How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

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, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice