BN66 - Round 2 (Court of Appeal)

[DonkeyRhubarb]

Grrrr...... Still NO news and NO indication on how long it may take.

It will be 4 months next week.



I just hope it's worth the wait...

[slogger]

It will be 4 months next week.



I just hope it's worth the wait...

if the details are this difficult for 3 senior judges to decide on how can we be penalised for believing scheme valid at the time....

[TalkingCheese]

Anticipation is high...

It will be 4 months next week.



I just hope it's worth the wait...

I am watching the Notices for Judgement for updates at 2:30 each day. I just know my stomach/heart is gonna flip when we finally see a date in there !

[shrek]

I am watching the Notices for Judgement for updates at 2:30 each day. I just know my stomach/heart is gonna flip when we finally see a date in there !

Yes - I read this forum everyday and I must admit the suspense is killing me

[normalbloke]

if the details are this difficult for 3 senior judges to decide on how can we be penalised for believing scheme valid at the time....

They aren't deciding on the legality of the scheme (more's the pity). They are deliberating on the Human Rights aspect of the retrospective nature of s.58.

[Slobbo]

Did HMRC promise to wait on the collection front until our appeal process has concluded or until all appeal processes have concluded?

- MP case
- PWC case
- Steed/KPMG case
- Wealth management company case

Is there any way we can find out more about the KPMG and Wealth Management companies cases?

Is the Steed/KPMG case based on the same HR argument or is it different?

[slogger]

They aren't deciding on the legality of the scheme (more's the pity). They are deliberating on the Human Rights aspect of the retrospective nature of s.58.

I wasn't commenting on that - basically we where supposed to know all this would happen and so should have considered it ourselves :-)

[DonkeyRhubarb]

They aren't deciding on the legality of the scheme (more's the pity). They are deliberating on the Human Rights aspect of the retrospective nature of s.58.

Parker flirted with the legality of the scheme but merely suggested it wasn't clear cut.

I would be surprised if the appeal court judges even consider this.

[DonkeyRhubarb]

Did HMRC promise to wait on the collection front until our appeal process has concluded or until all appeal processes have concluded? (1)

- MP case
- PWC case
- Steed/KPMG case
- Wealth management company case

Is there any way we can find out more about the KPMG and Wealth Management companies cases? (2)

Is the Steed/KPMG case based on the same HR argument or is it different? (3)

(1) I only know of the undertaking HMRC's barrister gave to our's to hold off during the current appeal. I don't know what, if anything, they've said to PwC or Steed. However, I would expect them to continue holding off while any appeal is pending in the UK courts eg. if we appeal to SC.

(2) I've heard nothing more about this so I'm inclined to think there's no substance to it.

(3) Same HR argument as us.

[BolshieBastard]

if the details are this difficult for 3 senior judges to decide on how can we be penalised for believing scheme valid at the time....

The details arent difficult for the learned judges. Its a misconception many people have when judgements take as long as this.

What they are doing is making sure their judgement, whichever way it falls, is as legally flawless as it can be.