im going to the high court in london on the 12/10/11 for a bankruptcy hearing. will i be able to argue my case and given time to speak. i have been petitioned by the hmrc
State/Country relating to Question: United Kingdom
Thanks for your question. Please remember to click ACCEPT once you get my answer.If it is a bankruptcy hearing then yes.The Judge can will listen to what you say and can either:1. Grant the application and make you bankrupt2. Dismiss the application3. Set the matter down for directions and a further hearing.Please remember to click accept, thank you.
Called to the Bar in 2007
How much time do I get to put my argument forward and how should I present my case i.e. The full argument or keep brief
The Judge will only have a limited time estimate for first hearing.Therefore you need to be brief and ask the Court to fully list the matter for hearing.That time estimate can be an hour or two.Please remember to click accept, thank you.
im sorry can you explian what asking the court to fully list the matter for hearing means
If there is a triable issue then the Court will not have time to hear it then but list it for full hearing.
i need more time to gather evidence for my case, do i ask for an adjournment or do i ask the court to fully list the matter for hearing or do both please advise
You should ask for an initial adjournment but you will need to tell the Court on what basis you want it - you say evidence - you need to tell the Court evidence for what.
evidence to prove the hmrc calculations/demands are wrong do you think they (the court and the hmrc) will accept this?
They may.But you really should have applied to set the demand aside - that really hurts your case.
but if i new nothing about setting the demand aside , which i didnt until now . how could i have. surely this is a logical argument. should i include this in my request.
You should explain why you failed to set it aside.
so in your opinion is the fact that i being a carpenter that is completely ignorant to such procedures a satisfactory explanation
That is not an excuse.The stat demand clearly says you should seek legal advice and you have 18 days to set it aside.As I have said - this is your biggest hurdle.
ok . one last question . im going to fax the court and the hmrc tommorow, you know what i want to ask them. please tell me how to word my request to get a positive response. thanks.dave.
You just need to write and say you want an adjournment because of .......Thats it.
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