BN66 - Court of Appeal and beyond

[SantaClaus]

My opinion doesn't matter. I was referring to the previous occurences of retrospective legislation outlined by all the judges in this case so far. You may know more about the law than all the HHJs in the English legal system, in which case you should contact them as soon as possible to make clear their mistakes, and their gullibility in the face of institutional spin.

Welcome back, Alan Jones!

[smalldog]

I have got zero interest right now of going after MP should we lose eventually, there were no guarantees. It was all sold on the basis of likelihood and that was all.

I want this monkey off my back, in a sick kind of way its a relief I dont have yet another year of wondering and waiting for an SC trial and then judgement. We're one step closer to closure and for me personally thats a good thing whichever way it turns out. Fortunately I have asset provision and could pay if I eventually had too, of course would rather not as its a large dent in my nest egg. I really do feel for anyone caught in this who doesnt have that luxury I really do as it must be a worrying time, however!!!! try not be too despondent its not over yet!!!!!!!

[Disgusted of Coventry]

This is just a mess!

When my friend first told me about his ordeal by BN66, using the keywords clarification & retrospective, I assumed that he must have been mistaken. It sounded far too implausible.

Thanks to DR's (extremely patient) explanations over the past few weeks, it's now not only implausible, but perverse.

To be honest, it's difficult to see how this can end well for HMRC. They've injected so much internal inconsistency into the system that they'll end up chasing their own tail through the Courts for an eternity.

A bit like IR35, in fact.

[DonkeyRhubarb]

Thanks, but I can't see what case I would have, EVEN if I thought that I had been misled. They were quite open about the possibility of losing. They did not mention retrospection or if they did deemed it highly unlikely, but so what? The scheme had caveat emptor written all over it. Only a highly naive person would have thought otherwise.

Of course if they *knew* that the scheme was highly at risk from retrospection that would be an entirely different matter. But there is no evidence for this. Even people with an axe to grint against MP never mentioned this.

The above aside, I am not in the habit of blaming my misfortunes on others. Even if I was I would hope that I had the common sense not to sue MP whilst they are still fighting our corner. The expense, time, hassle and stress of a completely different course of action with even more dubious prospects of success seems stupid right now (and afterwards also).

This is all water under the bridge as far as I am concerned so I am sticking with MP.

WHS

[Britspud]

As said, we always knew it was sailing close to the wind and that they would eventually plug the gap in the law. However, the worst case that was put to me was that it would just end at that point, and we'd have to move onto other schemes or back to Ltd Co's. At no point was retrospection mentioned to me.

However, I'm with you re sticking with MP. I think they've been very honourable so far in as far as keeping on the litigation.

I guess we'll all be heading into the weekend and looking forward to their published wisdom next week. I remember people mentioning that they have other avenues should this one fail...let's hope they're good ones.

[TalkingCheese]

Several people have contacted me about the above.

If you think you haven't received enquiries for some CNs then I suggest the following as a first step.

Write to HMRC and ask them to provide proof (eg. dates when they wrote to you) that they opened enquiries into each of your tax returns.

Did anyone write to HMRC and get a response of any kind ? I wrote about a particular year and have received nothing.

[nevergiveup]

I have got zero interest right now of going after MP should we lose eventually, there were no guarantees. It was all sold on the basis of likelihood and that was all.

I want this monkey off my back, in a sick kind of way its a relief I dont have yet another year of wondering and waiting for an SC trial and then judgement. We're one step closer to closure and for me personally thats a good thing whichever way it turns out. Fortunately I have asset provision and could pay if I eventually had too, of course would rather not as its a large dent in my nest egg. I really do feel for anyone caught in this who doesnt have that luxury I really do as it must be a worrying time, however!!!! try not be too despondent its not over yet!!!!!!!

Completely agree smalldog. Going to the SC would of probably been a waste of time and we are just one step closer to bringing this all to an end. For me it's been the worse 10 years of my life and if only I could invent a time machine like HMRC I'd not make the same mistake twice....

Anyway chins up everyone.

[slogger]

Did anyone write to HMRC and get a response of any kind ? I wrote about a particular year and have received nothing.

i wrote last year (dec 6th) - received a reply (16th jan) saying it had been handed to a colleague to deal with - was going to chase them this weekend.

[TalkingCheese]

i wrote last year (dec 6th) - received a reply (16th jan) saying it had been handed to a colleague to deal with - was going to chase them this weekend.

Yeah, sent mine around the same time. I will chase too but I have a feeling they will be centrally processed/sat on.

[smalldog]

Yeah, sent mine around the same time. I will chase too but I have a feeling they will be centrally processed/sat on.

I wrote and got responses couple of weeks back, unfortunately all checks out...