Peel businessmen Jonathan and Jamie Irving have been refused permission to appeal to the Privy Council in their long-running legal battle over the winding up of their property development company Street Heritage.
But Mr Irving insisted: ‘This matter is not concluded’.
The Irvings had claimed £3.5m in damages from the government for financial loss and ‘distress, anxiety, uncertainty and trauma’.
Their petition of doleance claim, against the then Attorney General John Corlett, government advocate and now Attorney General Stephen Harding, assessor of income tax Malcolm Couch, deputy assessor Colin Goodwin and former chief secretary Mary Williams, was dismissed in 2011 by High Bailiff John Needham.
He ruled the case was ‘unmeritorious’ and had no real prospect of success. The Irvings appealed but that appeal was dismissed in 2012. Later that same year the appeal court also refused permission to appeal to the Privy Council and ordered the Irvings to pay costs.
In November last year, the appeal court refused an application by the Irvings to revisit previous judgments.
Now the judicial committee of the Privy Council has ruled that permission to appeal should be refused because there are ‘no arguable grounds’ for challenge.
The move will pave the way for the various government parties that the Irvings unsuccessfully sued to recover their costs.
But Mr Irving told the Examiner: ‘This further travesty can only be described as a consequence of ‘postcode justice’.
‘I proved in 2010 to an independent tribunal it was the government’s wrongdoing that caused the downfall of my companies and yet nearly six years later we are still yet to obtain a remedy. The Privy Council has in effect let the government off the hook.’
Street Heritage was wound up in February 2010 over unpaid taxes totalling more than £182,000.
Deemster David Doyle told the High Court he had no hesitation in granting a winding up order after hearing the company was unable to pay its debts. The Irvings insist they had funds available to clear the tax in full but their advocate did not attend the hearing, which lasted just 15 minutes.
They are currently suing Street Heritage’s former lawyer Jerry Carter for several millions of pounds for alleged negligence, breach of contract and personal losses. Those claims are denied. The Irvings are also vigorously defending directors’ disqualification proceedings.
Suspended Attorney General Stephen Harding faces 14 allegations of misconduct in relation to his role as government advocate at the 2010 winding up hearing.