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Pompey win - HMRC waive appeal

After hours of deliberating over his decision Mr Justice Mann has decided not to allow the HMRC plea to overturn the CVA.

The case however will not now go to the Court of Appeal tomorrow as the HMRC have decided against that course of action.

Mr Justice Mann said: "I propose to find in favour of the company administrators and dismiss the application of HMRC."

The judge said the proposed CVA would stand.

In his verdict Mann said 'I find that none of the five heads of attack by HMRC amount to unfair prejudice nor have they been materially affected.

'In my view, HMRC will not be worse off by the situation left by the CVA bearing in mind what the alternatives could be for the club.

'Those alternatives are liquidation, or expulsion from the Football League or worse, bearing in mind the loss of a lot of their assets.'

The judge said that without the Company Voluntary Agreement, there was no hope of keeping the club afloat. He went on: 'There is no worthwhile way of money coming into the club other than by the CVA.'

He said that in his opinion Balram Chainrai was the only possible new owner.

He said: 'Mr Chainrai was the owner of the club at the time of its demise and he is the only possible new owner now. There is no reason to suppose there is anyone else interested at all that would keep the club's status in the Championship.'

In a statement, HMRC said: 'HMRC is naturally disappointed not to have won this appeal and we can confirm that we do not intend to appeal.

'Our aim when pursuing debt of any kind is to achieve a fair outcome for the taxpayer and we will take this forward in the wider context of the football industry through separate and outstanding legal proceedings over the status of the so called "Football Creditors Rule.

'This is an important and complex judgment and until we have had the opportunity to study it in detail we can't comment further.'

After the verdict ewas announced Pompey's administrators immediately asked the court for 230,000 costs from the taxman.


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The Journalist

Writer: eastneydave Mail feedback, articles or suggestions

Date:Thursday August 5 2010

Time: 4:14PM

Your Comments (oldest first)

Change to most recent first
I will try and get more news to you when it is available.
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05/08/2010 16:16:00

Is that a chink of light at the end of the longest ever tunnel?
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05/08/2010 16:19:00

Let's hope that it is not the lights of an oncoming train, Paul. It's more likely to be Gaydamak looking for his money.
Report Abuse
05/08/2010 16:22:00

Report Abuse
05/08/2010 16:23:00

The News are reporting that there will NOT be an appeal by HMRC.
Report Abuse
05/08/2010 16:25:00

How can they continue to appeal. Is it down to the judge to say enough is enough?
Report Abuse
05/08/2010 16:25:00

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05/08/2010 16:28:00

uktony - the judge cannot advise with appeals. it was upto HMRC to decide if they could argue any points of law. and i think they realised they couldnt. they will attach the fa in court in november i believe and they will go to town on them clearing up corruption in football... and fair play to them if they succeed. we should be one of the first football teams to learn from mistakes and be in order from now on!
Report Abuse
05/08/2010 16:30:00

Is this true - that there is not going to be an appeal? . . Can it really be so? Is the nightmare really over?
Report Abuse
05/08/2010 16:33:00

scott mc
Report Abuse
05/08/2010 16:34:00

This means we can get on with thinking about football and matches and the team again. How bizarre is that!
Report Abuse
05/08/2010 16:53:00

Sorry folks for article constantly but trying to keep you up to date without a TV and SSN!! No appeal is definite.
Report Abuse
05/08/2010 17:00:00

Thank the Almighty for that. At least we have a future, even if it will be a tough one. i still think that the ****s that got us into this mess should be up against 'the wall'. Let's hope the current 'owner' who I don't trust will do something decent by us. Asking for 2 miracles now!!!
Report Abuse
05/08/2010 17:02:00

Wonderful news at last. Is Chanrai expected to take control again now? When will we ba able to move out of administration?
Pompey Malta
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05/08/2010 17:12:00

Pheeeeeeeew. Can't believe HMRC won't appeal - I was beginning to think this would never end... Not that it's ended just yet I suppose, but at least now there is a bit of light at the end of the tunnel. It's a huge step in the right direction. I'm not going to think about the crooks who got us into this situation right now - I'll save that for another day. Tonight I'm going to go out and have a few jars to celebrate the survival of my beloved PFC. Play Up Pompey!
Report Abuse
05/08/2010 17:43:00

Admin Andy wasnt there neither the new guy,cotterill said we will be ok,so that makes it look like they really knew the outcome would be good and were probably in talks to get Boeteng out the door to pay the CVA.
Report Abuse
05/08/2010 18:18:00

'Our aim when pursuing debt of any kind is to achieve a fair outcome for the taxpayer and we will take this forward in the wider context of the football industry through separate and outstanding legal proceedings over the status of the so called "Football Creditors Rule.' This, of course, is what they should have done in the first place instead of screwing up the start of our season in the Championship.
Report Abuse
05/08/2010 18:27:00

Well done Pompey from all at Man City
Report Abuse
05/08/2010 18:28:00

Cheers Willy, nice to have some backing. We know "we did wrong" - but not the fans - the previous owners, and they've long gone...
scott mc
Report Abuse
05/08/2010 18:41:00

Best news we've had in a very very very long time....let's put all this horrendous brinkmanship behind us, sell the club. strengthen the squad, and put one up everyone who wanted to see us destroyed. Is the season really starting on Saturday? Best of luck Mr Cotterill, we're all behind you!
Report Abuse
05/08/2010 18:49:00

well that is good news to wake up to, now lets get the playing team in order....
Report Abuse
05/08/2010 18:54:00

tee hee hee! chortle! giggle!
Report Abuse
05/08/2010 19:23:00

glad you are still around guys!
Report Abuse
05/08/2010 20:53:00

Brilliant !
Report Abuse
05/08/2010 21:33:00

im still slightly concerned we are only showing THREE 1st team defenders... will we play 3-5-2 on saturday?! =)
Report Abuse
05/08/2010 21:50:00

YYYYEEEEEEHHHAAAAAWWWWWW PLAY UP POMPEY!!! Perfect start to the season.. lets kick some sky blue arse
Report Abuse
06/08/2010 00:55:00

And one of those isn't Jordan - sneaky bu@@er just joined Sheffield United!
Report Abuse
06/08/2010 07:21:00

Good news for all you Pompey fans, I hope Cotterill does well for you and starts to get the focus back on football at your club.
Report Abuse
06/08/2010 10:58:00

Thanks for the best wishes/congrats from visiting fans.
Report Abuse
06/08/2010 12:26:00

The lawyers for HMRC should be dismissed. They have cost taxpayers more money. Why don't they settle the preferred creditors ruling by taking the FA and FL to court and challenging them? Now rise from the ashes Pompey.
Report Abuse
06/08/2010 13:18:00


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