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GLOSSARY
The reduction of the principal amount over time (often contrasted to a bullet repayment).
PRACTICE NOTES
The general rule under the corporate intangible assets regime in Part 8 of the Corporation Tax Act 2009 (CTA 2009) is that a company’s gains and losses in respect of its intangible fixed assets (IFAs) are computed and brought into account as credits and debits for corporation tax purposes in line with the accounting treatment of those IFAs. In other words, a company’s accounts, prepared in compliance with generally accepted accounting practice (GAAP), provide the basis from which the taxable and relievable items and amounts in respect of a company’s IFAs are derived. This principle is often referred to as ‘tax following the accounts’. The tax following the accounts principle means that where an accounting loss is recognised in determining a company's profit and loss in respect of capitalised expenditure on creating or acquiring an IFA, either by way of amortisation or as a result of an impairment review, a debit is generally brought into account for tax purposes. This provides tax relief for the depreciation of an IFA over its useful life. As an alternative
GLOSSARY
Amortisation refers to the principal amount of the debt being repaid in instalments over the life of the loan. It can be contrasted with a bullet repayment where the principal is paid in one instalment at the end of the life of the loan. The repayments in an amortising loan are often split into equal amounts, payable at regular intervals, for example quarterly or six-monthly. Another common repayment structure for amortising loans, is for the final instalment to be larger than the rest. This is known as a 'balloon repayment'. Alternatively, If the borrower's business is seasonal, the repayment instalments may reflect this with the borrower obliged to make larger repayments when its cashflow is forecast to be at its highest. Interest is typically calculated at regular intervals on the outstanding principal of a loan. Therefore, the key advantage of using an amortising payment schedule is that, because the outstanding principal regularly reduces, less interest is payable overall than would be the case with a bullet repayment.
GLOSSARY
A type of transmission used in either the standard radio broadcast band at 535–1705 kilohertz, shortwave broadcasting, and in some private radio services such as citizens band (CB) and aviation.
NEWS
Arbitration analysis: In this latest installment of the post-Yukos litigation in the Netherlands, the Amsterdam Court of Appeal decided on the last remaining part of the Russian Federation’s setting aside petition against the USD$50bn ECT awards obtained by the former Yukos majority shareholders Veteran Petroleum Ltd, Yukos Universal Ltd, and Hulley Enterprises Ltd (‘HVY’) in 2014. The proceedings before Amsterdam Court of Appeal were limited to an assessment of the Russian Federation’s claim that HVY had committed fraud in the arbitration by (i) making false statements in the arbitration, (ii) withholding documents from the tribunal and the Russian Federation, and (iii) making a secret payment to one of HVY’s main witnesses. On this basis, the Russian Federation contended that the ECT awards violated Dutch public policy. The Amsterdam Court of Appeal’s carefully reasoned judgment demonstrates that Dutch courts take fraud allegations very seriously, but also that a party wishing to raise such allegations must do so at the earliest opportunity and cannot wait until a later stage in the setting aside proceedings before the Dutch courts. Written by Hetty de Rooij, lecturer and external PhD-researcher at Leiden University.
NEWS
Law360: A London court ruled 9 May 2024 that two reinsurers are entitled to cap at £1m a range of expenses they are required to pay after they acquired AmTrust's economic interests in a Lloyd's syndicate.
Q&As
The answer will depend on the specific tenancy agreement. For the purposes of this Q&A, we have assumed that the landlord is not a social housing provider and we have not focussed on the procedure relating to recovering possession after a valid s 21 notice has been served or matters which affect the validity of any s 21 notice. This wording in such an AST leaves some doubt as to the type of tenancy currently in place. Whether a notice is served under s 21(1) or s 21(4) of the Housing Act 1988 (HA 1988) the minimum period of notice which must be given is two months. Further,
Q&As
On the basis that the assured shorthold tenancy (AST) has specific provision for the named permitted occupier, and assuming that the rent has always been paid to the landlord by the tenant rather than by the permitted occupier, it does not appear there would be any basis on which the permitted occupier could assert that they have any type of direct tenancy between them and the landlord. It is important to obtain an order for possession against the named tenant in the AST so as to: • formally bring to an end the AST • safeguard against any potential claim for unlawful eviction This
Q&As
This Q&A deals with the practical difficulties landlords may face in circumstances where they wish to serve a section 21 notice (section 21 of the Housing Act 1988 (HA 1988)), but the deposit has not been protected in an authorised tenancy deposit scheme (TDS). In particular, a failure to place a deposit in a TDS and comply with the ‘initial requirements’ imposed by the authorised TDS will prevent a landlord from utilising the section 21 procedure under HA 1988. For more information, see Practice Note: Tenancy deposit schemes. The landlord will still be unable to serve a section 21 notice where they have taken steps to protect the deposit late,
Q&As
Case study An assured shorthold tenancy (AST) was granted in April 2016. At that time there was a gas safety certificate which was issued in March 2016: • is it possible to serve a section 21 notice before obtaining the new gas safety certificate? • section 21A of the Housing Act 1988 (HA 1988) and the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015, SI 2015/1646, reg 2(1)(b) which are read with the Gas Safety (Installation and Use) Regulations 1998, (Gas Safety Regs), SI 1998/2451, reg 36(6). Gas Safety Regs, SI 1998/2451, reg 36(6)(a) seems to require a copy of the gas safety record check to be given to the tenant (not within 28 days by virtue of the Assured Shorthold Tenancy Notices and Prescribed Requirements
Q&As
Within 30 days of receipt of a rent deposit, the landlord must comply with the initial requirements of the Tenancy Deposit Scheme (TDS) by giving the tenant (and any person who pays the deposit on the tenant's behalf (ie the ‘relevant person’)) certain prescribed information about the TDS, the deposit and the assured shorthold tenancy (AST) (see section 213(3)–(6) of the Housing Act 2004 (HA 2004) (as amended) and our Practice Note: Tenancy deposit schemes). Failure to do so has potential consequences. It has been assumed that this Q&A relates to a tenancy within England and that the rent deposit itself has been properly dealt
Q&As
Since 28 February 1997 the majority of assured tenancies are assured shorthold tenancies (ASTs). Any tenancy granted after 28 February 1997 is automatically an AST unless: • a notice is served stating that the tenancy is not an AST, or • it is written in the agreement that it is not an AST, or • an exception applies For further information, see Practice Note: Granting assured and assured shorthold tenancies—pre-Renters' Rights Act 2025 position, in particular the section ‘Criteria for AST’. To determine whether or not an AST is completed, it is important to consider the type of document that the parties signed, ie whether the document was a deed or simple contract. The particulars of the agreement completed are important here, to ascertain whether