IR35 challenger to draw up complaints list

The finer details of a research and analysis exercise for a legal challenge to IR35 in the public sector have been shared with ContractorUK.

Contractor Mike Gibson, who launched the challenge earlier this month, says he is set to compile a brief that will list the complaints which people have against the April framework.

To be handed to legal expert Michael Paulin, the brief will be subjected to his research and analysis to examine the complaints. He will then work out which of them constitute grounds for action.

But because the exercise will be “exhaustive,” and as the barrister will also score each of the grounds on their chance of succeeding in court, the price tag could inflate to £10,500.

It may still come in at the £7,500 initially envisioned, Gibson says in an update, but the aim is to raise £10,500, so the highest potential cost is covered and so the fee to a crowdfunding website can be paid.

Shortly after that point, Gibson and his joint-challenger Andrew Merritt-Morling, an entrepreneur, should be in a position to tackle the 'elephant in the room.'

“Everyone wants details of the specific legal points that we are using for the challenge”, they said. “We will not know this until Michael has completed the research and analysis”.

The pair also said that having looked at asking people to donate cash regularly, they will instead ask for funds at key stages of the challenge, such as stage one -- Research & Analysis.

“Neither Andrew nor myself are receiving any payment for undertaking this action,” Gibson clarified. “[But] we are giving up our time… [and] contributing [to it] financially.”

“The more we can spread the word, the more people we can get behind this -- a big voice can speak more loudly to government.” They also appealed: “Together we can make a real difference.”

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Written by Simon Moore

Simon writes impartial news and engaging features for the contractor industry, covering, IR35, the loan charge and general tax and legislation.
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