BN66 - Round 2 (Court of Appeal)

[Toocan]

Its also the reason we are screwed imo.

It seems HMRC can now act on illegally obtained information. Now, if the police obtain a gun by illegal means that is linked to a criminal, Im pretty certain that evidence ie the gun, would be ruled as inadmissable because the police didnt have a search warrant or obtained the evidence illegally.

These tend to be cases of evasion - ie people did not declare these accounts to HMRC.

Our scheme was not evasion. And notice that even now, after s.58 FA2008 they are still not attempting to apply any penalty to us. It's rather curious because if I declared my income and did not pay any of the "tax due" for EIGHT years than I suspect that HMRC would be looking to impose penalties.

[SantaClaus]

I find this bit interesting:

"HSBC fired the employee and the Swiss authorities are pursuing criminal action against him but cannot extradite him from France for legal reasons."

Yet, HMRC have cross border agreements with other European countries and can pursue us for tax abroad.

Something doesnt add up.

[OnYourBikeGB]

Not exactly a glowing remark from Mummery though

"'It is a surprising outcome which decent lawabiding citizens will find incomprehensible: a public authority, deceived into granting planning permission by a dishonest planning application, can be required by law to issue an official certificate to the culprit consolidating the fruits of the fraud.'"

Looks like he was trying to find a way to go in the favour of the council, but couldn't find a legal basis for it.

True, but at the least he accepted he was bound by the letter of the law. Parker squirmed out of it by coming up with new concepts. He's put aside his indignation. Hopefully, even if we lose, he will point out some weaknesses. And that's ammo for round 3, should we need it.

[swede]

The judges assigned to our case are listed here:

Case Tracker for Civil Appeals

LORD JUSTICE MUMMERY
LADY JUSTICE SMITH
LORD JUSTICE TOMLINSON

You can find short biogs on all the CoA judges here:

Info about - Court of Appeal Civil division - the court of appeal

EDIT

Mummery is the most senior, followed by Smith, then Tomlinson who was promoted to the CoA this year.

Thanks DR.

[MrX]

A HMRC spokesman said: "The days of hiding money offshore to evade tax are now over.".

It seems to me that the days of declaring all of your money to legally avoid paying too much tax are also over.

[DonkeyRhubarb]

I've done a bit of research on the 3 judges, especially Mummery who is the most senior, and I can't find anything which would make me seriously question their impartiality. (The Judiciary as a whole may have a bias towards the State but that's a different matter altogether.)

Incidentally, Lady Justice Smith is very experienced too - she chaired the Shipman Inquiry.

We may not get the result we want but I don't think we can blame the judges in hindsight.

[Fireship]

Not exactly a glowing remark from Mummery though

"'It is a surprising outcome which decent lawabiding citizens will find incomprehensible: a public authority, deceived into granting planning permission by a dishonest planning application, can be required by law to issue an official certificate to the culprit consolidating the fruits of the fraud.'"

Looks like he was trying to find a way to go in the favour of the council, but couldn't find a legal basis for it.

But that can only be a good thing, regardless of his personal feelings he still stuck to the letter of the law and made the ruling nonetheless!!

[smalldog]

I've done a bit of research on the 3 judges, especially Mummery who is the most senior, and I can't find anything which would make me seriously question their impartiality. (The Judiciary as a whole may have a bias towards the State but that's a different matter altogether.)

Incidentally, Lady Justice Smith is very experienced too - she chaired the Shipman Inquiry.

We may not get the result we want but I don't think we can blame the judges in hindsight.

cheer up DR, I know you are trying to set the bar low just in case but thats setting it subterranean

[DonkeyRhubarb]

[/B]

cheer up DR, I know you are trying to set the bar low just in case but thats setting it subterranean

Sorry, I didn't mean to put a downer on things.

The only point I was trying to make is that there doesn't appear to be anything obvious, regarding these 3 judges, to suggest that we won't get a fair & balanced hearing.

[Ninja]

Fairness

Sorry, I didn't mean to put a downer on things.

The only point I was trying to make is that there doesn't appear to be anything obvious, regarding these 3 judges, to suggest that we won't get a fair & balanced hearing.

It's about time that we do get a 'fair' hearing & a 'fair' result. Unlike that bent b*stard Parker