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Day two in the High Court... All square?

The case is now done and dusted, HMRC's lawyers have had their say, Pompey's theirs, all we can do - as was the case anyway really - is sit, wait, pray, chew our finger nails to the bone and hope that we hear positive news from the judge tomorrow afternoon...

Pompey had, you cannot help but feel, a chance to really apply the pressure to HMRC and all but win this case today - well at least see this appeal teetering on the edge of rejection - although sadly it would appear that the foot that we 'seemed' to have on their neck after Tuesday was taken off with, what seemed to be, a 'fairly weak' argument in our defence.

On day one the taxman did not seem to have put forward a strong case, the argument of being 'unfair' appeared to be the case - that in itself was not, apparently, strong enough.

So, with Pompey in a 'strong(ish)' position going into day two the chance was there to hammer home that advantage, which was, from the looks of it, lost as the 'if you grant customs their win in their appeal against the CVA that will be that for the club' is not really an argument against why the appeal should be rejected, is it?

Any advantage that we had has 'probably' been lost now...

Our saving grace 'might', well hopefully will, be that HMRC's 'its unfair' plea was weaker than our 'unfair' one, so by 'default' the appeal will be unsuccessful as there was no clear evidence to grant the taxman his appeal success?

Liquidation, by all accounts, looks the only outcome should their appeal be successful...

It will be a long night, long morning and a long afternoon until the verdict is known, which it is 'said' will come at around 3.30pm on Thursday.

You can almost guarantee that if Pompey are successful HMRC will appeal this ruling too...

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  • The Journalist

    Writer: pompeyrug Mail feedback, articles or suggestions

    Date:Wednesday August 4 2010

    Time: 9:16PM

    Your Comments

    How many appeals are available anyway?
    paultsmouth
    Well if it's anything like tennis they'll have 2 left in this set, lol!
    moley2
    My understanding is one appeal, it is not likely to go to the law lords; it's high court or bust. Bro was at court and ge felt that Pompey just left HMRC legals to the judge and concentrated on the more subjective points. We then did some checking and there is more to pompeys liquidation statement than begging, it comes as part of the Enterprise act that if there is a chance of the Administration process returning a company to a viable status then no creditor can stop that. HMRC cannot accept pompey would go into liquidation as this would put them in breach of the act and would impel the court to reject their case.
    russellm
    Good luck for tomorrow folks - Peter Storrie may deserve a kicking from HMRC, but you fans most certainly don't. Hope you get good news.
    fifthcolumnblue
    very good point russell which is why i've been pretty upbeat throughout the day. but on the appeal if it does go to the house of lords which is possible but (hopefully) very unlikely this could drag on for upto 6 months! What i expect will happen though is that the decision will be appealed on Friday and that'll be the end of it so don't expect this too be over before Friday at the earliest probably early next week :(
    pompeym@
    So if we win, they can appeal again?? this is complete and utter *********!
    nodster
    not that this is likely to happen but say HMRC win the case today (0-1), we can appeal to the CoA (Court of Appeal). If HMRC win that appeal (0-2) we lose. Say we win that appeal (1-1) then HMRC can appeal to the HoL (House of Lords) where the decisive penalty will be taken. The problem is the cost involved in going each step of the ladder. I dont think either side will appeal the decision today... pompey probably cant afford it, HMRC cant be seen to waste tax payers money.
    pompey--pessimist
    I would hope that today is the finish of this mess. But if they can appeal, so could you couldn't you?
    SFC Forever
    The way I see it is that HMRC are challenging 2 points: 1. Image rights paymnets. All sports pay these and it is a loop hole in the law and requires a change of law for HMRC to get tax on these payments. alright we might be flying close to the wind on how much we pay certain players, but it stioll requires a change of law to get tax on these payments and this can't be done in the high court, so HMRC lose. 2. Football creditors being secured creditors in cases of administration. Once again there is nothing we can do, the PL and FA (I think) have got this in their rules and we are abidding by those, in fact we can't do anything about it as the PL will use the money they get from TV revenue and sponsership deals to make these payments before that money has even come in contact with Pompey, so there is nothing once again we can do. HMRC need to take the PL etc to court to make sure they become a secured creditro. Once again HMRC should fail on this point in court.
    frattonbex
    SSN earlier stated HMRC are taking the PL or FA to court in november in order to change the rules... so i dont get their point of doing it to one team if they already know they have to tackle the problem at league board level!
    pompey--pessimist
    YES GET IN .... SUCK ON THAT HMRC!!!!!!!
    pompey--pessimist
     

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