BN66 - Round 2 (Court of Appeal)

[ContractIn]

DR, I will continue fighting this until I am dead. How's that for commitment?

I'm certainly in this until the bitter end. Behind MontP and hope to god they honour their commitment. Not going over old ground but feel that Montp owe this to me and many others.

[OnYourBikeGB]

A policy decision was taken.



I thought scheme worked until i received opinion from David Milne QC. I wanted an opinion from an eminent tax barrister not a "Junior" Barrister. It is notable that Montpelier never backed up their "junior" barrister opinion with an opinion from a QC. I wonder why !.



You are absolutely right. All i was trying to say that you are wrong to direct 100% of blame at HMRC. Furthermore i am defending my decision to negotiate a settlement with HMRC. I was the only non-HMRC person present at the negotiation meetings and therefore i am the only person outside of HMRC who knows the position of HMRC at that time. AND at that time a settlement was the right thing to do.

Ok - first up - please expand on 'On a policy decision was taken'. Are you saying you/they knew and deliberately decided not to tell us? I am pretty certain, and feel free to correct me, that I was told that tax legislation cannot be retrospective at the meeting. Hence, once we got outside of the 1 year boundary, that was it. Are you saying that you misled us?

Second - When I met you, you said that the opinion you had recieved never left your side, it was so important, from an eminent tax barrister etc etc. Now you are saying he was a 'junior'? How junior is junior, because at the time he was a leading barrister, or so we were told.

Do you believe that the other companies who sold the scheme did not get legal opinions? I'd find it hard to believe that legal opinion was not sought that sufficiently protected their clients. HMRC seem to have gathered a number of opinions, yet they are only quoting Milne. Like DR, I strongly suspect that they are only quoting the opnion that falls must clearly on their side, why would they do otherwise. At best, Milne's opinion is just that, an opinion. There appear to be plenty of conflicting views. Milne's is only one.

Lastly, if you believe that we were misled, and therfore by inference, you yourself misled us, why should we believe you now?

[RockTheBoat]

Personally, I'm 100% committed to fighting on no matter what happens.

How does everyone else feel?

Im in it to win it, whatever it takes.

To be honest, I think there are too many of us speculating on what might or might not happen without any facts or events to back them up.
1. MP have honoured their commitment so far, and so until they dont its us (MP and the BN66ers) vs. Thugs inc. (HMRC)

2. MP pulling out of the Anti Avoidance mkt for now makes perfect business sense. The current gov plan to implement general anti avoidance legislation soon anyway, and esp as 95% of Mont P's biz is normal accounting and non-aggressive tax plannng, its no big issue. The fact that they wont be offering anything new should have no bearing on their support for past and current clients\schemes. Again, until they say or do otherwise, its business as usual

so, everyone, chin up or I will be forced to bring out my Churchill "We will fight them on the beaches" speech

[DonkeyRhubarb]

Poll

I have created a stawpoll to guage the strength of feeling.

http://forums.contractoruk.com/accou...surrender.html

[MajorGowen]

Off Topic - Sorry...

I know this is off topic and possibly not the right place, but does anyone know of a company looking for an Oracle DBA in London or the South East. Experienced Oracle DBA/Apps DBA with RAC, etc (plug plug). The bean counters at IBM have just shot me down

Back on topic, am I willing to fight this to the bitter end - Yes !!

One other thing - all the comments about the other legal opinions that were gathered - I hope our Barrister raised all this during the court proceedings.

And another thing - Alan Jones - GO AWAY YOU SPITEFUL LITTLE MAN !!!

[Taffia]

I have created a stawpoll to guage the strength of feeling.

http://forums.contractoruk.com/accou...surrender.html

Count me in.

[OnYourBikeGB]

Count me in.

I'm in until the end. There's no reason I can think of not to be. If you have the money you can make as much as the interest being charged, if you treat it wisely, and it's compound. You'll never get it back if you pay now, win later. If you don't have the money, there's no incentive to give up either, on the contrary, you have gained time. This legislation is unfair and immoral. It should be fought.

[DonkeyRhubarb]

I know this is off topic and possibly not the right place, but does anyone know of a company looking for an Oracle DBA in London or the South East. Experienced Oracle DBA/Apps DBA with RAC, etc (plug plug). The bean counters at IBM have just shot me down

Back on topic, am I willing to fight this to the bitter end - Yes !!

One other thing - all the comments about the other legal opinions that were gathered - I hope our Barrister raised all this during the court proceedings.

And another thing - Alan Jones - GO AWAY YOU SPITEFUL LITTLE MAN !!!

Sorry to hear about your contract but it's good to hear from you again, and hope your wife is making a speedy recovery.

I've been out of the contract market for a long time now but hopefully someone else might know of something.

[Squicker]

I'm in until the end. There's no reason I can think of not to be. If you have the money you can make as much as the interest being charged, if you treat it wisely, and it's compound. You'll never get it back if you pay now, win later. If you don't have the money, there's no incentive to give up either, on the contrary, you have gained time. This legislation is unfair and immoral. It should be fought.

I'm in balls deep. If MP were to bail the least they could do would be put all 'affecteds' in contact whereupon we could organise a fighting fund and retain our legal team.

That said, I have dug out all my old paperwork and I have it in writing from MP that they'd fight onto the HoL. Whilst this is now the Supreme Ct, I think they'd have a hard time backing out of that commitment as it might be argued the scheme was mis-sold due to falsely representing the level of protection to clients.

[smalldog]

small dog is in for the long haul and is awaiting orders sir....!!