BN66 - Court of Appeal and beyond

[CanPayButWouldRatherNot]

xmas time

Santa ... surely time to dust off the xmas avatar's

HMRC are probably getting the xmas cards ready

..hello HMRC

[SantaClaus]

Santa ... surely time to dust off the xmas avatar's

HMRC are probably getting the xmas cards ready

..hello HMRC

I'm still searching for a tonne of manure to dump down their chimney.

[moira under the stairs]

I'm still searching for a tonne of manure to dump down their chimney.

Phew... A posting, started to think the forum had been taken off line.

[BrilloPad]

I'm still searching for a tonne of manure to dump down their chimney.

Maybe we could hold a protest march and lay a wreath at their door? Or even a reef if anyone has any limestone...

[Emigre]

I'm still searching for a tonne of manure to dump down their chimney.

I know of a Donkey in a field with a nice coat that could probably help...

[prozak]

Occupy HMRC.

Of course the public empathy would be zero. But hey. Why not.

[DonkeyRhubarb]

Timescales

I have been doing a bit of research on timescales in the Supreme Court.

The Gaines Cooper case is probably a good comparison.

They applied in March 2010 and got permission in July 2010 (after 4 months). Their hearing was in July 2010 (a further 12 months). The decision was handed down in October 2011 (another 3 months).

The whole process took 19 months from start to finish.

On that basis, assuming we get the green light, I would expect us to get a final decision around Spring 2013.

This gives plenty of time to make contingency plans.

[BrilloPad]

I have been doing a bit of research on timescales in the Supreme Court.

The Gaines Cooper case is probably a good comparison.

They applied in March 2010 and got permission in July 2010 (after 4 months). Their hearing was in July 2010 (a further 12 months). The decision was handed down in October 2011 (another 3 months).

The whole process took 19 months from start to finish.

On that basis, assuming we get the green light, I would expect us to get a final decision around Spring 2013.

This gives plenty of time to make contingency plans.

Stupid question - if we lose (not that I think we will - but with judges being so corrupt who can be sure), will closure notices become enforceable?

[prozak]

...but with judges being so corrupt who can be sure....

I'm fascinated by the above snippet from your post.

Please elaborate.

[DonkeyRhubarb]

Stupid question - if we lose ... will closure notices become enforceable?

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.