Advice about uncertainty of litigation

The request was refused by HM Revenue and Customs.

Dear HM Revenue & Customs,

Was HMRC given legal advice, prior to the enactment of FA 2008 s.58, to the effect that had they commenced litigation the outcome of that litigation would be far from certain or could not be guaranteed?

Yours faithfully,

Simon Kloot

Request, FOI (Security Cen Pol FOI ), HM Revenue and Customs

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Coker, Monica (SI - SI Knowledge & Information Resources), HM Revenue and Customs

Dear Mr Kloot

I refer to your request dated 23 April in which you asked "Was HMRC
given legal advice, prior to the enactment of FA 2008 s.58, to the
effect that had they commenced litigation the outcome of that litigation
would be far from certain or could not be guaranteed?"

The right under FOI is to recorded information held by a Pubic
Authority. It is my view that your request constitutes a question rather
than a request for information held by HMRC. If you would like to
reformulate your request properly describing the type of information you
seek then we will treat that as a request under the Freedom of
Information Act 2000.

I draw your attend to a similar request which is available on the 'what
do they know' website which may also help if you wish to submit a
further request.
http://www.whatdotheyknow.com/request/li...
ncoming-50251

If you are not happy with this reply you may request a review by writing
to HMRC FOI Team, Room 4/52, 100 Parliament Street London SWIA 2BQ or by
e-mail to [email address] . You must request a review within
2 months of the date of this letter. It would assist our review if you
set out which aspects of the reply concern you and why you are
dissatisfied.

If you are not content with the outcome of an internal review, you may
apply directly to the Information Commissioner for a decision. The
Information Commissioner will not usually consider a case unless you
have exhausted the internal review procedure provided by HMRC. He can be
contacted at The Information Commissioner's Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire SK9 5AF.

Yours Sincerely,
Monica Coker
FOI/DPA Manager

The information in this e-mail and any attachments is confidential and may be subject to legal professional privilege. Unless you are the intended recipient or his/her representative you are not authorised to, and must not, read, copy, distribute, use or retain this message or any part of it. If you are not the intended recipient, please notify the sender immediately.

HM Revenue & Customs computer systems will be monitored and communications carried on them recorded, to secure the effective operation of the system and for lawful purposes.

The Commissioners for HM Revenue and Customs are not liable for any personal views of the sender.

This e-mail may have been intercepted and its information altered.

show quoted sections