PCG sets up Cheshire Cheese base for three-day IR35 appeal
In this issue:
- PCG Appeal of judicial review set for December 4-6, 2001
- Members' Resolutions
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1. PCG Appeal of judicial review
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The PCG is taking the Government to the Court of Appeal from December 4-6,
2001 to seek to prove that IR35 is illegal under European law.
Earlier this year, the membership of the PCG decided to continue the legal process and fund the Appeal, which will claim that IR35 contravenes
European legislation on two counts - illegal state aid and a barrier to free movement - and therefore should be removed from the Statute Books.
The original judicial review was held in the High Court in March 2001; and on April 2, 2001, Mr Justice Burton found against the PCG on the points of law; but found in the Group's favour on all findings of fact and was critical of the Inland Revenue's approach to the legislation.
PCG's Chairman, Jane Akshar, said: "The High Court found in PCG's favour on so many factual issues that we felt it was only a small step to prove that not only is this law unfair and uncompetitive - it is also illegal."
The PCG will be operating an office throughout the case and any members of the PCG and their contacts are invited to call in at any time to meet other members, directors, suppliers and some of PCG's contacts and associates.
The PCG office will be in:
The Cheshire Cheese,
5 Little Essex Street,
London WC2 - close to the High Court from early til late each day (December
4-6, 2001).
(PLEASE NOTE: This is NOT Ye Olde Cheshire Cheese in Fleet
Street).
Details of arrangements are on the PCG's press forum in a number of threads - look out for titles starting with JR:....
NB. To make this link you must be a full member of PCG and logged into the discussion forums - see info at end of message.
Counsel for PCG are Mr Gerald Barling QC and Miss Kelyn Bacon both of Brick
Court Chambers. They are instructed by Tony Askham, head of litigation at
Bond Pearce, Solicitors.
PCG will be posting a comprehensive background briefing about the case and regular statements and updates on a dedicated site:
Additional background information on the legal process and history of the
IR35 JR is available in the legal section of the PCG site:
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Members' resolutions
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There is a members' forum on the site where members can post their own resolutions and seek support. Current 'live' resolutions can be viewed at:
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PCG Press