I've been thinking about HMRC enforcing collection. Considering that there is - hopefully - going to be a legal challenge at the ECHR which may find that S58 breaches our human rights could we have a claim against those public or private individuals who enforce collection?
We are all familiar with the Nuremburg Defence - "I was following orders". What legal protections do those acting on behalf of the state have if it is later found that their state sanctioned actions have broken our human rights? If S58 is found to breach our human rights the retrospection would be removed, and if collection had been enforced wouldn't this then be an illegal act. In fact wouldn't it be theft?
I am grasping at straws but isn't there a legal angle here to use to defer collection?
We are all familiar with the Nuremburg Defence - "I was following orders". What legal protections do those acting on behalf of the state have if it is later found that their state sanctioned actions have broken our human rights? If S58 is found to breach our human rights the retrospection would be removed, and if collection had been enforced wouldn't this then be an illegal act. In fact wouldn't it be theft?
I am grasping at straws but isn't there a legal angle here to use to defer collection?
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