M. D. Eastwood
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Overview & Briefing 4
Judicial Briefing Guide for Court How the Cases Connect The Story
Orders Sought 4
Relief Sought 33 Quantum (£8.2M+ pleaded) Why One Judge Must Hear All Settlement Exposure The Costs Trap
Void Ab Initio 29:0
29 Adverse : 0 Favourable 1 in 537M 21 Void Orders (All Void) MHCM Calendar Defence Admissions Defence Contradictions Equality of Arms Filing Pattern (0/12 RA) Staff Impact (6 Resignations) Gaslighting 13
No Time Bar Applies 9 Grounds
Grounds of Voidness 23
CA-2024-001353 · s.31A SCA 1981
Appeal Overview 23 Grounds of Voidness Argument Map KB Hearing (7 June) Waiver/Estoppel
Judicial Review 12
7 bodies · 34 ECHR · permission sought
JR Targets 7 ECHR Violations 34 Institutional Failures Solicitor Misconduct Transcript Obstruction 0/12 Adjustments Granted Subject Access Requests SAR Tracker 3 overdue Pre-Action Letters Constitutional DWP Judicial Review Wheelchair Ramp
The 6 Cases 6
Chelsea Harbour Ltd (R1) Lower Richmond Properties Ltd & Vista (London) Ltd (R2, R3) Personal Damages Insolvency KB Injunction Defendants

Evidence & Documents 11
103 exhibits · 160 authorities · 1395 events
Evidence Hub Exhibits 103 Gallery Chronology 1395 Authorities 160 Key Quotes Revenue & DCF Costs Analysis OR Response + 15 Enclosures Applications All Documents
Reference & Tools 14
Ask the Case Search / Master Timeline Order Timeline CPR Heatmap CPR Dictionary Citation Index Glossary Evidence Trails Document Timeline Evidence Matrix Evidence Audit Argument Index Data Health Open Justice Assurance and Governance Health Report
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Ground JR-6
https://www.michaeldariuseastwood.com/legal
Legal/Grounds/JR-6

JR-6

Winding-Up Without RA Assessment

LOCKED MEDIUM Priority
MEDIUM PRIORITY
7/10
Probability
6/10
Impact
42
Priority Score

Mrs Huntley refusal documented. EA 2010 s.20 engaged.

HMRC pursued winding-up petition without conducting a reasonable adjustment assessment for a disabled taxpayer. Mrs Huntley refused engagement on 22 Feb 2024.

Supporting Evidence

Authorities (2)

  • Equality Act 2010 s.20
  • Equality Act 2010 s.149

Exhibits (2)

  • CA-CORR-002 HMRC Declining Reasonable Adjustments
  • CA-CORR-003 Letter to HMRC RA Request (21 Feb 2024)

Orders (1)

  • 25 September 2024 ICC Judge Greenwood Winding-Up Order VOID

Counter-Arguments & Rebuttals (2)

What the opponent will argue, and why they are wrong.

HMRC · MEDIUM Risk
They will argue

Tax collection is not a service subject to EA 2010 s.20.

Rebuttal

HMRC is a public authority. EA 2010 s.149 PSED applies to ALL functions. Mrs Huntley refused engagement one day after ADHD disclosure with psychiatric report. No RA assessment conducted. HMRC debt was reducible from GBP 243K to under GBP 43K with VAT/R&D claims. Adjustments would have prevented winding-up entirely.

Authorities: AUTH-STAT-002; AUTH-STAT-003
Rebuttal Confidence 7/10
HMRC · MEDIUM Risk
They will argue

HMRC has a statutory duty to collect tax and cannot defer collection indefinitely.

Rebuttal

The challenge is not to HMRC's duty to collect but to the METHOD. Time to Pay arrangements exist. RA adjustments exist. The debt was inflated by failure to process VAT and R&D claims. PSED requires HMRC to consider the impact on a disabled person BEFORE pursuing the most draconian remedy. Mrs Huntley refused to even discuss alternatives.

Rebuttal Confidence 7/10

Evidence Chain (1 proof trails)

EC-022 MODERATE (6/10)
Winding-up order made without evidence, after JR mentioned
Primary Evidence
HMRC-ORD-004 (Winding-Up Order, 25 Sep 2024) COURT_RECORDS MODERATE

The order exists. The question is the circumstances in which it was made.

Corroborating Evidence (4)
  • F-GREENWOOD-VICTIMISATION VERIFIED_FACT MODERATE
  • HMRC-RPT-001 (OR Rescission Report, 15 Nov 2024) INSTITUTIONAL_RECORD STRONG
  • HMRC-COR-001 (HMRC declining RA) CORRESPONDENCE STRONG
  • F-HUNTLEY-REFUSAL VERIFIED_FACT STRONG
Overall Strength: MODERATE

Ground Dependencies

If This Ground Succeeds
  • AR-9
  • HMRC winding-up petition process found unlawful. Mrs Huntley's refusal to engage on 22 Feb 2024 evidenced. HMRC RA policy reviewed.
If This Ground Fails
  • JR-5
  • G-A11
  • Court finds HMRC has no duty to assess RA in debt enforcement. Contradicts EA 2010 s.29 (services) and s.149 (PSED). Broader EA 2010 grounds still available.

Fallback: EA 2010 discrimination (G-A11) covers HMRC conduct. JR-5 attacks DWP consequences independently.

Independence: Partially dependent on other grounds succeeding.

Where This Appears

Case Assignment

Insolvency

Linked Facts (1)

FACT-EQUALITY-001

Linked Exhibits (2)

HMRC-COR-001 HMRC-COR-002

Linked Orders (1)

25 September 2024

Linked Authorities (2)

Equality Act 2010 s.20 Equality Act 2010 s.149
Admin Notice Parts: V · Relief: I · All Grounds · Relief Sought · Argument Map

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