BN66 - Round 2 (Court of Appeal)

[DonkeyRhubarb]

Court of Appeal

Some background info.

FAQ
http://www.hmcourts-service.gov.uk/cms/1290.htm

If I lose in the Court of Appeal, can I appeal to the European Court of Human Rights?

To apply to the European Court of Human Rights, you need to “exhaust domestic remedies”. This means you must have used all the procedures available to you in your own country to seek protection of your rights or to seek justice in respect of a past violation of your rights. In cases where the Court of Appeal is the last court to decide on the case, an application to the European Court of Human Rights may be made.

2007/8 Review
http://www.hmcourts-service.gov.uk/c..._year_2008.pdf

[Tax_shouldnt_be_taxing]

Don't know if that has been posted before, but worth a read:

http://www.telegraph.co.uk/finance/e...less-mess.html

"So unpredictable and oppressive has the UK tax system become that more than half the FTSE 100 is reportedly considering shifting domicile to avoid the Revenue's vice-like grip."

I don't think I can add too much more on this...

[johnnyguitar]

Don't know if that has been posted before, but worth a read:

http://www.telegraph.co.uk/finance/e...less-mess.html

"So unpredictable and oppressive has the UK tax system become that more than half the FTSE 100 is reportedly considering shifting domicile to avoid the Revenue's vice-like grip."

I don't think I can add too much more on this...

I'm lucky enough to have dual Swiss & britsh nationality so a move to the tax-'friendly' canton of Zug would be potentially easier for me.
Trouble is, after looking at the mountains & the lakes, it can be kinda dull sometimes

[PlaneSailing]

Some background info.

FAQ
http://www.hmcourts-service.gov.uk/cms/1290.htm


2007/8 Review
http://www.hmcourts-service.gov.uk/c..._year_2008.pdf

Which makes me wonder about the Steed/KPMG case. They
seem to have applied directly to the ECHR and not gone through
the domestic system.

[BolshieBastard]

Absolutely not. The judiciary are totally independent.

Ahem, allegedly!

Judges in the Court of Appeal have shown that they have no qualms whatsoever about holding the Government to account eg. in the recent rendition/torture cases.

I wouldn't worry on this score.

TBH, its effectively the Government who appoint the judges. It used to be done by the Lord Chancellor but since that role has been done away with, Im not certain who does this now.

In any event, the courts will assign judges to cases based on their suitability and knowledge of a subject.

[DonkeyRhubarb]

Which makes me wonder about the Steed/KPMG case. They
seem to have applied directly to the ECHR and not gone through
the domestic system.

There is a caveat. If the best that can be achieved in the domestic courts is a "declaration of incompatibility", then you can in theory fast track to ECtHR.

They used Brannigan's 5th November 2008 newsletter, where HMRC asserted that such a declaration was all that could be achieved, as justification for bypassing the UK courts.

Whether that will be sufficient or not remains to be seen.

[Emigre]

Which makes me wonder about the Steed/KPMG case. They
seem to have applied directly to the ECHR and not gone through
the domestic system.

There was a reason for that. If I remember rightly, HMRC wrote in one of their missives that the JR could only declare that s58 is incompatible with European Law and that as such HMRC would continue to pursue collection.

Their case evolves around the idea that if HMRC have stated their behaviour in that way then all avenues have been exhausted!

[PlaneSailing]

There was a reason for that. If I remember rightly, HMRC wrote in one of their missives that the JR could only declare that s58 is incompatible with European Law and that as such HMRC would continue to pursue collection.

Their case evolves around the idea that if HMRC have stated their behaviour in that way then all avenues have been exhausted!

Thanks. Do you think that was HMRC's intention?

[VIEWDESK]

Closure Notices

I am a long time lurker . However my wife has just called me to say that I have received a batch of presents from HMRC (closure notices) which will amount to an alleged 6 figure sum when all the tax years are collated. HAve been with Montp since 2003 . Silly question but do I just pass onto MontP and wait ? Who do i pass them onto NatW or anybody else?

Also has anybody queried or complained to HMRC about the 'unreasonable time it has taken to investigate these returns ' iF so what reponse did you get? Surely they must have a code of practuice which makes them accountable to a reasonable period for these matters.

[DonkeyRhubarb]

Thanks. Do you think that was HMRC's intention?

I doubt it. More likely they were just being arrogant arseholes as usual.