BN66 - JR Judgement Day

[elpinar]

So presumably now the negotiations start with HMRC with a view to somekind of deal/payment terms ?

cant imagine any negotiation will be offered - would you if it were the other way round ? they will see themselvese as home and dry - if they were going to do deals they would have done them before the case or judegement

[ContractIn]

I am stunned by the utter injustice of it. Cannot believe it!

How soon before we can expect anything from MTM?

On current comms a min of 3 months, but they best get behind us and advise on next steps pretty damn soon otherwise will be feeling the wrath of many I'm sure.

I'm guessing straight to europe?

[TheBarCapBoyz]

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

Yes, Arctic Systems lost originally when s660 was retrospectively "clarified" but eventually won on appeal in the House of Lords.

This aint over yet chaps.

[KiwiGuy]

I love this bit

"
I note that, according to the evidence in this claim, HMRC intends to take into account financial hardship to taxpayers before seeking to enforce demands for tax and interest under section 58(4) in respect of past periods. "

Yeah right, they dont give a flying ****

bring on the next fight

[Redferret]

Unbelievable

I am totally shocked.........and shaking like a leaf!!!

Thank you DR, Santa, TSBT, BP etc and everyone else that has worked hard for us all.

My life is pretty much ruined.......

[robinhood]

A written appeal will be made (within the next 2 weeks). If this fails an oral one will be made. If successful expect 9-12 month wait for this to be heard.
According to Elvin we have a fighting chance of being successful

[swede]

I am totally shocked.........and shaking like a leaf!!!

Thank you DR, Santa, TSBT, BP etc and everyone else that has worked hard for us all.

My life is pretty much ruined.......

i hear you....

my wife is actually taking this better than I am....

[suityou01]

This is a frightening precedent.

I wonder if the MP expenses scandal went back 7 years.

[bananarepublic]

Judgement is pretty damning ...

I've had a quick scan of the judgement and it looks pretty damning -

1) Application of Padmore - "Parliament had legislated with retrospective effect put taxpayers and their advisers on notice that it might well do so again"

2) "Furthermore, taxpayers were not themselves powerless to bring the issue to a head if they so chose" - didn't have to wait until HMRC brought proceedings.

3) re 2) "There were perhaps tactical advantages perceived by taxpayers in not pursuing such a course". Who gained advantage from this - certainly not me - I left the scheme in 2005?

Doesn't look good for grounds to appeal....

[PlaneSailing]

Not time to panic

I was there this morning and we all had a good chat
with the MP brief.

Apparently it's usual for the Judge to refuse appeal in this sort of
case. What happens now is that the legal team need to apply
to the Court of Appeal for permission to have a hearing. This
application needs to happen in the next 28 days.

Because the judgement is based on 'policy' it may well go up to
the Supreme Court (which replaced the House of Lords as the
highest court in the land) as this is the correct place for 'policy'
decisions to be made.

The brief said to would have been a 'seismic' decision if this had
gone our way, and he wasn't surprised at the outcome.

I must admit though, the judgement doesn't make for very good reading.