BN66 - the road to Judicial Review

[Emigre]

must have missed this - what are PWC doing ?? - thought their appeal had been rolled into our JR ??

PwC/Shiner has been rolled together with our JR on the specific grounds of our Human Rights claim. However, they were given the option of not attending and making representation at the JR if they so wished on grounds of costs provided they agreed to be bound by the outcome. They have taken that option.

In addition, they have a separate action running on the basis of a challenge of non-compliance with the Treaty itself. MontP did not go for this bit. Their case on this additional area is due to be heard sometime between November 2009 and the end of February 2010 but to my knowledge has not happened yet and in reality would be lucky to meet the end February target timetable.

[Emigre]

PwC have decided not to participate in our JR.

Instead they are going for a separate JR challenging the legislation under some article of the European Treaty (nothing to do with human rights). I believe they have got an oral hearing coming up shortly and if they get the go-ahead then their JR will be later in the year.

Think you got there first DR, doffs hat to God of BN66.

[bollox]

Think you got there first DR, doffs hat to God of BN66.

3 avenues of attack then (ours,PWC and Steed) ?

[DonkeyRhubarb]

3 avenues of attack then (ours,PWC and Steed) ?

Indeed. And Montpelier have got other arguments up their sleeve even if the HR challenge is unsuccessful.

I haven't heard anything about Steed's ECHR application but then I guess the european courts are even slower than ours. Perhaps it has been put on hold awaiting the outcome of our JR?

HMRC certainly opened up a massive can of worms with BN66.

[Slobbo]

So what happens to the other challenges if we win ours? Are they simply shelved?

[DonkeyRhubarb]

So what happens to the other challenges if we win ours? Are they simply shelved?

It depends. Even if we win the JR, HMRC may take it to the Court of Appeal. Beyond that, they could appeal to the Supreme Court (formerly HoL) and then ECHR.

Until s58 is reversed or set aside, I would expect all the other challenges to continue.

[BrilloPad]

As an aside did we all notice that Mal was cuk poster of the year? Presumably he created lots of sockpuppets as I was under the impression that he was as hated round cuk as he was on this thread : particularly for flaming newbies.

I propose that, to even things up, next year we all vote for DR. About time cuk had a worthy poster of the year.

[silver_lining]

PwC have decided not to participate in our JR.

Instead they are going for a separate JR challenging the legislation under some article of the European Treaty (nothing to do with human rights). I believe they have got an oral hearing coming up shortly and if they get the go-ahead then their JR will be later in the year.

hmmm interesting.... but I guess money is the obvious matter.

Why join and lose money, if you think MPs arguement has more weight... await the outcome... and review your position afterwards.

[futurecat]

As an aside did we all notice that Mal was cuk poster of the year? Presumably he created lots of sockpuppets as I was under the impression that he was as hated round cuk as he was on this thread : particularly for flaming newbies.

I propose that, to even things up, next year we all vote for DR. About time cuk had a worthy poster of the year.

Here Here!! I agree 100% (I also wanted to test out my new Avatar )

[DonkeyRhubarb]

hmmm interesting.... but I guess money is the obvious matter.

Why join and lose money, if you think MPs arguement has more weight... await the outcome... and review your position afterwards.

Yes I'm sure you've hit the nail on the head there but it works out in everyone's interests if they pursue a different line of attack.

Also, I get the impression their Barrister is not as sharp as our's, so I'm glad they have elected to stand aside from next week's proceedings.