BN66 - Round 2 (Court of Appeal)

[Tax_shouldnt_be_taxing]

I think it went something like this...


Anyone disagree?

Well I think that takes care of the decision to enact BN66!

Priceless

BTW, wrt to the PwC hearing today (Tuesday), did anyone post last week something along the lines of "Hey HMRC, see you next Tuesday!" If you know what I mean...

[SantaClaus]

I think it went something like this...

Oh s**t, someone has just made a claim for £60M and there are loads more people jumping on this double tax bandwagon.

Guys, we're up the creek. What the f**k can we do to avoid them getting away with this? We're going to look like such a bunch of useless tossers if we go to the Treasury and just ask them to close this down, pissing away several hundred £million.

How about retrospective legislation? That would save our bacon and screw those bloody contractors at the same time.

Do it. We'll worry about any consequences later.

Anyone disagree?

Quote of the week, DR, quote of the week!

[DonkeyRhubarb]

DR, something puzzles me. If HMRC believe that this should be decided at a tribunal, then why did they drop that avenue in our case re the 4 test cases?

Pre-BN66 they didn't want it to go anywhere near a tribunal because they would have lost.

Now they would favour a tribunal because it would drag it out longer (appeal after appeal) until it finally got to a court which could actually question the legislation. We now know that the Court of Appeal is the lowest court which could seriously query primary legislation.

There may also be a political dimension to this.

My guess is that the Government wouldn't want a full hearing in the Court of Appeal this side of an election just in case...

[Richard Splash]

Pre-BN66 they didn't want it to go anywhere near a tribunal because they would have lost.....


There may also be a political dimension to this.

My guess is that the Government wouldn't want a full hearing in the Court of Appeal this side of an election just in case...

Bingo. I suspect that is exactly the case. I doubt that there are no levels to which the government and Hector won't stoop and no type of deviousness they would not use. We are well outside the bounds of morals here so lets not be too surprised at their tactics.

[Tax_shouldnt_be_taxing]

Perspective

We have friends here this evening and their 8 year old daughter was watching me post to DR. She said that it was wierd to email a donkey. I told her that it was wierd that a reason to do so existed.

I think that puts this into perspective...

[poppy01]

read nothing positive into todays events. no hubris. no 'we'll win the day, justice is on our side', because it isnt. oh and GB will be back in downing st in may. britains has no balls for a change and the electorate won't let go of their nulabour comfort blanket. it will be too late when they finally wake up. another 5 years of the same relentless bullsh1t.

[SantaClaus]

We have friends here this evening and their 8 year old daughter was watching me post to DR. She said that it was wierd to email a donkey. I told her that it was wierd that a reason to do so existed.

I think that puts this into perspective...

Try telling your daughter you are emailing a cow's backside... on the other hand...

[DonkeyRhubarb]

read nothing positive into todays events. no hubris. no 'we'll win the day, justice is on our side', because it isnt.

Not sure what you were expecting yesterday but it was only an oral hearing to decide if they could have a substantive hearing, and at least they didn't get turned down.

[DonkeyRhubarb]

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Go on, you know want to...

[Tax_shouldnt_be_taxing]

Not sure what you were expecting yesterday but it was only an oral hearing to decide if they could have a substantive hearing, and at least they didn't get turned down.

And the positive to take away from that is that MontP is no longer the 1st and last line of defence. The PwC position is still very much alive and whatever the CoA position is for MontP, the PwC case then comes into focus. And don't forget the other legal challenges.

Whilst not reading too much into any of this for now, it's worth considering that there are now multiple lines of legal challenge so we're not a one trick pony and as we move into higher courts, there will be more scrutiny of the legal issues rather than soft intangibles that came out in the High Court hearing.

Also, the CoA outcome yesterday infers to me that aligning both PwC and MontP together suggests that MontP's CoA will succeed and therefore the idea of parallel cases being the way forward as mentioned by the Justices yesterday is more likely.

Whatever the next steps, I just want to be in a court where a certain person stands up and proclaims "I'm DonkeyRhubarb!". It might be worth going bankrupt just for that moment.