BN66 - Court of Appeal and beyond

[moira under the stairs]

Todays Prime Ministers Question time

Apparently....

"The Government are on the side of the people that abide by the rules"

so when does Retrospectively come into that statement ?

[StellaFan]

Seems hmrc don't mind using EU law to strengthen their case when it suits them:-

HMRC's QC also argued that the FCR as applied by the Football League is "inconsistent with EU law" because it discriminates against foreign clubs which are not considered preferred creditors.

BBC Sport - Lawyers joust over football's special rule

[not-a-penny]

They heard you ...

No.

The appeals of our CNs would still need to go through the normal tax tribunal appeals process.

Moreover, if you look at the grounds of appeal cited by MontP on the CNs it was not just Human Rights. It is MontP's contention that the drafting of s58 does not achieve its objective and therefore does not apply to us. This would need to be decided in the lower tax court with possible appeal to the upper tax court and beyond.

You could be looking at 2014, and this doesn't include a possible appeal by either Montp and/or PwC to Europe.

Furthermore, there is still the Steed/KPMG case pending in Strasbourg.

Personally, I'm not ruling out the possibility of being 6 feet under before this comes to an end.

DR, your post cheered me up no end and I do wish you a very long and happy life, but ...

HMRC must have read it and they rushed a letter out today to set the record straight. The most important points being that SC is the end of this legal process (no Europe) and that HMRC will start taking representative cases to the First Tier tribunal ASAP, in anticipation of SC outcome.

Of course this is all followed by an advise to pay up NOW. Fricking mind games ...

[smalldog]

DR, your post cheered me up no end and I do wish you a very long and happy life, but ...

HMRC must have read it and they rushed a letter out today to set the record straight. The most important points being that SC is the end of this legal process (no Europe) and that HMRC will start taking representative cases to the First Tier tribunal ASAP, in anticipation of SC outcome.

Of course this is all followed by an advise to pay up NOW. Fricking mind games ...

So I assume it states that if they lose in the first tier tribunal they will drop the legal case and uphold our appeals???? I thought not, the usual scare mongering and one sided argument...

on another note, did anyone see the money programme on BBC2 last night, very enlightening and a programme that EVERYONE should be forced to watch! just goes to show that the top 1% pay 57% of all taxes. but hey we knew that, the people that throw the word "fair" around just havent got a clue on whats really going on!

[SantaClaus]

Just got the "newsletter" too.

As usual, I'll skip the main text and read the between the lines.

[geoff from contracta IOM]

So I assume it states that if they lose in the first tier tribunal they will drop the legal case and uphold our appeals???? I thought not, the usual scare mongering and one sided argument...

on another note, did anyone see the money programme on BBC2 last night, very enlightening and a programme that EVERYONE should be forced to watch! just goes to show that the top 1% pay 57% of all taxes. but hey we knew that, the people that throw the word "fair" around just havent got a clue on whats really going on!

And unfortunately that 1% are leaving in droves , so who will plug the gap ?

[Taffia]

Just dropped through the letterbox here too.

[OnYourBikeGB]

Just had a laugh at that too. Sent second class I presume (I had it read to me over the phone), so he could stay in bed yesterday. Good to know that we don't have to do anything at this stage - as if we were about to. Happy Christmas to you to Mr B. Sorry to hear about your pension. I know, it's just not 'fair' is it?

[DonkeyRhubarb]

DR, your post cheered me up no end and I do wish you a very long and happy life, but ...

HMRC must have read it and they rushed a letter out today to set the record straight. The most important points being that SC is the end of this legal process (no Europe) and that HMRC will start taking representative cases to the First Tier tribunal ASAP, in anticipation of SC outcome.

Of course this is all followed by an advise to pay up NOW. Fricking mind games ...

I'd love to know on what basis they hope to take test cases to a first tier tax tribunal when appeals have been lodged by Montp and PwC with the highest court in the land.

The funny thing is that Brannigan said this in his last newsletter - and that was 3 years ago!!!

What a

[Emigre]

Just had a laugh at that too. Sent second class I presume (I had it read to me over the phone), so he could stay in bed yesterday. Good to know that we don't have to do anything at this stage - as if we were about to. Happy Christmas to you to Mr B. Sorry to hear about your pension. I know, it's just not 'fair' is it?

I've not received the pearls of Hector wisdom yet. However, its good to hear that he is avoiding the Christmas postal rush. As for his pension, there needs to be some clarification...the private sector has been overpaying public sector pensions for years, perhaps back as far as 1987, and there now needs to be some clawback since it was never the intent of Parliament for the public sector to receive such unsustainably high pensions. Perhaps we could get someone to lie to Parliament about intent and changes to the tax definition of clarify, since it now appears to merit a separate dictionary definition.

Hector can say what he likes about the legal process. I'd like to say that he cannot bypass the law, but then he already did, silly me. The reality is that if we were to all start individual proceedings before the SC, there is f*** all he can do about it. Tribunal would have to defer each and every one till post SC, but each case would be up and running.