The following IP practice note Produced in partnership with Anne Fairpo of Temple Tax Chambers provides comprehensive and up to date legal information covering:
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for intellectual property?
Valuation is required at many points in the lifecycle of an intellectual property (IP) asset, and for many different purposes, including:
sale and purchase of a business (including mergers), either on the sale of shares or on the sale of the trade and assets of a business
sale and purchase of the IP (to establish an appropriate price and to deal with accounting matters)
litigation settlements/awards (to establish appropriate compensation)
insolvency (to establish the value of the assets of the insolvent business)
financial reporting requirements (for example, to confirm the current value of IP on the balance sheet)
for tax purposes, including:
on transfer to a non-UK connected party—see Practice Note: Tax issues and incentives arising from assignment and licensing of IP
on transfer between UK connected parties where the two parties are not both companies—see Practice Note: Tax issues
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When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but which are reduced to
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
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