Originally posted by DonkeyRhubarb
View Post
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
BN66 - Round 2 (Court of Appeal)
Collapse
This topic is closed.
X
X
Collapse
Topic is closed
-
-
Originally posted by TheBarCapBoyz View PostIf HM Treasury won't release these documents under FOI, can the MontP legal team not request them given their relevence to the case?
I believe Montpelier are going to ask the court to order the disclosure of documents but this may well be declined.Comment
-
Originally posted by DonkeyRhubarb View PostUnfortunately, it's not that simple. Legal advice between a lawyer and client is protected by Legal & Professional Privilege. Some of the other documents are covered by Ministerial privilege.
I believe Montpelier are going to ask the court to order the disclosure of documents but this may well be declined.
Dictionary definition. - in accordance with the rules or standards; legitimate : the group has achieved fair and equal representation for all its members.
Just looked at the hearing notes again and this struck me. The following statement contradicts the rest of the case.
"Nor did HMRC represent, expressly or even impliedly, that legal proceedings would first be pursued before the enactment of any legislation, or that any legislation would not have retrospective effect. In so far as taxpayers may have relied upon the route previously travelled by HMRC and the legislature in Padmore, they did so at their own election and risk."
Doesn't the whole thing hinge on precedent set in previous cases? If so how can the statement that we should not have relied on precedent set by HMRC in previous legislation be right. The only thing taxpayers have is precedent because HMRC don't tell you anything until it is too late.Regards
Slobbo
"Everyone is entitled to be stupid, but some abuse the privilege."Comment
-
letter sent
Bob Stuart - Conservative Beckenham
lets hope he's more interested than the previous incumbent who couldnt give a toss as far as i could tell !Comment
-
Originally posted by Slobbo View PostJust looked at the hearing notes again and this struck me. The following statement contradicts the rest of the case.
If 3 senior judges in the Court of Appeal reach the same conclusions, then (and only then) will I start taking it seriously.
Incidentally, Montpelier are expecting the hearing to take place either in July, or after the summer recess in October.Comment
-
Originally posted by DonkeyRhubarb View PostPersonally, I'm entirely disregarding Parker's judgment.
If 3 senior judges in the Court of Appeal reach the same conclusions, then (and only then) will I start taking it seriously.
Incidentally, Montpelier are expecting the hearing to take place either in July, or after the summer recess in October.Last edited by smalldog; 26 May 2010, 11:45.Comment
-
Originally posted by DonkeyRhubarb View PostPersonally, I'm entirely disregarding Parker's judgment.
If 3 senior judges in the Court of Appeal reach the same conclusions, then (and only then) will I start taking it seriously.
Moving on.
3 senior Judges ARE capable of fair and rational judgement, as shown by the Unite appeal, however I am prepared for us losing by 2 to 1. In that way the door will still be open for the Supreme Court hearing which will open up the question of when retrospection might legally be invoked.
Ultimately Hector WILL lose this one because the justification for retrospection is so weak.
My 2 cents.
Comment
-
PwC have also been granted permission
I'm guessing that their case will be heard at the same time as our's but this has not been confirmed yet.Comment
-
Originally posted by TAF4 View Post"If the Tax Tribunal decides the case in HMRC's favour, the law entitles HMRC to collect the disputed tax at that point – even if the taxpayer is pursuing an appeal to the Upper Tribunal or Higher Courts."
I didn't realise we were so exposed!!
grey
Sorry to be so late in responding to this issue but I think I am right in saying that at the appeal, Singh (HMRC's QC) said that HMRC would not be enforcing collection until the end of the legal case which if it goes to Strasbourg could be another 4 years.
This is double edged sword, the longer to think about how to pay but possibly more interest. Hopefully as it drags on and the economy improves so will our ability to pay should it come to that.
:Comment
-
Originally posted by seadog View PostThis is double edged sword, the longer to think about how to pay but possibly more interest. Hopefully as it drags on and the economy improves so will our ability to pay should it come to that.
:
The way the pound is headed, in 4 years time the debt will be worthless anyway!!Comment
Topic is closed
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Comment