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PCG to abandon appeal
The PCG has decided to abandon its review of the appeal decision.
�he PCG I am sure, but it certainly has entrenched IR35 as legislation that will effect us all in the com�
Category: News | Tue, 22 Jan 2002

Should you use the inland revenue IR35 contract review service?
Discusses whether you should use the Inland Revenue contract review service.
�s that if you believe your contract is borderline IR35 then it isn’t really worth sending it in to the I� �same role, and only one of them passed IR35. The contracts were exactly the same. The first used a lawyer wh� �view by most contractors that if you believe your contract is borderline IR35 then it isn’t really worth sen�
Category: News | Thu, 01 Aug 2002

Employment rights claims more limited under James v Greenwich decision
A decision by the Court of Appeal has limited the ability of contractors to claim employment rights. Such claims will become exceptional under the new case law.
�clear that this decision will have any affect on IR35 . While the case law used in IR35 is the same as� �loyment rights when they are working under agency contracts. Contractor Needs To Show 'Good Reason' The case� �taking time off. James had worked under an agency contract with Greenwich Council for three years. James had�
Category: News | Wed, 06 Feb 2008

Landmark tribunal judgement tells us who is an employee
The UK Employment Appeal Tribunal in London has handed down a critical decision on the definition of a worker--it directly affects contractors who could be considered employees.
�ntants, does not alter that fact.'' Relevance for IR35 While the entire question of IR35 is not raised i� �uld employ right of substitution clauses in their contracts. The second issue is that of mutuality of obligat� �ntractual relationship or not. If it is, then the contract lies in the employment field..." Is the obligatio�
Category: News | Wed, 28 Feb 2007

Control issue dominates in IR35 victories
Contractors continue to win most IR35 court cases, showing the legislation itself is misconceived. PCG have gone far to prove this in case law. The Revenue is likely to take a similar beating over the MSC legislation.
�win the vast majority of court cases based around IR35. A similar beating is likely to be administered t� �d Comments David Royden, a lawyer specialising in contract law with Layton's Solicitors in Manchester: ''Of�
Category: News | Wed, 23 May 2007

Contractor loses IR35 appeal - substitution clause viewed as “window dressing”
Contractor loses IR35 appeal as the hypothetical contract says his relationship with the client was one of employment.
�The Revenue has overturned an IR35 appeal by Cardiff based Alternative Book Company� �he relationship was overwhelmingly of employment. Contracts No Protection Shepherd’s defence hinged on a rang� �ounds that the contractor, Keith Shepherd, had a ‘contract of service’ with his client and the relationship�
Category: News | Wed, 04 Jun 2008

Contractor ‘employment’ status clarified as Tilson ruling is overturned on appeal
Last year’s ruling granting contractor Andrew Tilson employment rights has been overturned, but with little impact on contractors’ IR35 cases.
�that the ruling will have little significance for IR35 cases, as he explains: “The [IR35] legislation al� �that Judge Smail was wrong to have dismissed the contracts as being a ‘sham’. Further weight behind the deci� �stom Transport were a sham, and that the notional contract was one of employment. According to Judge McMulle�
Category: News | Wed, 03 Feb 2010

Christa Ackroyd IR35 ruling unchanged after appeal to Upper Tribunal
The Upper Tribunal has rejected an appeal from television presenter Christa Ackroyd against the IR35 tribunal ruling that emerged in February 2018.
�ta Ackroyd has failed in a bid to have her deemed IR35 status overturned at the Upper Tribunal (UT). The� �in the absence of any clear indicator within the contract. This was in spite of the FTT’s analysis and reas�
Category: News | Mon, 28 Oct 2019

HMRC pursuit of broadcasters suffers another blow with latest IR35 tribunal defeat
HMRC has suffered another high profile IR35 tribunal defeat, casting further questions over its ability to interpret and police the legislation.
�HMRC has lost another high profile IR35 tribunal case after radio presenter and comedy wr� �ered a neutral factor, given that “Talksport were contracting for the unique expertise and work product of Mr H� �. Over this period, KPL entered into two separate contracts. Although they differed somewhat, they each requi� �. Hawksbee was paid a fee per programme, and each contract stipulated that, prior to the end of the term, th�
Category: News | Tue, 09 Jul 2019

HMRC wins IR35 appeal in Sky case involving Stuart Barnes
HMRC has overturned the First-Tier Tribunal's decision in the IR35 case involving Stuart Barnes, the former rugby player and Sky Sports pundit.
�turning the First-Tier Tribunal's decision in the IR35 case involving Stuart Barnes , the former rugby p� �urt of Appeal decision in Atholl House , that the contract's terms should be the starting point for analysis.� �cceeded at the tax tribunal. "The Sky boilerplate contracts used by all these individuals contained considera� �FTT erred in its construction of the hypothetical contract concerning Sky's right of first call over Mr Barn�
Category: News | Thu, 29 Aug 2024