See Practice Note: CGT—basic principles for trusts for guidance on capital gains tax payable by trustees when they actually dispose of assets and when they make deemed

Intra-group company loans are common in group finance structures. These are often documented using accounting entries, so it is not necessary for cash to physically transfer between the different entities. However, directors should be mindful that the loan will still be repayable even if no cash was physically received. There may also be implications if the lending company subsequently becomes insolvent and its appointed office-holder

An intranet is a computer network accessible only to a limited group of people—usually a company’s employees—and not to the general public. They usually take the form of a set of web pages for sharing company-specific information. Extranets are similar but accessible to a wider group of people such as customers, subscribers or suppliers depending on the nature of the business. As explained in Practice Note: Cookies and other storage and access technologies: ‘Cookies are small data files stored on a user’s computer, phone or tablet. They allow an online service, such as a website, to recognise an individual user and store certain information about them such as login details, the contents of shopping baskets and site preferences.’ Do intranets use cookies? Most intranets will use cookies of some kind—most likely, first party cookies for the purposes of remembering a user’s preferences or login details. It is less likely that third party cookies will be used, although it is possible for more complex

Under the UK-US Agreement to improve International Tax Compliance and to Implement FATCA (the UK/US IGA) and the International Tax Compliance (United States of America) Regulations 2014 (the UK Regulations), UK resident law firms handling UK resident trusts and trustees may be required to register with the IRS. The UK Regulations and the UK/US IGA contain intricate and complex provisions which must be considered carefully by

Our Practice Note: Children in need—provision of services explains that local authorities must take reasonable steps to identify children in need within their area and undertake an assessment of those needs. Relevantly, a disabled child is considered to be in need of care. Where a child has been assessed as having special needs, the local authority is required to provide a range and level of services appropriate to those needs in order to safeguard the child’s welfare: section 17 of the Children Act 1989. The provision of assistance may be unconditional, conditional, or subject to a requirement that all or some of the

The short answer to this Q&A is yes if the managing agent is acting on behalf of a landlord of a dwelling which is subject to a domestic tenancy but no if the work is not being done in respect of a tenancy which is not a domestic tenancy. Housing (Wales) Act 2014, s 11 states that a person acting on behalf of the landlord of a dwelling subject to a domestic

A freezing order may be applied for in matrimonial/civil partnership proceedings and/or financial remedy proceedings either under section 37 of the Matrimonial Causes Act 1973 (MCA 1973), (or Schedule 5, Part 14, para 74 to the Civil Partnership Act 2004 (CPA 2004)) or under the inherent jurisdiction under section 37 of the Senior Courts Act 1981 (SCA 1981). It is possible to apply in either instance before proceedings are started (see Family Procedure Rules 2010 (FPR 2010), SI 2010/2955,

In McTear (as liquidator of CJ & RA Eade LLP (in liquidation)) v Eade, the court held that members of a LLP are potentially subject to the same common law and equitable duties as directors and that the application of those duties would depend on each member’s role. In this case, the designated

Planning permission for mezzanine floors Under section 55(2)(a) of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is not required for the carrying out for the maintenance, improvement or other alteration of any building of works which affect only the interior of the building, or do not materially affect the external appearance of the building. This includes mezzanine floors, subject to exceptions for retail premises (see below). However, this position can be modified by way of a planning condition, planning obligation or a development order made by the Secretary of State. Under Article 44

Where the obligation for an EPC is triggered in respect of a mixed use building: • a separate EPC is required for each dwelling within the building, and • whether or not a single EPC can be used for the remainder of the building depends on whether the building has a common heating system, and/or conditioned communal space An energy performance certificate (EPC) is required whenever a building is erected, sold or let. It may also be required when a building is refurbished. The requirements for an EPC: • in relation to the sale, letting or marketing of a building, are set out in and the Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118 (EPC Regulations) • in relation to construction or refurbishment of a building, are set out in the Building Regulations 2010, SI 2010/2214 (Building Regulations) For more information on when an EPC is required, see our subtopic: Energy performance certificates and minimum energy efficiency requirements (MEES)—overview. Different assessment criteria

A company formed on or after 1 October 2009 under the Companies Act 2006 (CA 2006) that has adopted a form of model articles will have unrestricted objects, meaning that the company has the corporate capacity to do anything that is not unlawful (CA 2006, s 31). This is in contrast to the position under the Companies Act 1985, where a company

In order to be effective to grant security to the mortgagee, a mortgage does not need to be executed by the mortgagee as well as the mortgagor (see: Target Holdings Ltd v Priestley, Helden v Strathmore Ltd and Rollerteam v Riley). A mortgage is a disposition of an interest in land and therefore only needs to be executed, as a deed, by the mortgagor, per sections 52 and 53 Law of Property Act 1925 and s 1 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989); it is not an agreement to dispose of an interest in land (which would be subject to LP(MP)A 1989, s 2), which requires such an agreement to be in writing and signed by or on behalf of both parties, whether in one document or identical