Legal Challenge v Loan Charge

**regron** · 17 August 2018, 14:40

Originally posted by phil@dswtres View Post

As people may be aware from the ridiculous news of me injuring myself....I was in London yesterday. I was meeting up with LCAG and a (very) well known QC. In fact it was the steps outside the Chambers that I managed to fall down which wasn't exactly the impact i was hoping to have. Nevertheless...

There is a legal challenge against the LC and its an excellent one in my opinion. More news will be out over the coming week. Long way to go but its a genuine light and one we should all be delighted to see.

More info over the coming weeks but it was an extremely positive meeting and has provided a real chance of success. Clearly there will be a lot of questions and so LCAG/myself/a n others will be happy to provide answers as and when they arise.

Superb

**Calmbeforethestorm** · 17 August 2018, 15:16

Originally posted by phil@dswtres View Post

As people may be aware from the ridiculous news of me injuring myself....I was in London yesterday. I was meeting up with LCAG and a (very) well known QC. In fact it was the steps outside the Chambers that I managed to fall down which wasn't exactly the impact i was hoping to have. Nevertheless...

There is a legal challenge against the LC and its an excellent one in my opinion. More news will be out over the coming week. Long way to go but its a genuine light and one we should all be delighted to see.

More info over the coming weeks but it was an extremely positive meeting and has provided a real chance of success. Clearly there will be a lot of questions and so LCAG/myself/a n others will be happy to provide answers as and when they arise.

Just in case anyone from HMRC is reading this....be very aware that we will do our damnedest to get rid of your ridiculous loan charge and your despicable efforts to get people to sign away their rights to redress just because you are bullying them.

**Groundhogdays** · 17 August 2018, 16:51

Originally posted by Calmbeforethestorm View Post

Just in case anyone from HMRC is reading this....be very aware that we will do our damnedest to get rid of your ridiculous loan charge and your despicable efforts to get people to sign away their rights to redress just because you are bullying them.

Cautiously optimistic, but QC opinions - no offence, but isn't that kind of how we got here in the first place? Still, hope is hope to take away on a Friday afternoon for a change - THANK YOU, PHIL.

There's probably no one out there who wouldn't like to give Hector and 'His Masters Voice' a good, long overdue kicking. I know its not the point really, but we've been on the receiving end for far too long. Even Fred the Shred and his banker chums didn't get this much abuse stretching over many years.

What's more important is killing the retrospective element decisively in the LC context, but also so that it can't be resurrected elsewhere in another guise (like IR35). It will be interesting.

**ChimpMaster** · 22 August 2018, 15:54

Good to hear you're on the mend Phil.

Interesting and potentially exciting to hear about the legal challenge. The timeframes will be a real challenge though so the first legal ask might be to ask for Settlement and LC timeframes to be pushed back, to allow for a proper and details legal and technical discussion.

Otherwise HMRC will railroad through Settlement and the LC and this will leave little or no recourse for the victims.

**headspin** · 23 August 2018, 09:04

I was having a particular bad morning stressing about LC (I manage to bury my head in the sand every so often) but this has given me a glimmer of hope. You'll be a superhero if you pull this off, Phil.

**starstruck** · 23 August 2018, 11:07

Originally posted by headspin View Post

I was having a particular bad morning stressing about LC (I manage to bury my head in the sand every so often) but this has given me a glimmer of hope. You'll be a superhero if you pull this off, Phil.

I've been following various discussions re: a Judicial Review of the Loan Charge, which I assume this is going to be. One problem is that unless you are named on the JR you won't get the LC postponed for you pending JR outcome (which may take years). So although if the JR wins, and I hope it does, you will get a refund of LC paid (I assume), you still have to pay it in the first place. I'm no expert but that's how I read it.

**dammit chloe** · 23 August 2018, 11:24

Originally posted by starstruck View Post

I've been following various discussions re: a Judicial Review of the Loan Charge, which I assume this is going to be. One problem is that unless you are named on the JR you won't get the LC postponed for you pending JR outcome (which may take years). So although if the JR wins, and I hope it does, you will get a refund of LC paid (I assume), you still have to pay it in the first place. I'm no expert but that's how I read it.

I don't believe it's a JR, although that has been mooted, but we will know more soon.

**starstruck** · 23 August 2018, 12:39

Originally posted by dammit chloe View Post

I don't believe it's a JR, although that has been mooted, but we will know more soon.

JR on grounds that retrospection breaches human rights is the one that has always been bandied about. I wouldn't be surprised if there were a few affected parties thinking of doing this. But yes, I don't know maybe this is plan different. Whatever works is good with me!

**GammaMadrid** · 23 August 2018, 13:02

JR on retrospection was fully explored around 10 years ago. It got nowhere in the UK and nowhere in Europe.

Whatever JRM's nanny says, retrospective legislation in the UK is used frequently and often.

Legal Challenge v Loan Charge