BN66 - the road to Judicial Review

[swede]

How long is a JR?

No date yet. I don't know about anyone else but the waiting is driving me nuts.

I suspect there is only one party which isn't as keen for this to happen.

Any idea how long a JR takes?

[Tax_shouldnt_be_taxing]

How long?

Any idea how long a JR takes?

If it's using HMRC's procedures, about 7 years

[DonkeyRhubarb]

Any idea how long a JR takes?

Usually 1 or 2 days. The Judge may hand down a ruling at the end of the hearing, although it's more usual to get the decision a few weeks later.

These are worth a read:

http://www.publiclawproject.org.uk/d...deToJRProc.pdf
http://www.pierceglynn.co.uk/resourc..._Procedure.pdf

[OnYourBikeGB]

Usually 1 or 2 days. The Judge may hand down a ruling at the end of the hearing, although it's more usual to get the decision a few weeks later.

These are worth a read:

http://www.publiclawproject.org.uk/d...deToJRProc.pdf
http://www.pierceglynn.co.uk/resourc..._Procedure.pdf

I like this bit from the first link:

Damages. Before the Human Rights Act came into force, damages were rarely awarded in judicial
review and were not available to compensate people who had unlawful decisions made against
them. Damages may now be awarded where a public body has unlawfully interfered with your
human rights.

I'm not sure what to ask for, but I'd take £200m as that seems to be the only monetary amount Hector seems to deal in.

[ROBIN REDBREAST]

Compensation....

200MM would be nice....I wonder if they can replace lost sleep....?!

I like this bit from the first link:

Damages. Before the Human Rights Act came into force, damages were rarely awarded in judicial
review and were not available to compensate people who had unlawful decisions made against
them. Damages may now be awarded where a public body has unlawfully interfered with your
human rights.

I'm not sure what to ask for, but I'd take £200m as that seems to be the only monetary amount Hector seems to deal in.

[Emigre]

Claims for damages

I like this bit from the first link:

Damages. Before the Human Rights Act came into force, damages were rarely awarded in judicial
review and were not available to compensate people who had unlawful decisions made against
them. Damages may now be awarded where a public body has unlawfully interfered with your
human rights.

I'm not sure what to ask for, but I'd take £200m as that seems to be the only monetary amount Hector seems to deal in.

The biggest difficulty here is that it would probably be necessary to prove a financial loss. Stress related payments would require evidence of attendance at the doctors, time off work etc. Can we claim for visits to those places that offer "Stress Relief"?

Best prospect would be a class action and offer HMRC a deal! However, given the duration of HMRC inactivity a claim should be made as a matter of principle - when we win!

Given that HMRC will likely appeal a loss at JR (to them) we should probably lodge any damages claim immediately following publication of the decision (if it goes our way). After all, Hector will not wait to send out more bullying letters if they win at the first round. We've been nice for too long.

Anyone know how we can get this moving?

[Emigre]

Compensation

A few things to consider, It seems that convicted drug addicts can claim for enforced cold turkey:

http://www.dailymail.co.uk/news/arti...ld-turkey.html

A useful barristers report on what may be possible...

http://www.blackstonechambers.com/ne...on_for_hr.html

It looks like any claim could only be nominal - a few thousand - but that we would need to prove deliberacy of violation.

[DonkeyRhubarb]

Someone is keeping our "friends" busy

http://www.whatdotheyknow.com/body/hmrc

[DonkeyRhubarb]

***News Flash*** - provisional date for JR

19th January 2010

This is the date the Judicial Review has been listed for hearing at the High Court. (Although it could be subject to change.)

There is a directions hearing next week where the Judge will set a timetable with deadlines for providing evidence etc. Up to now, HMRC have been dragging their heels on this front.

[swede]

Here we go....

19th January 2010

This is the date the Judicial Review has been listed for hearing at the High Court. (Although it could be subject to change.)

There is a directions hearing next week where the Judge will set a timetable with deadlines for providing evidence etc. Up to now, HMRC have been dragging their heels on this front.

Bring it on