Hoey - Court of Appeal legal fees

[DealorNoDeal]

The Hoey UTT has been published.

Are you sure? I thought they were still waiting for it.

[TheDogsNads]

Nope there is still an issue. What happens if we hit March 16th 2021 and the UTT judgement has not been published. What happens to the money?

Dear Lord, you're just making yourself out to look foolish now! What are you babbling on about?

The Hoey UTT has been published. They are going for Leave to appeal at the Court of Appeal. Any similar appeal in the UTT works does not impact the Court of Appeal action.

[eek]

eek & MODs, Since the statement above is clearly false and potentially liables, please consider removing altogether.

Nope there is still an issue. What happens if we hit March 16th 2021 and the UTT judgement has not been published. What happens to the money?

[eek]

Look, Im not his solicitor. Save it for them


But to answer your point 3, I would say you are making blatantly false accusations, and the mods are allowing this which makes CUK also liable.

He could spend £100 with a friendly solicitor which could give CUK a few weeks of aggravation so the sake of your ego and your uncontrolled OCD behaviour

Again which of the first 2 facts are false?

[luxCon]

FAO Mods

1) Did Mr Hall sell a tax avoidance scheme to contractors prior to 2010?

2) Has anyone committed suicide as a consequence of the results of being a member of such a scheme?

3) Are either of those facts inaccurate?

You may not like the fact I've decided to be blunt but given muiltiple people who are seemingly mates with Mr Hall have spent a week attacking me, let's explicitly point out Saleos / Mr Hall's history.

Look, Im not his solicitor. Save it for them


But to answer your point 3, I would say you are making blatantly false accusations, and the mods are allowing this which makes CUK also liable.

He could spend £100 with a friendly solicitor which could give CUK a few weeks of aggravation so the sake of your ego and your uncontrolled OCD behaviour

[DealorNoDeal]

You show an abject lack of knowledge about the appeal process. There are two stages: 1, obtain Leave to appeal and 2, if granted, a substantive appeal hearing held to decide the subject matter of the appeal.

He kept reiterating that the FTT judgment in Lancashire was not appealable.

And yet it now appears that it has been appealed.

[TheDogsNads]

In what why does my statement "My question has always been whether any further appeal will be granted" differ from the more complete explanation you've given above.

Hoey wishes to appeal - my entire point is that there is no certainty that leave for the appeal will be given - as you say yourself the test becomes more stringent the higher up things go.

And the money is currently being raised without clear evidence that were no leave to appeal be granted the money would be refunded - we only have Saleos's word for that.

You seem to think seeking 'Leave' and the substantive appeal hearing are one and the same thing. They are not. They are two distinctive actions.

If the first is granted, the second will happen. If the first is not granted, the second will not happen. But, in either outcome, someone has to pay the legal fees to lodge, construct and present the legal argument to support the Leave action.

For the substantive appeal to be heard, money has to be raised for the Leave action to be heard. Why do you not understand that simple fact?

When you pay tutition fees, do you 'know' you will pass the exam and get the honours qualification at the end of it?

When you take your car for its MOT do you know with certainty it will pass? Do you refuse to pay the MOT fee if it fails? Do you not take your car for an MOT because you dont know whether it will pass or not?

[eek]

Seriously, the allegations you are making are really libelous and am surprised the mods are not stopping you as CUK is as much liable as you will be.

If anything, CUK exists as a legal entity with directors and shareholders who could have some headache to deal with for obviously, and under their nose allowing these to be published. Where as you think you are anonymous.

You are making allegations, and these are getting increasingly unfunded and more libelous against named and known individuals. If I was him I would get my solicitor to write CUK a letter.

This is getting ridiculous and the mods need to intervene. Surely they see whats goin on, and this is negligance.

1) Did Mr Hall sell a tax avoidance scheme to contractors prior to 2010?

2) Has anyone committed suicide as a consequence of the results of being a member of such a scheme (we know the answer to that one is yes)?

3) Are either of those facts inaccurate?

You may not like the fact I've decided to be blunt but given muiltiple people who are seemingly mates with Mr Hall have spent a week attacking me, let's explicitly point out Saleos / Mr Hall's history.

[luxCon]

Where are the Mods?

What accusations have a made about you - that are untrue?

4) How many people is your mate Saleos responsible for the suicide of because of the 10 years plus grief and consist threat of imminent and immediate bankruptcy that his schemes resulted in given that all they wanted and what he sold them was a hassle free life without needing to worry about IR35?

Seriously, the allegations you are making are really libelous and am surprised the mods are not stopping you as CUK is as much liable as you will be.

If anything, CUK exists as a legal entity with directors and shareholders who could have some headache to deal with for obviously, and under their nose allowing these to be published. Where as you think you are anonymous.

You are making allegations, and these are getting increasingly unfunded and more libelous against named and known individuals. If I was him I would get my solicitor to write CUK a letter.

This is getting ridiculous and the mods need to intervene. Surely they see whats goin on, and this is negligance.

[eek]

You show an abject lack of knowledge about the appeal process. There are two stages: 1, obtain Leave to appeal and 2, if granted, a substantive appeal hearing held to decide the subject matter of the appeal.

'Leave' is legal jargon for permission. When appealling a decision, one has to show the lower court's judgement was essentially made on an error in law. There are numerous examples of what constitutes this if you search the web.

It is clear to anyone involved in appealing a decision to a higher court that Leave may or may not be given. No one can predict whether Leave will be granted because that's at the behest of a judge. A legal representative should have a very good idea as to the likely outcome.

UTT decisions are only binding where cases are clearly on the same points. Where they are different does not preclude another case from appealling to a UTT. Yes, HMRC can pull all sorts of tricks and claim cases are more similar than they are. Again, this will come down to the judge's decision whether Leave should be granted.

As regards Hoey's UTT decision, their option now is to fold or, seek Leave to appeal to the Court of Appeal which is, a higher court than the UTT. However, the point of law test becomes more stringent the higher up the Judicial system you go.

In what why does my statement "My question has always been whether any further appeal will be granted" differ from the more complete explanation you've given above.

Hoey wishes to appeal - my entire point is that there is no certainty that leave for the appeal will be given - as you say yourself the test becomes more stringent the higher up things go.

And the money is currently being raised without clear evidence that were leave to appeal not to be granted the money would be refunded - we only have Saleos's word for that - it isn't stated on the GoFundMe campaign page nor on GoFundMe's website.