BN66 - Time to fight back (Chapter 3)

[DonkeyRhubarb]

Just heard...

...that several of the parties (MontP, DeGraaf, PwC, KPMG) are starting to come together. Meetings are underway.

I understand that where there are multiple JR applications, the court goes with the first one and sets the others to one side. Given that MontP's was the first to be submitted, it sounds like the other parties will join forces behind MontP.

The JR may not be that far off, so perhaps it's time to start planning tactics for what we do in the event of:

a) JR going in our favour

b) JR going against us

[smalldog]

I wouldnt be surprised if the government reverse this ridiculous law before it goes to court to try and save some face....If I was a senior HMRC bod I'd be sh**ting bricks and trying to get it unwound before it becomes an embarrassment and someone senior in HMRC gets fired for spinning the government a yarn....

The time delay between them knowing and acting is totally indefensible, allowing taxpayers to continue to expose themselves to an ever increasing debt with interest due to government and HMRC incompetence. Sorry there is no valid answer or defense to that one, they're gonna lose.

[DonkeyRhubarb]

I wouldnt be surprised if the government reverse this ridiculous law before it goes to court to try and save some face....If I was a senior HMRC bod I'd be sh**ting bricks and trying to get it unwound before it becomes an embarrassment and someone senior in HMRC gets fired for spinning the government a yarn....

I can't see that happening myself. It would make them look even more stupid. If they wanted this to go away, then they could go for an out of court settlement. But I can't see them doing that either.

I don't even think they will accept the outcome of the JR if it goes against them, which is why I think we need to discuss tactics.

[poppy01]

I can't see that happening myself. It would make them look even more stupid. If they wanted this to go away, then they could go for an out of court settlement. But I can't see them doing that either.

I don't even think they will accept the outcome of the JR if it goes against them, which is why I think we need to discuss tactics.

If that was the case why would they accept the JR as reason for accepting our appeals against the closure notices. If they had no intention of honoring the courts decision they would have rejected the appeals wouldnt they. They probably dont know what they'll do...but one things certain, I wont be paying if the JR goes our way... jail me ...

[TheBarCapBoyz]

This has always been my worry. Lets suppose Montp win the JR and the legislation is deemed to be incompatible with the ECHR. So what?

The Government can just ignore the ruling.

[TheBarCapBoyz]

If that was the case why would they accept the JR as reason for accepting our appeals against the closure notices. If they had no intention of honoring the courts decision they would have rejected the appeals wouldnt they. They probably dont know what they'll do...but one things certain, I wont be paying if the JR goes our way... jail me ...

My understanding is they are legally bound to accept (ie allow a legal challenge to) any appeal. You could appeal on the grounds that the moon is made of cheese; doesn't mean HMRC agree with that. Presumably they think they'll win when it goes to court.

[BrilloPad]

...that several of the parties (MontP, DeGraaf, PwC, KPMG) are starting to come together. Meetings are underway.

I understand that where there are multiple JR applications, the court goes with the first one and sets the others to one side. Given that MontP's was the first to be submitted, it sounds like the other parties will join forces behind MontP.

The JR may not be that far off, so perhaps it's time to start planning tactics for what we do in the event of:

a) JR going in our favour

b) JR going against us

Good post!
I wonder if montp have made any plans either way?

[DonkeyRhubarb]

My understanding is they are legally bound to accept (ie allow a legal challenge to) any appeal. You could appeal on the grounds that the moon is made of cheese; doesn't mean HMRC agree with that. Presumably they think they'll win when it goes to court.

I believe this is correct. In theory, I don't think there is anything stopping HMRC proceeding to the Commissioners with our appeals but they are probably reluctant to do that in light of the JR. In any case, I'm sure the Commissioners have no shortage of other appeals to hear, and it's not like any of us are complaining about the delay!!!

[smalldog]

even if they do win it wont make any difference now. They will screw me for a couple of grand and then have to bankrupt me. Ive had 25% knocked off my property price!!!!! jeeeezz....dont really care anymore, how much worse could it be, recession, big tax bill, bankruptcy, cancer anyone?

[robinhood]

...that several of the parties (MontP, DeGraaf, PwC, KPMG) are starting to come together. Meetings are underway.

I understand that where there are multiple JR applications, the court goes with the first one and sets the others to one side. Given that MontP's was the first to be submitted, it sounds like the other parties will join forces behind MontP.

The JR may not be that far off, so perhaps it's time to start planning tactics for what we do in the event of:

a) JR going in our favour

b) JR going against us

If b) then straighforward bankruptcy for me - sell house/wife/kids/cats and guinea pigs !