Clarke Willmott

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Contributions by Clarke Willmott

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EPC, split EPC and multi-party contract projects
Practice notes

This Practice Note examines each of the most commonly used methods of procurement for energy projects in the UK (EPC, split EPC and multi-party contract procurement) and identifies advantages and disadvantages for each.

The HGCRA 1996 and energy projects—the issue of mixed contracts
Practice notes

This Practice Note considers the circumstances in which the Housing Grants, Construction and Regeneration Act 1996 applies to energy projects in the UK, and some of the issues which arise in practice.

The importance of testing in energy projects
Practice notes

This Practice Note focuses on the importance of testing procedures and defects mechanisms under the FIDIC Silver Book (1999 and 2017 editions) and other commonly used construction contracts in the energy sector. The Practice Note looks at practical considerations which need to be considered in energy projects in relation to completion, take over and testing.

Time and delay damages in energy projects
Practice notes

This Practice Note examines the delay damages mechanisms in place to protect an employer in the event of delay, and the relevant clauses of the FIDIC contracts and some of the other standard form contracts used in the energy sector relating to delay damages.

Contributions by Clarke Willmott Experts

51

Bare trusts—IHT
Practice notes

This Practice Note explains that a ‘bare trust’ is an arrangement where the legal ownership of property is in a different name from that of the person beneficially entitled to it. It considers some of the situations in which a bare trust might arise and why they might be used, the inheritance tax (IHT) status of a bare trust and the duties of a bare trustee.

Bare trusts—income tax and CGT
Practice notes

This Practice Note explains how trustees of bare trusts are treated for income tax and capital gains tax (CGT) purposes. It provides examples of bare trusts and the reporting and compliance obligations of trustees and beneficiaries of such trusts.

CGT—basic principles for trusts
Practice notes

This Practice Note considers the basic capital gains tax (CGT) principles which apply to trusts, including the CGT consequences of an individual transferring property into a trust, the trustees making actual or deemed disposals of trust property and transfers between trusts.

CGT—hold-over relief for trusts and individuals
Practice notes

This Practice Note provides an overview of hold-over relief from capital gains tax (CGT), with particular emphasis on the operation of the relief in the context of trusts. It also explains the conditions that need to be satisfied in order to claim hold-over relief, how to make and withdraw a claim and the restrictions on the relief, including in the context of settlor-interested trusts and transfers to non-UK residents.

Discretionary trusts—income tax
Practice notes

This Practice Note explains how income tax applies to discretionary trusts (and trusts where income may be accumulated). It includes a discussion of the types of income a trust may receive, deductions the trust may make (trust management expenses (TMEs)) and the rates of tax that apply.

Enforcement case study—pre and post action protection and recovery
Practice notes

This Practice Note, produced in conjunction with Phil Roberts of Clarke Wilmott , provides a case study for consideration of the different means, in both a pre-action and post action context, of protecting a prospective/actual judgment creditor in terms of debt recovery—here a supplier of shoes. It covers the basic concepts of guarantees, retention of title clauses and enforcement processes such as charging orders and third party debt orders with links through to related content on these subjects.

I have obtained County Court judgment for £4,000—what are my options?
Practice notes

This Practice Note, produced in conjunction with Phil Roberts of Clarke Willmott LLP, outlines the different methods of enforcement available from the perspective of someone having just obtained a County Court judgment for £7,500.

I have obtained High Court judgment for £100,000—what are my options?
Practice notes

This Practice Note, produced in partnership with Phil Roberts of Clarke Willmott LLP, outlines the different methods of enforcement available from the perspective of someone having just obtained a High Court judgment for £100,000.

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