Examples of Third FX Transaction in a sentence
The calculations undertaken by the staff member at BJB Bahamas show that CHF 64,518.89 was paid to Mr Merinson in respect of the Third FX Transaction.
The second sum was from commission earned on the Third FX Transaction.
Having reviewed the relevant evidence (including the new material), the Authority is of the view that it supports the conclusion that Mr Seiler acted recklessly in respect of the Third FX Transaction (as it is now understood by the Authority).
It was unreasonable to do so in the light of the multiple failings in the Authority’s investigation referred to above, which it did not remedy in the course of the Tribunal proceedings.(2) Further or alternatively, Mrs Whitestone contends that it was in any event unreasonable, in light of the matters referred to above, for the Authority to include the Third FX Transaction in its Statement of Case and pursue the allegations made therein in relation to the Third FX Transaction before the Tribunal.
As with those earlier FX Transactions, the Authority considers there was no proper commercial rationale for the level of commission payable to Mr Merinson and that the Third FX Transaction gave rise to the same, obvious risks as the previous transactions.
Lyster R, “The implications of electricity restructuring for a sustainable energy framework: what’s law got to do with it?” (2003) 20 EPLJ 359 at 367.
Further or alternatively, Mrs Whitestone contends that the Authority’s decision in respect of the Third FX Transaction was unreasonable, given the Tribunal’s ruling at [782-784] and [932-1023] of the ision, declining to exercise its discretion to permit this matter to be pleaded.
Although there is no documentary evidence that Mr Seiler approved the Third Commission Payment, the Authority considers that he should have taken steps to prevent the Third Commission Payment being made, given the information he had regarding the Third FX Transaction and given the risks relating to it that he must have been aware of, including as a result of the email from the JBI Line Manager sent to him the previous month which raised concerns about the relationship with Mr Merinson.
With regard to recent High Court challenges, the issues appear to have been the weight to be applied to plans (often before examination), set against the tests of the NPPF, especially where development would be suitable and sustainable.
That is the position, for example, in relation to Mrs Whitestone’s and Mr Seiler’s case in relation to the Third FX Transaction and their allegations in respect of the Authority’s failure to call relevant witnesses.