BN66 - the road to Judicial Review

[MajorGowen]

Picture the scene...

You are a crew member on the ship previously mentioned by Tax sailing peacefully across the North Atlantic. The crossing has been rather eventful as inexplicitly there was an iceberg in the middle of the ocean that your ship successfully navigated - maybe Global Warming is really happening. It is nightime and you are the only crew member on deck, the skies are clear, the sea is calm and you can see for miles. It is very tranquil.

Suddenly you hear a splash. You quickly run over towards the sound. You grab your flashlight desperately searching the sea for whatever has gone overboard. Finally you locate something moving and shine your light towards the object. Horrified you realise it is a passenger. Your flashlight locates the face and your mind tells you that you know this passenger. It is the "Honourable" Mr Timms the MP.

You freeze as you look around desperately searching for something to throw him, but your choices are limited. Your mind pushes your body into action - you know what you must do, but it has to be done quickly. Sprinting back you pass the life-ring, but continue on inside the ship, you head to wing B and a bit further find cabin N66 and open the door with your staff key. You grab the object you know you must throw Mr Timms. The object is very, very heavy and sweat pours out from you as you struggle back to the spot where Mr Timms fell overboard. Finally you are there and once again you reach for your flashlight.

It seems to take forever to locate the bobbing passenger but, after what seems an eternity the gruesome sight is located. With one last surge of effort you raise the object above your head and straining every sinew you manage to propel it towards Mr Timms. You watch as the contorted face of Mr Timms swims towards the object and are overjoyed when he reaches it. Exhilaration takes over you as you know you have done the right thing.

With a shout of "Full steam ahead" you shine your light for one final time on Mr Timms and watch as the now two bobbing heads slowly disappear from sight.

The next morning there is a role call. The captain knows from your log that Mr Timms has gone and wants to ensure that no other passengers are missing. As the ship sails peacefully on you listen contentedly as the list of names is read out.

"Wing B cabin N64, Mr DR", "Here" comes the reply.
"Wing B cabin N65, Mr SantaClaus", "Over here" comes a resigned reply as passengers giggle at the name.
"Wing B cabin N66, I can't read the name" states the captain "Does anyone know who was in B N66?"

Do YouKnowWho was is cabin N66??

[Ratican]

Directions Hearing

I'm heading down to the court now...
Emigre and I will post an update when we get back...

[DonkeyRhubarb]

I'm heading down to the court now...
Emigre and I will post an update when we get back...

We all owe you big time.

Thanks!
DR

[TheBarCapBoyz]

We eagerly await the news of tomorrows meeting...

I have a potential liability to the tune of £170K if this falls through, and now to top it off HMRC are harassing me for pennies for expenses apparently claimed incorrectly for some rental properties I have...it appears legitimately trying to secure my kids future is being penalised from every angle...its a dictatorship we live in....

Time to move to a more civalised less corrupt country....any suggestions...!!?

Two of the Barcap boys have moved to Switzerland. You keep 80% of your income (without the need of a scheme), and some of the remaining 20% can be claimed back as expenses as you are classified as overseas workers.

And of course its harder for HMRC to get their greedy mitts on your stash.

Oh, and it's a really nice country, low crime, high standard of living, etc etc.

[SantaClaus]

I'm heading down to the court now...
Emigre and I will post an update when we get back...

Many thanks Ratican!

[SantaClaus]

You are a crew member on the ship previously mentioned by Tax sailing peacefully across the North Atlantic. The crossing has been rather eventful as inexplicitly there was an iceberg in the middle of the ocean that your ship successfully navigated - maybe Global Warming is really happening. It is nightime and you are the only crew member on deck, the skies are clear, the sea is calm and you can see for miles. It is very tranquil.

Suddenly you hear a splash. You quickly run over towards the sound. You grab your flashlight desperately searching the sea for whatever has gone overboard. Finally you locate something moving and shine your light towards the object. Horrified you realise it is a passenger. Your flashlight locates the face and your mind tells you that you know this passenger. It is the "Honourable" Mr Timms the MP.

You freeze as you look around desperately searching for something to throw him, but your choices are limited. Your mind pushes your body into action - you know what you must do, but it has to be done quickly. Sprinting back you pass the life-ring, but continue on inside the ship, you head to wing B and a bit further find cabin N66 and open the door with your staff key. You grab the object you know you must throw Mr Timms. The object is very, very heavy and sweat pours out from you as you struggle back to the spot where Mr Timms fell overboard. Finally you are there and once again you reach for your flashlight.

It seems to take forever to locate the bobbing passenger but, after what seems an eternity the gruesome sight is located. With one last surge of effort you raise the object above your head and straining every sinew you manage to propel it towards Mr Timms. You watch as the contorted face of Mr Timms swims towards the object and are overjoyed when he reaches it. Exhilaration takes over you as you know you have done the right thing.

With a shout of "Full steam ahead" you shine your light for one final time on Mr Timms and watch as the now two bobbing heads slowly disappear from sight.

The next morning there is a role call. The captain knows from your log that Mr Timms has gone and wants to ensure that no other passengers are missing. As the ship sails peacefully on you listen contentedly as the list of names is read out.

"Wing B cabin N64, Mr DR", "Here" comes the reply.
"Wing B cabin N65, Mr SantaClaus", "Over here" comes a resigned reply as passengers giggle at the name.
"Wing B cabin N66, I can't read the name" states the captain "Does anyone know who was in B N66?"

Do YouKnowWho was is cabin N66??

Suddenly a giant monster emerges from Cabin N66. It's tentacles rising into the air.

Santa thinks quickly, grabs a fire extinguisher and sprays some foam into the eyes of the beast. The beast retreats backwards with a loud groan, it's slimey tentacles quivering.

To be continued....

[Slobbo]

What's the bet that if we lose the the HMRC won't allow us to set up a limited company retrospectively so that I can take advantage of the corporation tax rate.
I bet they won't allow me to retrospectively register for VAT either so I can claim the VAT back on the thousands I have spent on travel and accommodation.

Bet they won't allow us to retrospectively claim any of the other "legitimate" tax avoidance allowances either.

I love the fact that when they can benefit from tax avoidance like in the case of the sale of the HRMC properties to the Mapeley Group in Bermuda they turn a blind eye.

Is labour one step away from communism? After all, they want everyone to pay the same regardless of the effort they go to earn a little more.

I was unemployed for 7 months recently. I had to use the money I had put aside for my children's education to live. I had to borrow money from family to pay the bills but because my family were willing to help the government considered this as income so wouldn't help. I made the mistake of telling the truth about my assets so they wouldn't help me until I had no assets left. I have a offset mortgage and had to point out that the available cash is not the same as having the cash. I pointed out that they don't ask anyone else to live off the equity in their homes so why are they making me. Eventually I got something after being pushed from pillar to post for 3 months and exhausting my reserves and my nerves.

It really irks me that for well over a decade I have been paying in to the system (more than the majority) and when it comes to the time that I need the help I didn't get it.

I am sure they could save a hell of a lot more money then they will get out of us if they spent the time and effort weeding the bludgers and benefit cheats instead of persecuting the people that want to work. We work hard to better ourselves and to provide a better standard of living for our families. Many of us work away from home. Live out of suitcases and make other sacrifices to earn a little more. I for one will continue to find legal ways to pay less, not because I am greedy but because the bastards take take take then aren't there when they are supposed to be.

[Emigre]

Hearing Confirmed for 19th January

Great to catch up Ratican.

An update from Court 63.

This hearing was more about unblocking a legal procedural impasse than it was about anything else.

1. It seems that PwC (on behalf of Shiner) appealed their original case on the decision by the Court not to allow them permission to make a claim against Articles 45 and 56 of the European Treaty. In essence their claim is that these sections would render S58 incompatible such that it would need to be repealed or disregarded. On 1 September the single Court of Appeal judge referred their appeal application to a full court for an oral hearing to accept/reject an appeal on substantive grounds. This oral hearing is on the equivalent of the warning list for listing between 10 November 2009 and 10 February 2010.

2. The significance of the above is that Huitson (MontP) are not making a claim on the same grounds, only on the matter of Human Rights set out in Article 1 of the First Protocol. The judge today had to decide between all the potential outcomes in determining when to schedule our Hearing. One of the matters that moved his decsion was that it is in the "General public interest to be resolved early and widely".

3. The judge recommended a joint case between Shiner and Huitson on the HR issue. However, the Shiner team are deliberating over whether to join in or to not attend on cost grounds and to be bound by the decision. This decision has to be made to the Court by COB Friday 20th November.

4. The judge ordered that all parties (ie PwC, MontP, and HMRC) mutually exchange skeleton arguments in respect of the HR issue. This surprisingly had been resisted by PwC.

5. We met with MontP's legal team after the Hearing and they thanked the contributors on this forum for the time and effort spent obtaining information and forwarding ideas. For my part, thanks to all too. The MontP legal team were by far the most impressive team in Court today, concise and clear, and this was only the junior QC!

The hearing is set for 19th January 2010 which all parties in Court agreed is an extremely tight timetable. The Hearing will last 2 days, for Huitson alone, or 3 days for a joint hearing. A timetable was agreed between the lawyers for preparation of court bundles and challenges for evidence etc ahead of the hearing - we did not get to see it other than the bundles will be produced before Christmas and supplemented if absolutely necessary after.

The long and the short of today was an agreed date, and the possibility of two separate lines of defence (the Shiner argument in a different Court cycle).

ATB

[smalldog]

thanks Emigre, what is good is the judges opinion this needs to be resolved sooner rather than later, i.e. he doesnt like delays so I assume wont have appreciated HMRC's lacklustre timescales for tackling this.

Good to know its being attacked on two fronts, so weve got two cracks of the whip!

[Lazylobster]

Thanks for the update Emigre

LL