk to raise funds for the national team, which took part in the Caribbean Development Tournament in Barbados.Light heavyweight champion, Dennis Thomas (left) and Markember Pierre were also selected.At that tournament, the boxers won 10 gold, 1 silver and the Caribbean title.The boxing association is hoping to make the needed funds this time around, because this year it is imperative to send a large team, since a few Spanish-speaking countries have been invited to the championship, including powerhouse Cuba, which has produced several World and Olympic champions.Venezuela, Puerto Rico and The Dominican Republic are also expected to field boxers for the event.Amongst the 21 boxers, several of them are former and current regional champions.Caribbean Lightweight champion Keevin “Lightning” Allicock will spearhead the side, which also includes Caribbean Middleweight champion “Dynamic” Desmond Amsterdam, former Lightweight Champion Colin “Superman” Lewis and former Middleweight silver medallist, Dennis Thomas.Ninvalle, however, pointed out that their participation would depend on their availability.The other boxers selected are: Youths: Mark Crawford (Lightweight–60 Kg), Richard Howard (Bantamweight–56 Kg), Abiola Jackman (Welterweight—69 Kg), Alex Butcher (Junior Welterweight–63 Kg), Emanuel Pompey (Middleweight—-75 Kg), Patrick Harvey (Lightweight–60 Kg Junior), Kevon Mullin (Welterweight—69 Kg) and Alesha Jackman.In the Elite Junior Flyweight (49 Kg), Quacy Abrams (National champion) and Richard Subratee (Runner-Up) were selected.In the Flyweight (52 Kg), Seon Griffith is the lone boxer. In the Bantamweight (56 Kg), champion Julius Kesney and runner-up Asheer Al Azeem were selected, while Teusimar Peters will join Allicock in the featherweight 57kg category.Best boxer Elite at the recently concluded National Open, Clairmont Gibson in the Lightweight–60kg, runner-up Delroy Fordyce and Shemar Halley (standby) were selected; so too were Lewis and Dewani Lampkin in the Lightweight 63kg division.In the Junior Welterweight (64kg) division, Orlando Grenville was selected, while Kevin McKenzie (champion) and runner-up Cranston McAllister would join Amsterdam in the welterweight 69Kg.Meanwhile, Aluko Bess (runner-up in the Middleweight), is also set to travel. Light heavyweight champion Thomas and runners-up Markember Pierre will join him.Daren France and Omar Sukhdeo (first and second in the 91kg heavyweight) as well as super-heavyweight boxers Kevin Hunte (champion) and Anthonio Williams (runner-up), were also selected with Steven Chan as standby.last_img read more

Soccer heads to PSU with chance for Big Ten title

first_imgSenior Scott Lorenz will look to lead the Badgers to a Big Ten championship.[/media-credit]With a chance to win the regular season Big Ten title, everything is on the line for the Wisconsin men’s soccer team as it prepares to go to University Park to face Penn State (9-5-2) Saturday.“It’s a huge game for us,” senior Scott Lorenz said. “One of our preseason goals was to give ourselves a chance to win the Big Ten in the regular season, and to have this one play out until the end of the regular season is a big step for us. We are really looking forward to it.”With just one conference game remaining in regular season play, five Big Ten teams are separated by just half a game in conference records.Lorenz, who scored the game-winning goal in overtime against Michigan State Oct. 11 to send the Badgers (6-7-2) on their 3-1 stretch since, acknowledged the excitement that comes with such a close contest as the season wraps up.“It’s real exciting to be in a real tight race at the end of the year,” Lorenz said. “To have things in your own destiny and be able to play that out is something you always look forward to.”UW, which is 3-2 in conference play, has improved throughout the season and hopes to compete at its highest level in this tightly contested end-of-season run.“I just want us to be playing our best come this time of the year,” UW head coach Todd Yeagely said. “When you play toward your potential, your opportunity for positive results is there.”Rather than dwelling on the team’s failures against NIU, Yeagley emphasized that the team is still in great position and excited about the opportunity to clinch the Big Ten regular season title with a win Saturday and some help from Northwestern.Along with a Badger win over Penn State, UW needs Northwestern to tie or lose one of its final two conference games.“We didn’t play that well [Wednesday night], but we certainly didn’t take too many steps backward,” Yeagley said. “We have a lot of momentum going right now, and I think this group is really dedicated to getting back on track on Saturday.”According to Lorenz, though, focus should not be an issue for Saturday’s game, recognizing that the whole team knows what is at stake.“(In terms of the) team staying focused, we didn’t have the best game yesterday,” he said. “But everyone knows what’s on the line for Saturday, and I don’t think there will be a focus issue at all.”Lorenz, who has seen both the good and bad with Wisconsin, playing all but 11 minutes thus far this season, reiterated a similar feeling of focusing on the situation at hand rather than dwelling on the past.“It was kind of a ‘forget and move on’ attitude (after the NIU game),” Lorenz said. “We didn’t play well, and we know we didn’t play well. We got an unfortunate bounce for their goal and we’ll learn from it, fix that mistake and just try to move on, because we know that big things lie ahead.”To refrain from falling victim to a similar outcome against Penn State, the team must be more aggressive on defense and try to get more goal-scoring opportunities offensively.“We have got to create more chances (against Penn State) — I don’t think we created enough chances [Wednesday],” Lorenz said. “We are going to come out and play real aggressive, force the game on them, and open it up, because at this point, we have nothing to lose and everything to gain.”Penn State ranks first in the Big Ten in shots and goals per game, while being tied for goals allowed and shutouts defensively.Senior forward Jason Yeisley — the team captain and All-American candidate — has led the team offensively, scoring eight goals and 20 total points.“[The Nittany Lions] are having a great year,” Lorenz said. “I think Jason Yeisley coming back for the team this year is a big boost for them. I think they have rallied around it, and their team has just kind of been hot all year.“We know they are going to be a tough opponent,” he continued. “They always have been, regardless of their record the past couple of years. It is still a Big Ten game — we have got to come out and they have got to play.”The team has high expectations for its final conference game of the year as the Badgers try to solidify their spot as the No. 1 team in the Big Ten Tournament.“The expectation is a win, nothing short of [one],” Lorenz said. “We have put ourselves in this position and we are not going to go out there and pray for a tie or hope something flies our way — we are going to do everything we can in our power to get the victory.”last_img read more

Gattuso eyes coaching career

first_imgGennaro Gattuso wants to be a coach after his professional career and dismissed links to a move back to AC Milan.The 34-year-old joined Swiss side Sion in the off-season after deciding to call time on his 13-year association with Milan.But despite having enjoyed an exceptional career at his former club, he has no interest in returning and hopes to soon begin working on his badges.“A return to Milan? I certainly won’t abandon this ship,” Gattuso told reporters.“I gave my word to Sion officials when I came here.“I hope to begin a cycle at this club and I don’t harbour any nostalgia for home. Switzerland has, after all, a high quality of life. “It is my objective to become a coach, but only in the future.”During his career, Gattuso won the Champions League two times with Milan and the World Cup 2006 with Italy.last_img read more