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BN66 - JR Judgement Day

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    #91
    Originally posted by macdat View Post
    So presumably now the negotiations start with HMRC with a view to somekind of deal/payment terms ?

    Will we be left to handle this on our own or will MP assist ?

    I would like to know, if a demand comes, how quickly we would have to cough up. Or does lodging an appeal, still hold the baliffs off ?

    Comment


      #92
      A piece of advice from General

      I know that everyone's gobsmacked and horrified by this.

      Take a deep breath. Do not do or say/type anything rash until you have walked away from your computer, got a cup of tea and come back again.

      I rely on the saying 'Nothing is as good or as bad as it first appears'.

      Flame away if you like - I have broad shoulders.
      "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
      - Voltaire/Benjamin Franklin/Anne Frank...

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        #93
        Ouch

        I booked a blood donor session this morning. At the moment I feel like suggesting they take the lot ! Let's hope there's still some mileage in further legal action.

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          #94
          The judgment is online:

          Huitson, R (on the application of) v Revenue and Customs [2010] EWHC 97 (Admin) (28 January 2010)

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            #95
            I dont think this is the end

            As far as I can make out psadmore was appplied retrospectively. In court it was noted that padmore doesnt apply to the scheme. So I assume there is now a different line of appeal, more time etc. but I am sure all the eggs were not in this one basket.

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              #96
              trying to be positive - there have been many cases against HMRC turned over on appeal...(haven't there?)

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                #97
                This is a f*****g conspiricy.

                I assume the next step is straight to the ECHR.

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                  #98
                  Did anyone there speak to our legal team? I assume that even if the judge won't hear an appeal we can still go to Europe if they think it's worth a go?

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                    #99
                    Everyone needs to calm down a bit. The JR was just one defence that Montp had in mind. Like IR35 when that JR was lost that was only the first line of defence.

                    All the appeals against CNs still stand so no-one is going to see bailiffs turning up any time soon.

                    I sugges we await Montps decision on what to do next.

                    Comment


                      Originally posted by cojak View Post
                      What the consequence of this statement, Chef?
                      Originally posted by Tuntun View Post
                      He then went on to say he wouldn't hear an appeal in his court.
                      looking at the following document,page 26

                      Other routes to redress
                      Given that judicial review is an option of last resort, it is important to note that there are
                      other options for people who wish to obtain redress against administrative decisions.
                      Many of these are discussed in the Department for Constitutional Affairs (DCA) Paper
                      Transforming Public Services: Complaints, Redress and Tribunals77. This research paper
                      will not explore these other options in any detail, but the DCA suggest that alternative
                      remedies include:
                      • Complaints to the decision making Department or agency;
                      • Complaints to independent complaints handlers;78
                      • Complaints to a Member of Parliament;
                      • Complaints to the Parliamentary Ombudsman
                      it seems that the judge is making clear that no appeal to his decision can be made in court and therefore it has to go higher, i.e parliament.

                      I AM NOT A LAWYER AND THE ABOVE INFORMATION MAY NOT BE WHOLLY ACCURATE IN REGARDS TO THIS PARTICULAR CASE
                      Last edited by chef; 28 January 2010, 10:41.
                      The proud owner of 125 Xeno Geek Points

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