BN66 - JR Judgement Day

[TheBarCapBoyz]

yes - I fear the comment doesn't really take the understanding fwd.. why did our legal team not advise us beforehand that this was not unexpected as the case needs to reach a certain level before it can realistically be expected to be given a fair hearing?

I am just concerned that even those who spoke to them seemed unaware of this prior to today, as there was so much positivity concerning the JR and the evidence. It seems that it has come down more to a case of - 'we don't care whether or not this or that happened, all we care about is whether the government are allowed to retrospectively do this under the Human Rights legislation'. Legally I am failing to see how that ruling today cannot have a large weighting on the "yes, they can" argument? Why would another court have a different opinion?

enlightenment sought..

My understanding is that it is not for the High Court to "reinterpret" law with respect to policy issues. In other words, this judge has said retrospection is not incompatible with human rights as the law stands. Higher courts though, specifically the Supreme Court, do have those powers and indeed this kind of case is precisely what the Supreme Court is for. ie to look at the wider issues.

Additionally this case has such wide reaching implications that the matter may come up for discussion again after the next election, if the Tories win.

[northernSoul]

They need to get in an appeal quickly as until they do, it doesn't look like the judge has made orders staying any execution of warrants etc. , meaning that as of 09:30 any such warrants canbe executed.


It's a very unfavourable judgment - the judge found that as legislation had been passed retrospectively before, it had a likelihood of happening again. Any aggrieved Montpelier clients might like to start perusing their introductory documentation to see if this was raised as a possibility when they signed up..

or maybe after years of litigation, another bout against Montpelier may be too much. It's a terrible strain on all concerned and there's a lot of worried people this morning. At least I thought the judge would have made staying orders against judgments but he didn't even do that

[KiwiGuy]

A Real thank you to DR

repeat my post from earlier

--------------------------------------------------------------------------------

Guys,

I think its time we say a real thank you to DR, win or lose today(or in future), DR deserves it.

SEND ME A PM and ill send details of what ive set up.



Kiwi

[Squicker]

yes - I fear the comment doesn't really take the understanding fwd.. why did our legal team not advise us beforehand that this was not unexpected as the case needs to reach a certain level before it can realistically be expected to be given a fair hearing?

I am just concerned that even those who spoke to them seemed unaware of this prior to today, as there was so much positivity concerning the JR and the evidence. It seems that it has come down more to a case of - 'we don't care whether or not this or that happened, all we care about is whether the government are allowed to retrospectively do this under the Human Rights legislation'. Legally I am failing to see how that ruling today cannot have a large weighting on the "yes, they can" argument? Why would another court have a different opinion?

enlightenment sought..

The MP commentary is fairly light in my view BUT, if they didn't have some courage in their convictions they would not be paying what are probably significant costs defending their case. They would bail on the case and say they've done all they can.

[Basher]

Please can everyone read the first post.

http://forums.contractoruk.com/accou...ement-day.html

DR / Emigre - Many thanks for the posting.

Like a lot of people affected by this injustice I do not pretend to even begin understanding the British Legal system, so this really helps in making this all a little bit more bearable.

I cannot afford to pay, its as simple as that. I didnt squander my money, nor did I save it (as I didnt think I was doing anything wrong), I simply invested most of it paying builders who were doing up my house - the same house that is now only worth 2/3rds of what it was when I when I was on the scheme and also the same house that I am unable to sell.

Thank god my kids are at the age where the only thing they have to worry about is what time Ben10 is on TV.

Best advice today is go and have a cup of tea and calm down.

However, my Tea comes in a large bottle and is made from Grapes.

[sgee]

Sounds a lot easier to goto Gibraltar and become resident there - oh no, we aren't allowed to do things like that, thats for special people! apologies. I really do fear though that this whole situation is becoming the defining issue of my life. The one that I will remember when I die, not the right ones, the family, the successes, the achievements - but this b*llsh*t. For god's sake what vengeful little armpit lurker started all this off, why are we so special compared to others that we don't just feel the weight of the system, but the full jackboot?

[TheBarCapBoyz]

Worth remembering the Arctic case as well.

They lost at the Commissioners, then they lost at the High Court.

Then they won at the Court of Appeal and that decision was upheld in the House of Lords.

It's the final round that counts not the first, or even the second.

[srhcompcon]

Worth remembering the Arctic case as well.

They lost at the Commissioners, then they lost at the High Court.

Then they won at the Court of Appeal and that decision was upheld in the House of Lords.

It's the final round that counts not the first, or even the second.

Yes, dont forget the bigger picture. It is all due process.

[sgee]

Yes - its true, just feeling a bit like the world is against us thas'all

[TheBarCapBoyz]

Yes - its true, just feeling a bit like the world is against us thas'all

Absolutely. And I'm sure it's better to be going to the Court of Appeal having won the first round rather than lost it.

Definitely first set to HMRC as it were.

New balls please.