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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In 2011 the high court awarded my club c£34 against HMRC which

Customer Question

In 2011 the high court awarded my club c£34 against HMRC which was duly paid.
In 2014 HMRC say the court of appeal ruled against that judgement
Can you tell me if the Court of Appeals judgement takes effect from the date of their judgement or eradicates the high courts judgement enabling HMRC to claim interest from the time they paid my club please?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Has the appeal been listed yet?Alex
Customer: replied 1 year ago.
Yes Alex, the appeal was heard in 2014 and HMRC requested repayment plus interest. HMRC said the court of appeal ruled in their favour. This was an untruth as the court referred the case back to the lower court for reconsideration. Does a referral back constitute an overruling of the high court's decision or does the high court's ruling in our favour stand until the high court has reconsidered?
Expert:  Ash replied 1 year ago.
Just to be clear, the original decision has never been overturned, just re-considered?
Customer: replied 1 year ago.
The court of appeal sent the case back to the high court to be considered. This is acknowledged but the date for the hearing has not been set
Customer: replied 1 year ago.
sorry "Reconsidered"
Expert:  Ash replied 1 year ago.
Ok - well in that case the original decision stands. It has not overturned the decision. its not an overruling it just the Court of Appeal saying - please double check your decision, are you sure?If the answer is yes, then the original decision stands. Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
That is great thank you. That is it for now
Barry
Expert:  Ash replied 1 year ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Sorry to bother you again Alex, but I just noticed we have not discussed the interest charge. Is it contempt of the High Court for HMRC to charge interest from the date of their original payment to the date of the alleged Court of Appeal decision?
Expert:  Ash replied 1 year ago.
Contempt no. If the original decision is overturned then its like the original decision was never made and they can charge interest. Does that clarify?
Customer: replied 1 year ago.
Unfortunately Yes. Can't win em all?
Thank you
Expert:  Ash replied 1 year ago.
Sorry! Alex