BN66 - Time to fight back (Chapter 3)

[DonkeyRhubarb]

So given that ECHR trumps a JR, does the JR have any relevance now? If (god forbid) the JR fails, will that have an impact on the ECHR case?

Don't know. Anyone else have a view?

[TykeMerc]

If the Judicial Review finds against HMRC (which I hope for your sake and for that matter natural justice it does) I believe that it would weaken HMRC's case in the ECHR and possibly make HMRC less likely to defend the action in the ECHR.

[poppy01]

If the Judicial Review finds against HMRC (which I hope for your sake and for that matter natural justice it does) I believe that it would weaken HMRC's case in the ECHR and possibly make HMRC less likely to defend the action in the ECHR.

but such a failure wouldnt stop the ECHR case continuing. I assume we can still extend our appeals until the outcome of the ECHR case is known.

which gives us a lot more time to save , beg, borrow or steal (joking mr plod) enough to pay them in the worst case scenario.

[ContractIn]

Don't know. Anyone else have a view?

Not really, but would appear that this will stretch HMRC resource even further if they are having to prepare defences for two hearings. Which would they set priority for?


Do we know if MTM will provide support for the ECHR case?

[smalldog]

well as their entire business is in jeopardy if they dont win this I would have thought they will take it thru ECHR too

[robinhood]

well as their entire business is in jeopardy if they dont win this I would have thought they will take it thru ECHR too

Maybe - but don't think it will does us much good in the short term as I believe we would be liable to pay up if the JR fails.

[deckster]

Maybe - but don't think it will does us much good in the short term as I believe we would be liable to pay up if the JR fails.

Based on what? I'm not saying you're wrong, but it seems equally likely that the case going through the ECHR will be a good enough reason to re-suspend payments. Not that it matters, because of course we're going to win the JR

[robinhood]

Based on what? I'm not saying you're wrong, but it seems equally likely that the case going through the ECHR will be a good enough reason to re-suspend payments. Not that it matters, because of course we're going to win the JR

It depends 'whether leave to appeal' is granted. If so then payments still suspended but whether this still stretches to an appeal to the ECHR I'm not so sure - just seems unlikely that HRMC will allow us to suspend payments for a few years ! Could be wrong of course and I hope I am

[poppy01]

Since the faceless people of HMRC drink with us at this watering hole, heres my advice to you :-

The writings on the wall re this nonsense. Theres a budget coming up, drop it before the embarassment starts. ECHR concerns are enough to save face. Legislate going forward, as normal countries do, and write it off.

Oh, and drop IR35 and let us all pay a fair amount of tax as limited companies which is what we are. If we are the same as employees how come we are the first being shown the door as the recession tightens....

its because we arent employees, are we.....

[BrilloPad]

It depends 'whether leave to appeal' is granted. If so then payments still suspended but whether this still stretches to an appeal to the ECHR I'm not so sure - just seems unlikely that HRMC will allow us to suspend payments for a few years ! Could be wrong of course and I hope I am

I disagree. At their exorbitant rates of interest the longer the better for them!