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Top Working Tax Credit & Child Tax Credit topic #3798

Subject: "Humphreys v HMRC" First topic | Last topic
Dan_manville
                              

Caseworker, Birmingham Tribunal Unit
Member since
08th Jun 2004

Humphreys v HMRC
Thu 26-Nov-09 01:05 PM

Remember this? Substantial minority shared care?

The UT website tells us that, leave having been granted in March, "float on 1 or 2 December" What does that mean?

I have a case that may hinge on some of the issues in debate.

  

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Replies to this topic
RE: Humphreys v HMRC, rwilkinson, 26th Nov 2009, #1
RE: Humphreys v HMRC, clairehodgson, 26th Nov 2009, #2
      RE: Humphreys v HMRC, rwilkinson, 26th Nov 2009, #3
           RE: Humphreys v HMRC, clairehodgson, 26th Nov 2009, #4
                RE: Humphreys v HMRC, rwilkinson, 26th Nov 2009, #5
                     RE: Humphreys v HMRC, John Birks, 01st Dec 2009, #6
                          RE: Humphreys v HMRC, clairehodgson, 01st Dec 2009, #7
                               RE: Humphreys v HMRC, rwilkinson, 01st Dec 2009, #8
                                    RE: Humphreys v HMRC, clairehodgson, 01st Dec 2009, #9
                                         RE: Humphreys v HMRC, John Birks, 18th Dec 2009, #10
                                              RE: Humphreys v HMRC, Derbyshire, 18th Dec 2009, #11
                                                   RE: Humphreys v HMRC, clairehodgson, 18th Dec 2009, #12
                                                        RE: Humphreys v HMRC, Dan_manville, 22nd Dec 2009, #13
                                                             RE: Humphreys v HMRC, rwilkinson, 11th Jan 2010, #14
                                                                  RE: Humphreys v HMRC, John Birks, 18th Jan 2010, #15
                                                                       RE: Humphreys v HMRC, shawn, 11th Feb 2010, #16
                                                                            RE: Humphreys v HMRC, John Birks, 12th Feb 2010, #17
                                                                                 RE: Humphreys v HMRC, rwilkinson, 12th Feb 2010, #18
                                                                                      RE: Humphreys v HMRC, Derbyshire, 12th Mar 2010, #19

rwilkinson
                              

Service Development Manager, Bolton Dist Citizens Advice Bureau
Member since
20th Jan 2004

RE: Humphreys v HMRC
Thu 26-Nov-09 01:18 PM

I saw that 'float' thing the other day on UT site. The last time i checked that website previous to that, it said 'to be heard on Dec 1st or 2nd'. Not sure if it means the same?

  

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clairehodgson
                              

solicitor, CMH Solicitors, Durham
Member since
09th Apr 2009

RE: Humphreys v HMRC
Thu 26-Nov-09 02:06 PM

it means its a floater and may or may not get on depending on what else kicks off and how long that takes... so for instance, it may be that something is listed before it expected to take, say, half a day, but ends up taking the full day .. the floater carries on floating about court, no one doing anything save waiting to be called.

often, the reps will find out more definitively beforehand whether it remains a floater or has a defined date/time.

  

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rwilkinson
                              

Service Development Manager, Bolton Dist Citizens Advice Bureau
Member since
20th Jan 2004

RE: Humphreys v HMRC
Thu 26-Nov-09 02:21 PM

Nice one Claire, thanks.

Generally do we know how long it would take to get the full decision on to the website form the hearing date? Or is that like asking how long a piece of string is?

Rich

  

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clairehodgson
                              

solicitor, CMH Solicitors, Durham
Member since
09th Apr 2009

RE: Humphreys v HMRC
Thu 26-Nov-09 02:46 PM

"Or is that like asking how long a piece of string is?"

that'll be it then....

also, judgement might be reserved, of course!

  

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rwilkinson
                              

Service Development Manager, Bolton Dist Citizens Advice Bureau
Member since
20th Jan 2004

RE: Humphreys v HMRC
Thu 26-Nov-09 09:31 PM

Thu 26-Nov-09 09:31 PM by rwilkinson

Or a floating piece of string ha ha

thanks Claire

  

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John Birks
                              

Welfare Rights Officer, Stockport Advice
Member since
02nd Jun 2004

RE: Humphreys v HMRC
Tue 01-Dec-09 02:19 PM

I have a case waiting on this matter.

Waiting for a long time too.

It's very sad to see the case described as a floater.... I thought the matter had significant merit.

  

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clairehodgson
                              

solicitor, CMH Solicitors, Durham
Member since
09th Apr 2009

RE: Humphreys v HMRC
Tue 01-Dec-09 05:40 PM

floating has nothing to do with its merits, only to do with whether it has a fixed date/time for hearing or not... as explained above, it'll "float" that day and may get on if the court has time. it would then, probably get a fixture next time.

frankly, i'm surprised to still see stuff floating...especially there!

  

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rwilkinson
                              

Service Development Manager, Bolton Dist Citizens Advice Bureau
Member since
20th Jan 2004

RE: Humphreys v HMRC
Tue 01-Dec-09 05:51 PM

If you go on the HMCS case tracker thingy (that the technical term), the reference for this case is 20090891

  

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clairehodgson
                              

solicitor, CMH Solicitors, Durham
Member since
09th Apr 2009

RE: Humphreys v HMRC
Tue 01-Dec-09 08:14 PM

Tue 01-Dec-09 08:16 PM by clairehodgson

it's for tomorrow, not before 10.30.

http://www.hmcourts-service.gov.uk/cms/cause.htm

  

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John Birks
                              

Welfare Rights Officer, Stockport Advice
Member since
02nd Jun 2004

RE: Humphreys v HMRC
Fri 18-Dec-09 12:48 PM

Any word on this one at all?

  

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Derbyshire
                              

Welfare Rights Officer, Derbyshire County Council Welfare Rights Service
Member since
25th May 2005

RE: Humphreys v HMRC
Fri 18-Dec-09 03:16 PM

no idea but I was wondering the same myself - as I imagine you know, TS website still says Float on 1 or 2 December. I don't know how to check whether it was actually heard or whether there has been any re-listing. Maybe someone out there does.....

Tony

  

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clairehodgson
                              

solicitor, CMH Solicitors, Durham
Member since
09th Apr 2009

RE: Humphreys v HMRC
Fri 18-Dec-09 07:23 PM

Fri 18-Dec-09 07:24 PM by clairehodgson

it was heard, that was the link i posted, so i imagine the CA are considering their decision. keep an eye on the list for the date judgement will be handed down, and then it will also appear on BAILII the same day

the list changes every day, of course, but the link i posted above will now take you to the current list... tonight, it's showing what's on for monday...

  

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Dan_manville
                              

Caseworker, Birmingham Tribunal Unit
Member since
08th Jun 2004

RE: Humphreys v HMRC
Tue 22-Dec-09 01:18 PM

Thak you Claire...

  

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rwilkinson
                              

Service Development Manager, Bolton Dist Citizens Advice Bureau
Member since
20th Jan 2004

RE: Humphreys v HMRC
Mon 11-Jan-10 11:03 AM

Is there still nothing on this?


Rich

  

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John Birks
                              

Welfare Rights Officer, Stockport Advice
Member since
02nd Jun 2004

RE: Humphreys v HMRC
Mon 18-Jan-10 10:08 AM

Still no movement?

Any idea's if it was heard in December?

  

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shawn
                              

editorial director, rightsnet
Member since
28th Jul 2005

RE: Humphreys v HMRC
Thu 11-Feb-10 12:21 PM

judgment now out .... appeal dismissed ...

'We have not found this an easy matter to decide. But taking into account everything we have said about the similarities and differences between this case and Hockenjos, and allowing for the broad margin of appreciation, we have come to the conclusion that the Commissioners have established a sufficient justification for drawing the line where they have and adhering to a system of single payment of CTC. There may well be a better or fairer way of distributing CTC, but a particular policy choice has been made and it cannot in our judgment be characterised as unreasonable or as being manifestly without reasonable foundation.'
http://www.bailii.org/ew/cases/EWCA/Civ/2010/56.html

  

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John Birks
                              

Welfare Rights Officer, Stockport Advice
Member since
02nd Jun 2004

RE: Humphreys v HMRC
Fri 12-Feb-10 01:03 PM

oh ffs

  

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rwilkinson
                              

Service Development Manager, Bolton Dist Citizens Advice Bureau
Member since
20th Jan 2004

RE: Humphreys v HMRC
Fri 12-Feb-10 01:08 PM

Well said. I just dont grasp the wider policy context/justification to this

  

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Derbyshire
                              

Welfare Rights Officer, Derbyshire County Council Welfare Rights Service
Member since
25th May 2005

RE: Humphreys v HMRC
Fri 12-Mar-10 09:37 AM

Anybody know whether there is likely to be a further appeal in Humphreys?

Tony

  

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Top Working Tax Credit & Child Tax Credit topic #3798First topic | Last topic