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BN66 - Round 2 (Court of Appeal)
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The Gimp
Originally posted by not-a-penny View PostAs some of us feel that we are about to be raped by bullies do you recognise the gimp?
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Originally posted by silver_lining View PostHi,
Just wondering was anyone actually going to attend PWC oral next Tuesday?
Regards,D.Comment
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Something interesting the Lib Dems sent to my wife. Pretty old but I'd not seen it before.
http://www.theyworkforyou.com/pbc/20...008-05-22a.9.0Last edited by Slobbo; 4 March 2010, 11:37.Regards
Slobbo
"Everyone is entitled to be stupid, but some abuse the privilege."Comment
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Originally posted by Slobbo View PostSomething interesting the Lib Dems sent to my wife. Pretty old but I'd not seen it before.
http://www.theyworkforyou.com/pbc/20...008-05-22a.9.0Comment
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Originally posted by Cugel View Post
"There are no cases of litigation at the moment."
Sorry Jane, but that aint true. There were and still are 4 test cases.Comment
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Originally posted by Slobbo View PostSomething interesting the Lib Dems sent to my wife. Pretty old but I'd not seen it before.
http://www.theyworkforyou.com/pbc/20...008-05-22a.9.0When is comes to the HMRC and Gordy. Im a fighternot a lover
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this is my fav:
David Gauke (Shadow Minister, Treasury; South West Hertfordshire, Conservative)
A Government should pursue and litigate on the basis of the existing law. When they identify an abuse, they should issue a warning and announce that they will change the law at the first opportunity, and then do so. That takes me to the point made by my hon. Friend the Member for Runnymede and Weybridge. The Minister said that HMRC was first aware of the schemes in 2001, but they were not pursued widely because the warnings given by HMRC proved to be sufficient. None the less, there was an awareness at that time by HMRC of some ambiguity in the wording of the 1987 legislation.
Notwithstanding the fact that the schemes were not being pursued, why were such measures not introduced under the Finance Act 2001 or subsequent Acts? There has been plenty of them. Given that there were two Finance Acts in 2005, there have probably been about eight. The matter causes great concern, and the Government’s approach should be to pursue it rigorously and to litigate if there is some doubt about the law. In the meantime, warnings should be given and legislation should be made. The Government have not done that. They have sat on the matter, have come back subsequently some years later and taken action when the scheme started to develop, having been aware of the ambiguity under the 1987 legislation.
In response to the hon. Member for South Derbyshire, I must say that, if the Government fail to make the measure retrospective, it is an admission that the previous legislation was defective. Indeed, I am more inclined to interpret the proposal to make it retrospective as an admission that the 1987 Act does not do what the Government said it does. That is not based on a legal analysis but, if they were so confident that the 1987 legislation prohibits the behaviour that we are talking about, why on earth have they not litigated on the matter?
For those reasons I am more convinced than ever that the retrospective nature of the clause is unacceptable. Should the hon. Member for South-East Cornwall wish to press his amendment to a vote, we will support him.Comment
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