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BN66 - the road to Judicial Review

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    Appeals

    Hi Guys,
    Thanks to DR, emigre and the countless other champs on this forum for keeping us afloat.

    I'm a very long time lurker - have a couple of years CN's and are hoping this all goes in our direction.

    Ive been talking to a lawyer friend of mine about what can happen next and she says, the judge will make his judgment but also inform the losing party of the possibility of appeal. If he informs the losing party that they shouldn't appeal it means 'they ain't got a hope in hell and its his opinion that its a waste of everyone's time' - however - if he does say 'yes - go and appeal' - then it means that while he has made judgment, there is a degree of uncertainty - in which case an appeal may resolve a different outcome. Of course the losing party can apply directly to the appeals court.

    From the appeals court it can only progress to the European courts of human rights (on a humans rights basis). If it goes that far I will be older, greyer and less happy.

    crossing fingers and toes,
    -n
    Last edited by neilson9; 25 January 2010, 13:20.

    Comment


      Originally posted by neilson9 View Post
      I'm a very long time lurker - have a couple of years CN's and are hoping this all goes in our direction.

      Ive been talking to a lawyer friend of mine about what can happen next and she says, the judge will make his judgment but also inform the losing party of the possibility of appeal. If he informs the losing party that they shouldn't appeal it means 'they ain't got a hope in hell and its his opinion that its a waste of everyone's time' - however - if he does say 'yes - go and appeal' - then it means that while he has made judgment, there is a degree of uncertainty - in which case an appeal may resolve a different outcome. Of course the losing party can apply directly to the appeals court.
      Hi and welcome to the forum.

      This is why we can't plan our next move until we get the judgement.

      I may start drafting a template letter to send to Members of Parliament, but the detail will depend on the judgement.

      Comment


        Same old, same old

        http://www.independent.co.uk/news/uk...r-1774039.html

        "...judge ruled that Customs had lied to a court and failed to disclose vital evidence."

        "Customs officials were branded "incompetent and negligent" by a judge..."

        Comment


          Originally posted by DonkeyRhubarb View Post
          http://www.independent.co.uk/news/uk...r-1774039.html

          "...judge ruled that Customs had lied to a court and failed to disclose vital evidence."

          "Customs officials were branded "incompetent and negligent" by a judge..."
          hahahaha what a bunch of muppets, wonder how much that will cost the tax payer...Seems to me there is incompetence and negligence in our case too...lets hope we can claim compensation for all the anxiety, distress, collapse of marriages, strokes etc caused by HMRC's negligence for the past 8 years...

          oh no sorry forgot we were supposed to put our live's on hold for 8 years to allow for their incompetence while they caught up....

          Comment


            Originally posted by smalldog View Post
            hahahaha what a bunch of muppets, wonder how much that will cost the tax payer...Seems to me there is incompetence and negligence in our case too...lets hope we can claim compensation for all the anxiety, distress, collapse of marriages, strokes etc caused by HMRC's negligence for the past 8 years...

            oh no sorry forgot we were supposed to put our live's on hold for 8 years to allow for their incompetence while they caught up....
            Silly you, it will cost them £200m

            Comment


              Originally posted by smalldog View Post
              hahahaha what a bunch of muppets, wonder how much that will cost the tax payer...Seems to me there is incompetence and negligence in our case too...lets hope we can claim compensation for all the anxiety, distress, collapse of marriages, strokes etc caused by HMRC's negligence for the past 8 years...

              oh no sorry forgot we were supposed to put our live's on hold for 8 years to allow for their incompetence while they caught up....
              'Bout £200M

              Comment


                Originally posted by GavM View Post
                Silly you, it will cost them £200m
                Gah!

                Comment


                  Further quotes

                  Don Mavin, a tax consultant, is representing two defendants who believe money was wrongly confiscated from them by Customs officers. He said the ramifications of the review could last years, adding: "Some of these people may have have been bankrupted or forced to sell their homes. Many will be considering compensation claims."

                  Paul Holmes, the Liberal Democrat home affairs spokesman, described the affair as "a complete farce" and added: "It is staggering to think that not only have people been jailed and lost their homes because of a law that no longer exists, but millions of pounds could end up being paid back to low-level criminals because of sheer incompetence."

                  Comment


                    Originally posted by DonkeyRhubarb View Post
                    Don Mavin, a tax consultant, is representing two defendants who believe money was wrongly confiscated from them by Customs officers. He said the ramifications of the review could last years, adding: "Some of these people may have have been bankrupted or forced to sell their homes. Many will be considering compensation claims."
                    That quote got me thinking too.

                    It's early days yet, but if we win, surely we would be seeking compensation next?
                    'Orwell's 1984 was supposed to be a warning, not an instruction manual'. -
                    Nick Pickles, director of Big Brother Watch.

                    Comment


                      Originally posted by SantaClaus View Post
                      That quote got me thinking too.

                      It's early days yet, but if we win, surely we would be seeking compensation next?
                      I just wanted to be sure we are all singing from the same songbook. Will we be seeking £200m each or between us?

                      Comment

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