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BN66 - Round 2 (Court of Appeal)

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    Originally posted by Emigre View Post
    And with TE63 in the public domain, as well as new paymasters getting comfortable in Westminster, do we think that HMRC would take it to the Tax Courts?

    If HMRC lose the CoA, retrospection becomes outlawed, or at the very least something only available to them in extreme circumstances, perhaps applied a la Padmore.

    HMRC's reliance on a change of law to make Padmore stick would become the stick with which they can be beaten over the head if it ever went to the Tax Courts. To lose in Court over S58 and then to try and apply the pre-existing law (which in their own words they did not change) should be kicked out before it got to Court. I think they might consider a change of Counsel before they could try and square both those angles.
    Exactly right Emigre.

    True justice here can be met, with the least loss of face for all, by upholding the HR Appeal. As you say, the change of law would then only apply prospectively and Hector can quietly forget the whole Padmore thing.

    The change in administration and ignominious removal of bully boy Brown will provide the Lord Justices with the climate in which they can uphold the 'Yuman Rites' argument. Any residual grievance that 2500 people may have 'got away' with exploiting a 'loophole' can be assuaged by blaming Brussels.

    My glass is habitually half full.
    Last edited by TAF4; 21 July 2010, 09:59.

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      Any reposnses from MP's?

      I hand delivered my follow up letter to Ed Davey MP (Lib Dem) some weeks ago but have not yet had a response. Not even a "received it" note.

      Has anyone else had such problems with their MP's?
      Must be busy in govt. these days!

      Comment


        Receiven an acknowledgement email

        Originally posted by SLB View Post
        I hand delivered my follow up letter to Ed Davey MP (Lib Dem) some weeks ago but have not yet had a response. Not even a "received it" note.

        Has anyone else had such problems with their MP's?
        Must be busy in govt. these days!

        But no formal reply.
        Will need to start chasing up soon. I wonder just how much of a pain in the arse we are to them.

        Comment


          mp response

          I got a quick response to my first letter, then no response to my followup letter.

          They are probably getting a little fed up with us at the moment.

          Not sure if I will followup again as I feel they are well aware of our issues, they know it is in the courts and all we can do is make them feel that we are a nuisance and I am not sure how that could help our cause.

          I think we need to keep the pressure up, not sure how, but we will get our day in court.
          I don't believe it.........

          Comment


            Standard reply from Cameron

            Had the standard reply from PM's office (he's my local MP) to the follow up letter... from Gauke..."progress through the courts... blah blah". Being an irritant and keeping on the radar is all we can hope for at present I guess

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              Originally posted by normalbloke View Post
              Had the standard reply from PM's office (he's my local MP) to the follow up letter... from Gauke..."progress through the courts... blah blah". Being an irritant and keeping on the radar is all we can hope for at present I guess
              I had the polite finances and secondary letter re the courts and nothing more...

              Comment


                Guys (and gals), time to start posting again...

                Repeal retrospective elements of section 58, 2008 Finance Act - 507 comments so far
                Decriminalise Cannabis along the same lines as the Netherlands - 505 comments so far

                The spliff rollers are catching up.


                http://yourfreedom.hmg.gov.uk/restor...08-finance-act
                'Orwell's 1984 was supposed to be a warning, not an instruction manual'. -
                Nick Pickles, director of Big Brother Watch.

                Comment


                  Originally posted by SLB View Post
                  I hand delivered my follow up letter to Ed Davey MP (Lib Dem) some weeks ago but have not yet had a response. Not even a "received it" note.

                  Has anyone else had such problems with their MP's?
                  Must be busy in govt. these days!
                  Had an acknowledgement from my MP. Im assuming that David Gawke or whatever he's called now escondensed in the Treasury is writhing away trying to word a suitable reply to how he could speak publically against S58 yet once in a cosy Government position, can now simply say its for the courts to decide without losing face and appearing a complete and utter bastard!

                  Im waiting, David.
                  I couldn't give two fornicators! Yes, really!

                  Comment


                    Originally posted by BolshieBastard View Post
                    Had an acknowledgement from my MP. Im assuming that David Gawke or whatever he's called now escondensed in the Treasury is writhing away trying to word a suitable reply to how he could speak publically against S58 yet once in a cosy Government position, can now simply say its for the courts to decide without losing face and appearing a complete and utter bastard!

                    Im waiting, David.
                    Now if only you could say that last sentence with a Rick Mayall accent, I could almost imagine that David Gauke is in fact Alan B'stard.

                    A bit of light humour amongst all the gloom:
                    YouTube - Alan B'Stard: Top Man
                    'Orwell's 1984 was supposed to be a warning, not an instruction manual'. -
                    Nick Pickles, director of Big Brother Watch.

                    Comment


                      Originally posted by BolshieBastard View Post
                      Had an acknowledgement from my MP. Im assuming that David Gawke or whatever he's called now escondensed in the Treasury is writhing away trying to word a suitable reply to how he could speak publically against S58 yet once in a cosy Government position, can now simply say its for the courts to decide without losing face and appearing a complete and utter bastard!

                      Im waiting, David.
                      And this is why we cannot go away or go quiet. I think if HMRC win, the Government will be in a tight spot, because they will know that if the law is enforced as it stands, while they have the power to prevent it, then we will very loudly and very vocally show them up to be hypocrites. We will have nothing to lose, and if this does run for years, then the jockeying for the next parliament will have begun and we could be a mighty pain in the arse.

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