Bryan Cave Leighton Paisner

This Brexit risk management guide identifies five key priorities for Brexit risk management and gives the heads-up on why each one is important. It includes a series of mini action lists that suggest action points for each priority area and encourage you to record your organisation’s current level of compliance.

This Practice Note, drafted by Alison Cartin of Berwin Leighton Paisner LLP, outlines the availability of principal private residence relief (PPR relief) from 6 April 2015 on the disposal of an overseas dwelling by a UK resident individual and on the disposal of a UK dwelling by a non-UK resident individual. The PPR relief provisions were amended by Finance Act 2015 when the non-resident capital gains tax (CGT) charge was introduced. It considers the restriction of PPR relief post-5 April 2015 (including the day count test, the interaction of the PPR day count test and the UK statutory residence test (SRT), the interaction of permitted absences reliefs and the restriction of PPR relief) and s 222 TCGA 1992 elections and s 222A TCGA 1992 notices.

This Practice Note, originally written by Alison Cartin of Berwin Leighton Paisner LLP and maintained by LexisNexis®, outlines how liabilities are taken into account for inheritance tax (IHT) purposes and the restrictions that apply to the deduction of liabilities in the context of estates and trusts. It covers debts and liabilities incurred by individuals and trustees, section 103 of the Finance Act 1986, the restrictions introduced by Finance Act 2013, excluded property from 6 April 2017, assets that qualify for relief from IHT (eg BPR or APR) and the payment of liabilities deducted against the estate on death.

This Practice Note, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, looks at the different insolvency procedures available to an insolvent insurance company, the difficulties unique to insurance insolvency, set-off, valuation of claims, order of priority, limitation and protection of policyholders.

This Practice Note, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, considers insurance business transfer schemes under Part VII of FSMA 2000 (also known as Part VII transfers or Part VII FSMA schemes), which allows an insurer to transfer the whole or part of its business without obtaining the consent of individual policyholders. It includes an overview of the Part VII process, the role of the regulator, consultation with regulators and the effect of an order sanctioning a Part VII transfer.

This Practice Note is archived from IP completion day onwards. Produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, it looks at the Insurers (Reorganisation and Winding up) Regulations 2004 (SI 2004/353)—the EU rules for the winding-up of authorised insurers, the modifications to the general law of insolvency implemented by the regulations, the recognition of EEA rights and third country insurers.

This archived Practice Note, written by Alison Cartin of Berwin Leighton Paisner LLP, gives an overview of the non-resident capital gains tax (NRCGT) charge that applied to certain non-UK resident persons when they disposed of UK residential property on or after 6 April 2015 and before 6 April 2019.

This Practice Note written by Alison Cartin, Associate Director at Bryan Cave Leighton Paisner LLP explains the role of the protector of a trust, the reasons why a settlor might choose to appoint a protector and the powers and liabilities of a protector. It also explains how to appoint a protector and issues to consider when drafting a trust with a protector.

This Precedent is an advertisement (or advert), produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, advertising the meeting of creditors under a scheme of arrangement, as ordered by the court.

This Precedent is a Chairman’s (or chair’s) report of a meeting of creditors in a scheme of arrangement. This sets out to the court the results of that meeting. This is produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP.

This Precedent is a claim form (CPR Part 8), produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, for an application to court by a company for a scheme of arrangement under Part 26 of the Companies Act 2006. This claim form sets out the terms of the order sought sanctioning the scheme, together with appropriate directions in relation to the summoning and conduct of meetings of creditors to consider and, it thought fit, approve the scheme.

This Precedent, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, is an explanatory statement for a scheme of arrangement of a company, to be used when applying for a scheme of arrangement under Part 26 of the Companies Act 2006.

This Precedent, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, sets out the full timetable for a scheme of arrangement (also known as part 26 schemes or s 895 schemes), including when to draft the documentation, when to apply to court, who and when to make notifications to and when to advertise.

This Precedent, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, is an order of the court ordering that a creditors meeting be convened (ie a convening order) relating to a proposed scheme of arrangement under Part 26 of the Companies Act 2006.

This Precedent is an order of the court sanctioning the scheme of arrangement (a sanction order), produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP.

This Precedent, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, is for a scheme of arrangement between a company and its creditors under Part 26 of the Companies Act 2006.

This Precedent, produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner LLP, sets out what needs to be covered by the insolvency practitioner chairman of the meeting of scheme creditors (also known as a Part 26 scheme or section 895 scheme).