BN66 - Court of Appeal and beyond

[DonkeyRhubarb]

I don't think there is any point in agonising over "what if this" or "what if that".

We will find out for definite on Monday.

[IH8GordonB]

Gauke

So if I remember correctly D. Gauke said he could not intervene because the case was being heard by the courts. So after 10am Monday the case is no longer being heard by the courts until such time as someone appeals the decision. Of course I don't expect Gauke to do anything either way. Also, if we win then surely the decision to appeal by HMRC must be backed by the Gov and in particular Mr. Gauke.

Whatever, good luck everyone. At least a win would take us into the final round with the upper hand.

[BolshieBastard]

So if I remember correctly D. Gauke said he could not intervene because the case was being heard by the courts. So after 10am Monday the case is no longer being heard by the courts until such time as someone appeals the decision. Of course I don't expect Gauke to do anything either way. Also, if we win then surely the decision to appeal by HMRC must be backed by the Gov and in particular Mr. Gauke.

Whatever, good luck everyone. At least a win would take us into the final round with the upper hand.

Gauke will do **** all. He just used this battle to put himself in the spotlight, nothing more, nothing less.

He had the power to order hmrc to back off and withdraw their case but instead hid behind the 'let the courts decide' mantra.

[gasha11]

Yes it's as simple as that. This is your personal liability not your other half's.

The same applies to any savings or investments held in joint names. HMRC can only stake a claim on your half.

That's not right DR. Yuou remember the Hill case? There was a test case a couple years ago where someone tried to transfer assets to their wife and HMRC won so they could go after the wife.

This was discussed here
http://forums.contractoruk.com/accou...tml#post733013

[BolshieBastard]

If as the general theme suggests this will end up in the Supreme court. What is the point of the High Court and COA? Why not go straight to the Supreme court. We've already been sweating for 3 years, What is the point!!!!!!

Its because each court acts as a filter so the following court isnt chocca with less serious cases. There are also tests to make sure that appeals can only proceed to the next higher court based on certain criteria ie new information, permission to appeal to cut out frivolous appeals etc.

[DonkeyRhubarb]

If as the general theme suggests this will end up in the Supreme court. What is the point of the High Court and COA? Why not go straight to the Supreme court. We've already been sweating for 3 years, What is the point!!!!!!

It's like football. You can't get from the 3rd division to the Premier League without achieving promotion through the 2nd & 1st divisions.

[Vallah]

It's like football. You can't get from the 3rd division to the Premier League without achieving promotion through the 2nd & 1st divisions.

It's The Championship, League 1 and League 2 grandad!

[DonkeyRhubarb]

That's not right DR. Yuou remember the Hill case? There was a test case a couple years ago where someone tried to transfer assets to their wife and HMRC won so they could go after the wife.

This was discussed here
http://forums.contractoruk.com/accou...tml#post733013

I wasn't talking about transferring assets.

I was referring to assets which are already in joint names owned 50/50 eg. your house.

HMRC can only go after your half.

[Tax_shouldnt_be_taxing]

The Eve of Battle

Folks,

On Monday we'll have a much better idea of our chances and potential fate. Time to consider the ruling in its words more than its deeds will be vital. Whatever happens come Monday, this is not over, not by a long way.

Trying to second guess the events following the ruling such as what will MP do does little more than add to the stresses we already bear. We will know soon enough.

No matter what some might think, even the worst possible outcome for us does not equal an HMRC letter on Tuesday asking for money. That is not the process and not something HMRC could enforce no matter what.

We have a weekend before the ruling. Perhaps the calm before the storm. In any event, whilst difficult to contemplate perhaps, try to enjoy it. Events that will soon be upon us are out of our hands (for now).

There are those who won't drop this whether MP stay and fight or not. What that means might only become clear in the future, but YOU ARE NOT ALONE.

Some years ago, I was party to an experience that I would not wish on my enemies (let alone HMRC). I won't go into the details, but suffice it to say, I was in a dark place and felt alone. What helped get me out of there was a poem by Sir Henry Newbolt. I often recall this when events transgress the otherwise normal and happy existence I have. It may not offer you any comfort leading up to Monday, but for me it invokes the genuine rising to the cause that brought us all here, now and together.

Try to enjoy this weekend. Remember to be kind to those you are closest to. Do not let what will unfold on Monday interfere with the things you care most about. And at all times remember, that whatever the outcome on Monday, win or lose, this fight is not over, HMRC cannot come calling and whoever stands with us or not for the next round (and there will be a next round) this will not end on Monday. After all, as the poem says, we must all Play up, Play up and Play the Game. Good weekend all.

There's a breathless hush in the Close to-night --
Ten to make and the match to win --
A bumping pitch and a blinding light,
An hour to play and the last man in.
And it's not for the sake of a ribboned coat,
Or the selfish hope of a season's fame,
But his Captain's hand on his shoulder smote --
'Play up! play up! and play the game!'

The sand of the desert is sodden red, --
Red with the wreck of a square that broke; --
The Gatling's jammed and the Colonel dead,
And the regiment blind with dust and smoke.
The river of death has brimmed his banks,
And England's far, and Honour a name,
But the voice of a schoolboy rallies the ranks:
'Play up! play up! and play the game!'

[zippo]

Fingers & Toes Crossed......

Wishing all of us the very best of luck for Monday !!!!

Have a good weekend