Rangers tax case to be heard by UK Supreme Court next month

[cooponthewing 1,139]

I think he was being sarcastic.

 

Aha.. and that's why I shouldn't pick up the phone when I have just woke up after polishing off work during the night. Apologies Stugers!

[cooponthewing 1,139]

There seemed to be a move from the Scottish judiciary to move to a "common sense" approach a couple of years ago but that seems now to be reversing shown in part by oldco winning their appeal. I've been involved in a totally unrelated case and we won with a common sense kind of argument, but lost on appeal as the judges set out to reverse the decision, even to the extent that the supposedly impartial judge started testifying herself when she felt that the opposing QC had missed something.

 

As this is going to the supreme court, there may not be the same attitude and there may be more chance for English judges to adopt a slightly different approach. There's more chance in my relatively inexperienced view that the supreme court could find in HMRC's favour than had the case stayed in Scotland.

 

And now I have noticed it's snowing outside! Ever get the feeling it's going to be one of those days???

[boabie 230]

One of Scotlands top law men once said "these are not courts of justice. These are courts of law."

The law is the law. Common sense doesn't apply unless the law is altered to take account of it.

What that last panel did was ignore the law and come to a decision which was wrong.

I'm confident our case will be won.

[Uilleam 5,774]

There seemed to be a move from the Scottish judiciary to move to a "common sense" approach a couple of years ago but that seems now to be reversing shown in part by oldco winning their appeal. I've been involved in a totally unrelated case and we won with a common sense kind of argument, but lost on appeal as the judges set out to reverse the decision, even to the extent that the supposedly impartial judge started testifying herself when she felt that the opposing QC had missed something.

 

As this is going to the supreme court, there may not be the same attitude and there may be more chance for English judges to adopt a slightly different approach. There's more chance in my relatively inexperienced view that the supreme court could find in HMRC's favour than had the case stayed in Scotland.

 

I fear the worst.

We know from the front pages of The Daily Bedlam, and from other tabloids that the Justices of The Supreme Court are "Enemies of the People",

and since We Are The People....................

[Scott7 5,667]

I think Bluedell could be right. English courts have a tradition of "common sense". They call it Equity.

 

Three of the judges are Englsh but of these Lord Carnwath is thought to be conservative and possibly Lord Neuberger too. M'Lords Hodge and Reed, the Scotsmen? Who knows?

[jhunter 0]

There seemed to be a move from the Scottish judiciary to move to a "common sense" approach a couple of years ago but that seems now to be reversing shown in part by oldco winning their appeal. I've been involved in a totally unrelated case and we won with a common sense kind of argument, but lost on appeal as the judges set out to reverse the decision, even to the extent that the supposedly impartial judge started testifying herself when she felt that the opposing QC had missed something.

 

As this is going to the supreme court, there may not be the same attitude and there may be more chance for English judges to adopt a slightly different approach. There's more chance in my relatively inexperienced view that the supreme court could find in HMRC's favour than had the case stayed in Scotland.

 

what has common sense ever had to do with the law?

 

let alone Tax law

[ian1964 10,620]

The thing is the actual loophole used by MIH was plugged in November 2010, Rangers did not use it after that, the fact HMRC went after Rangers (retrospectively) and refused to settle is the thing that is annoying.

[onevision 1,491]

Common sense tells you that guy murdered the other guy or that guy is a major drug dealer and that other guy is a rapist but if you cannot prove it then they walk.

Law is really that simple.

[Bluedell 5,471]

what has common sense ever had to do with the law?

 

let alone Tax law

 

It could be something like whether it was a loan or not. Common sense says that a payment that will never be repaid is not a loan.

[RANGERRAB 3,459]

in theory they were loans which didn't need to be repaid for 100 years or whatever but obviously the 'trustee' would be dead by then & loan never repaid