BN66 - Round 2 (Court of Appeal)

[DonkeyRhubarb]

just had a look at recent cases with a verdict on ECHR Portal HTML View

and most recent verdict took 5 years - that was before the current backlog. So does this really mean this will be hanging over us for at least 5 years and possible more likely 10!

The only way the case could be heard sooner in ECtHR is if the court accepts Steed's application which they filed in January 2009.

As far as I'm aware Steed have had no response to their application but, knowing what we know now about the huge backlog, this is probably not surprising.

Personally I don't see how ECtHR could look at this while there is an identical case being heard in the UK courts. My guess is either Steed's application will be thrown out altogether or it will be deferred until we have exhausted the legal avenues in this country (Court of Appeal, Supreme Court).

I think whichever way you look at it, 5 years seems very optimistic.

Question

The majority of people I speak to would be quite happy for the case to drag on for 10 years.

Is that the general consensus?

[DaveB]

just had a look at recent cases with a verdict on ECHR Portal HTML View

and most recent verdict took 5 years - that was before the current backlog. So does this really mean this will be hanging over us for at least 5 years and possible more likely 10!

More likely 40 to 50 at the rate suggested given the backlog, unless HMRC find a way to get it fast tracked. Assuming they would want to.

The EHCR's Q&A Document states it can take up to a year before the court even looks at the application to decide if it is suitable to be heard and gives no indication how long thatprocess takes and what happens after that.

[DonkeyRhubarb]

I've created a Poll to see what the consensus is.

http://forums.contractoruk.com/accou...esolution.html

[normalbloke]

Question

The majority of people I speak to would be quite happy for the case to drag on for 10 years.

Is that the general consensus?

I am in the fortunate position of having enough assets to cover my liability (atm). However my assets are not that liquid, so am unable to buy a CTD tomorrow for example. I am hoping for a better rate of return on my assets than the interest charged by HMRC. As long as my return can beat HMRC interest then I won't be worrying about the long haul. However, I realise that there are many that will be crippled even more by the interest element on all this, which seems blatantly unfair, now the matter is in the 'asthmatic ant carrying two large bags of shopping' speed of our legal system. But we all know how HMRC are the antithesis of 'fairness'.

[DonkeyRhubarb]

However, I realise that there are many that will be crippled even more by the interest element on all this, which seems blatantly unfair, now the matter is in the 'asthmatic ant carrying two large bags of shopping' speed of our legal system.

One minor blessing is that the interest is "simple", not "compound". Over time this works in your favour.

[johnnyguitar]

One minor blessing is that the interest is "simple", not "compound". Over time this works in your favour.

well, it shouldn't be too hard to beat HMRCs rate of interest and the longer it takes, the longer I have to get any shortfall saved up.
I'm tempted to borrow the majority of the lump sum on my existing mortgage rate, stick it into a long-term savings account and just 'consume' it with my main mortgage.

With any luck, I get a nice suprise in a few years time and I've got a lump sum that I can pay straight back onto the mortgage.

Still, it would be nice not to have this over our heads for years & years.

[BolshieBastard]

Well, got my response from Gauke (or whatever he's called) via my MP.

Unfortunately for Gauke he didnt reply to my question which was how could he speak pre election about how naughty BN66 was then once in office, say its for the courts to decide! Instead he replied about authorisation of HMRC information. TWAT!! Well, he's going to find out the bolshie one isnt going to let this drop until i get an answer.

Sadly for him, a response will be winging its way via my MP very soon!

I want to mail his full speech against BN66 to him and ask him once again, how can he say one thing when not in office then turn hMRC's prossie when in office!

So, can anyone repost this character's speech where he argues against BN66 so I can copy it to him and ask why he's now hiding behind 'the courts'!

Either that or could someone PM me with it? It may be in this thread somewhere but I dont want to trawl through 180 odd pages.

Ta!

[DonkeyRhubarb]

So, can anyone repost this character's speech where he argues against BN66 so I can copy it to him and ask why he's now hiding behind 'the courts'!

This is an abridged version containing all the "best" bits.

http://forums.contractoruk.com/accou...ml#post1161783

[smalldog]

This is an abridged version containing all the "best" bits.

http://forums.contractoruk.com/accou...ml#post1161783

I dont care he is not my MP I am going to mail him with this and tell him what I think of him

[SLB]

I've created a Poll to see what the consensus is.

http://forums.contractoruk.com/accou...esolution.html

What is the advantage of this dragging on for 10 years through the European Courts? I'm sure we'd all like a timely solution, or am I missing something?

If it were to drag on for 10+ years and the interest became insane, do the courts have some power to say HMRC cannot claim the interest part as the legal process has added to the burden and cannot be justified?

What are the pros and cons either way?