Simon Butler Back in BASI
Simon Butler Back in BASI
Published : 01-Oct-2015 11:49
There are new developments in the complex disagreement between ski instructor Simon Butler, the French Government and BASI.
The case has become so complicated we apologise in advance for any errors in the following and would be pleased for any factual corrections to be posted below.
Readers may recall that several years ago now Mr Butler and colleagues were removed from the slopes of Megeve where Mr Butler had operate a ski school for some decades and charged with teaching without adequate qualifications.
Various court cases have followed with Mr Butler fined and threatened with imprisonment as well as banned from teaching. These court cases are ongoing and moving up through the French courts towards the European Court as part of Mr Butler's case is that his highest level BASI qualifications should allow him to teach in France under EC equal employment law.
However in a separate action Mr Butler has also been taking legal action against BASI because at one point in the past ski instructors with his high level of BASI qualifications were given a kind of waiver against needing to take the French instructor tests in any case. However for reasons unknown Mr Butler did not get his waiver when similarly qualified colleagues did, causing the current problems with the French authorities.
Mr Butler has sought compensation for his resulting loss of income snd costs of a figure in excess of £500,000 but BASI have disputed Mt Butler's position and have previously ejected him from BASI membership.
BASI's position was due to be tested in an Edinburgh court this week but shortly before the case BASI conceded that Simon Butler should not have been ejected from BASI and have reinstated his membership.
This led to online speculation that BASI were conceding everything however they have today issued a statement to its members saying that the case for compensation from them by Mr Butler will still be heard, that their legal advice is that they are correct and that even if they lose, they have insurance cover against such an eventuality (some online speculation was that losing the case would bankrupt and lead to the collapse of BASI).
The BASI statement to its members is as follows:
BASI Statement Court Action Butler v BASI
1 October 2015
Given the media speculation and social media comment in the past 24 hours, BASI is taking this opportunity to update all Members on the status of the Court Actions taken by Mr Butler against the Association.
The first legal action against BASI was lodged shortly after November 2014 and relates to the decision to terminate Simon Butler's Membership of BASI.
BASI has now revoked its decision of 1 November 2014 to terminate Simon Butler's membership. This decision was made on the basis of legal advice obtained. Accordingly, Simon remains a member of BASI. As a consequence of this decision the court action raised by Simon (in terms of which he sought suspension and interdict) has been dismissed.
The second action, a judicial review, was raised by Simon Butler against BASI earlier in 2015 is scheduled for a first hearing on 18 November 2015. BASI is maintaining its defence to this action.
Within BASI's Annual Report for 2015, there is a statement in the Financial Accounts (page 67) provided by BASI's solicitors which further clarifies BASI's position with regard to this second court action.
"The Association is currently defending a court action brought against it by a member. This action incorporates a claim for damages. The Association have received advice from Senior Counsel that their defence to this action is well founded. Further the damages aspect of the claim, as presented as at the date these accounts are signed, appears arithmetically incorrect and further, is unsubstantiated and un-vouched.
Given the existence of this court action it would be inappropriate to comment on matters in detail but we can
reference the following aspects of this damages claim. The claim exceeds £500,000 and is in respect of loss of income from teaching. It is asserted the member's loss started to accrue from February 2014 onwards (ie circa 18 months ago), that his average annual income for the 3 year period prior to February 2014 was £145,000, and that this dropped to £45,000 per year following February 2014. The Association are surprised as to the level of income it is claimed was being achieved prior to February 2014 and in any event the basis of calculation is not at all clear. " Partner. AlexGarioch. Morisons LLP
Members should also note that BASI is protected by an insurance policy from claims such as this and therefore in a 'worst case scenario' this will not negatively affect BASI as an ongoing concern or the Membership financially.
Andrew Lockerbie
Chief Executive Officer
BASI
1 October 2015
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