Although nothing to do with tax while researching a tax issue today and "consent orders" I came the article below. I have to say after pondering on all the legal costs no doubt funded by the taxpayers of this country in full (including a Judicial Review) I wonder if Victims or the families of victims get the same level of legal state backing in pursuing their attackers through the courts?
Surely if you come to an agreement in court after "taking advice from your counsel" costs of subsequently running a Judicial Review are somewhat unreasonable?
If the Jones' in Artic Systems had agreed to pay the £3000 or so wanted by HMRC in court after asking their counsel, then subsequently changed their minds and appealled the decide (agreed on) I wonder is they would have been given the right of appeal by the courts?
The world and the legal system has gone mad for sure. I wonder how many tens of millions Heather got today, sorry just heard approx £24million, in the divorce courts for four years of marriage? ... thats around £16,000 for every day of marriage, plus all the money she no doubt spent while she was married to Sir Paul, holidays luxuries etc. Not bad going, and at least it was not more which I thought it probably would be so on this occasion the courts have seen a little bit of sense. But then again lots of people warned him before he married her (or at least thought so, as I sure did) "this is not going to end happily, or before very long". The only good thing is that now Heather might well end up meeting a guy after her money
as they say "what goes around comes around"...
Courts just so often seem to be detacted from reality and common sense on a week in week out basis. Too many brandy's possibly.
I am sure the legal profession are not complaining though whether defence or prosecution.
Another bit of madness found today is here for your delight...
"ASBOs "By Consent"
Successful outcome of an ASBO Judicial Review in the High Court - read Adam Fullwood 's case summary.
T (R on the application of) v. (1) Manchester Crown Court (2) Manchester City Council [2005] June 7th, Moses J.
Manchester City Council ('the Council') applied for an anti social behaviour order against T. At the hearing he was accompanied by his mother and was represented by Counsel. They were informed that an order for a period of 5 years was being sought. After taking advice from Counsel T's mother indicated that a 2-year order would be acceptable. The matter went into court and the District Judge considered the papers and granted the order as requested by the parties.
T's mother subsequently decided that the order should not have been imposed and that she made the decision under pressure.
An appeal to the Crown Court was started and this came before Recorder Farley QC. As a preliminary point the Council argued that the Crown Court had no jurisdiction to entertain the appeal as it was an appeal against a consent order. This argument was accepted by the Recorder and the appeal was dismissed.
On a claim for judicial review Mr Justice Moses quashed the decision of Recorder Farley QC. He held that an anti social behaviour order cannot be granted unless the court has satisfied itself that the conditions under section 1 of the Crime and Disorder Act 1998 have been satisfied. Accordingly the learned Recorder had fallen into error in deciding that he had no jurisdiction to hear the appeal on the basis that the order had been granted by consent. This decision is not intended to prevent parties agreeing to the terms of a proposed order but the court must satisfy itself that section 1 has been satisfied before making any such order.
The matter was remitted to the Crown Court for an appeal and the Council were ordered to pay the Claimant's costs."
For a link to this article Click Here
And you wonder where your tax paid is spent...
We are destroying the planet at a rapid pace, there are numberous wars going on around the world, violence, greed and stupidity.
Interest rates will no doubt be dropped in a time of rising inflation as this government has interest rates as it's only weapon against inflation and some people have over stretched them self on mortgages during a boom loved and bragged about by this Government. You can draft the graph quite easily really. Interest rates go down, people "feel" better, Inflation rises faster as they spend more, borrow more etc one the signals sent by Government and the Bank of England, the interest rates have to rise faster with even more pain in the end. As opposed to putting interest rates UP slightly to continue the message that inflation mush be kept down, then easing up gentle on interest rates as the economy improves.
OK so I am moaning but it just seems like the whole world is going mad by the day...
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