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PRACTICE NOTES
This Practice Note deals with appeals against orders made in directors’ disqualification proceedings in England and Wales. Statutory provisions and rules of court Appeals and reviews of orders made under provisions of the Company Directors Disqualification Act 1986 (CDDA 1986) are not governed by a single set of procedural rules and may fall within the procedures set out in the Civil Procedure Rules (CPR) or the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. Paragraph 32 of the Practice Direction: Directors Disqualification Proceedings (PDDDP) offers some guidance on which rules apply, however, at the time of writing, the practice direction has not been updated to reflect the substantial changes made to CDDA 1986 by the Small Business, Enterprise and Employment Act 2015 (SBEEA 2015). Disqualification appeals subject to the Insolvency (England and Wales) Rules 2016 CDDA 1986, s 21 specifies various sections that are deemed to be part of the Insolvency Act 1986 (IA 1986) for certain purposes, including (via the reference to IA 1986, s 411):
PRACTICE NOTES
Continuing healthcare (CHC) is provided by the NHS when a person’s primary need is health and this is assessed on a number of criteria as set out below. The framework was developed by the National Health Service Commissioning Board and Clinical Groups (Responsibilities and Standing Rules) Regulations 2012, issued under the National Health Service Act 2006, and legislative changes introduced by the Health and Care Act 2022. It is important to know how to challenge these decisions on behalf of your client if the view is that this has not been carried out correctly as it can make a huge difference to the cost of care. What is CHC? Some people with long-term complex health needs qualify for free healthcare arranged and funded solely by the NHS when their primary need is health. The CHC framework establishes whether an individual satisfies this need. If they do, the NHS is responsible for providing all of their health and social care needs including accommodation. NHS CHC can be provided in a variety of settings outside
PRACTICE NOTES
This Practice Note provides practical guidance on applying for a countervailing investigation with the UK’s Trade Remedies Authority (TRA). It provides guidance on who may apply for a countervailing investigation, what to do before applying, how to obtain and submit an application, what information must be contained in the application, how to prepare a non-confidential version of the application, guidance on how to complete the application form and how the application will be assessed. Who can apply? An application for an investigation may only be brought by or on behalf of the UK industry. The UK industry is defined as either: • all the producers in the UK of the like product, or • all those UK producers whose collective output of the like product constitutes a major proportion of the total UK product of those products In addition, the UK industry must be able to demonstrate, in the application itself, the level of UK industry support for or opposition to the application, including: • the total volume and value of production in the
PRACTICE NOTES
Immigration applications are costly. The core components of the costs are the application fee and the Immigration Health Surcharge (IHS), which can total several thousand pounds per applicant. The application fees now tend to increase annually, by amendment to the Immigration and Nationality (Fees) Regulations 2018. The IHS increases every few years. In addition to these core costs there may be other necessary additional costs, including for English Language tests, DNA tests, TB tests and biometric appointments. Applicants wishing to stay in or enter the UK and who are unable to afford these costs may be eligible for a fee waiver. From 8 October 2026 fee waiver applications only allow the applicant to rely on the fee waiver submission as the date of application where the applicant then goes on to make the application for permission on the route for which the fee waiver request was made. This Practice Note covers the background and application processes for in-country and overseas fee waiver applications, including who can apply and the evidence
PRACTICE NOTES
This guide explains, in practical steps, how to seek a non-statutory clearance (NSC) from HMRC in a UK tax context. An NSC is HMRC’s written view on how tax law applies to a specific, fully described transaction or event. This guide does not cover statutory clearance regimes. Those regimes include the Advance Tax Certainty Service (ATCS) for qualifying major investment projects under sections 266–274 of the Finance Act 2026 and, for example, advance clearance for share exchanges under section 138 of the Taxation of Chargeable Gains Act 1992. For an overview of the ATCS and information on other statutory clearances, see Practice Note: Statutory clearances. For drafting and detailed information requirements in relation to NSCs, see Practice Note: Non-statutory clearances. For a Precedent NSC application letter, see Precedent: Clearance letter—non-statutory clearance. In this guide references to the applicant refer to the taxpayer even if an agent signs and submits the clearance application on the taxpayer's behalf. Deciding whether NSC is the right route Is there genuine uncertainty? HMRC’s NSC process is intended
PRACTICE NOTES
This Practice Note provides practical guidance on applying for a safeguard investigation with the UK’s Trade Remedies Authority. It provides guidance on who may apply for a safeguard investigation, what to do before applying, how to obtain and submit an application, what information must be contained in the application, how to prepare a non-confidential version of the application, guidance on how to complete the application form and how the application will be assessed. Who can apply? An application for an investigation may only be brought by or on behalf of the UK industry. The UK industry is defined as either: • all the producers in the UK of the like product, or • all those UK producers whose collective output of the like product constitutes a major proportion of the total UK product of those products In addition, the UK industry must be able to demonstrate, in the application itself, the level of UK industry support for or opposition to the application, including: • the total volume and value of production in the UK
PRACTICE NOTES
This Practice Note explains how to make an application for a third party debt order (TPDO). It refers to s the court in which to make the application and the appropriate form to use (Form N349), as well as the duty of full and frank disclosure. It also deals with when and what to serve once an interim TPDO has been ordered, what evidence needs to be filed before the final hearing and the court’s approach to that hearing. NOTE: with effect from 14 August 2023, the County Court Money Claims Centre (CCMCC) and the County Court Business Centre (CCBC) were renamed as the Civil National Business Centre (CNBC) This Practice Note provides guidance on the process for obtaining a third party debt order (TPDO). For guidance on the general principles, including the types of debt which may be subject to a TPDO, the effect of a TPDO and hardship payments for debtors, see Practice Note: What is a third party debt order (TPDO)? For further guidance on TPDOs,
PRACTICE NOTES
The Office of Financial Sanctions Implementation (OFSI) is part of HM Treasury. It is involved in communicating about, implementing and enforcing financial sanctions in the UK. It also has various powers to grant licences that allow an activity or transaction to take place that would otherwise be prohibited under the UK financial sanctions regime. OFSI can only issue licences which relate to financial sanctions. If your application relates to another type of sanction, eg trade, immigration, etc, you must redirect it to the relevant department. See further Practice Note: Understanding the financial sanctions regime. OFSI licences can be general or specific. Where a transaction involves a person or organisation subject to financial sanctions (whether directly or indirectly), and there is no applicable statutory exception or general licence in place, you must obtain a specific licence to allow the activity to take place without breaching financial sanctions. You should not assume that a licence will be granted or engage in any activities prohibited by financial sanctions unless you have a valid licence. This
PRACTICE NOTES
The Office of Trade Sanctions Implementation (OTSI) is part of the Department for Business, Innovation, Science and Trade. It supports businesses in understanding UK trade sanctions and has civil enforcement powers in relation to certain trade sanctions breaches. OTSI is also the licensing body for certain trade sanctions licences—this includes licences for the provision (and procurement) of certain standalone sanctioned services, as well as certain export-related prohibitions involving goods and associated ancillary services. Trade sanctions licensing responsibilities in the UK are split between different licensing bodies (depending on whether the activity involves standalone services, goods, ancillary services, or imports). You may need to submit separate licence applications if the activity to be carried out falls under the remit of more than one licensing body. See further Practice Note: Licences and exceptions in trade sanctions. OTSI exercises licensing functions conferred by the relevant sanctions regulations made under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA 2018). The sanctions regimes with prohibitions within OTSI’s remit are: • Afghanistan • Central African Republic • Counter-terrorism
PRACTICE NOTES
This Practice Note provides practical guidance on applying for an anti-dumping investigation with the UK’s Trade Remedies Authority (TRA). It provides guidance on who may apply for an anti-dumping investigation, what to do before applying, how to obtain and submit an application, what information must be contained in the application, how to prepare a non-confidential version of the application, guidance on how to complete the application form and how the application will be assessed. For further information on the UK TRA, see Practice Note: An introduction to UK Trade Remedies Authority’s Investigations—Introduction to the Trade Remedies Authority. Who can apply? An application for an investigation may only be brought by or on behalf of the UK industry. The UK industry is defined as either: • all the producers in the UK of the like product, or • all those UK producers whose collective output of the like product constitutes a major proportion of the total UK product of those products In addition, the UK industry must be able to demonstrate, in the application
PRACTICE NOTES
There are a number of ways of commencing criminal proceedings in England and Wales, for example, by way of charge at the police station after arrest, by way of written charge and requisition, by way of written charge together with a single justice procedure notice, or by way of applying for the issue of a summons. This Practice Note is concerned with a less frequently used method of commencing proceedings by applying for an arrest warrant to commence proceedings. This method is typically used to secure the presence of an accused in court where a summons or requisition cannot be issued because the address of the defendant is not known. It is also used by those public prosecutors not authorised to issue a written charge under section 29 of the Criminal Justice Act 2003 (CJA 2003) as well as by private prosecutors. The Practice Note addresses the information which must be included in an application to the magistrates’ court to issue a warrant for the arrest of the accused, the information
PRACTICE NOTES
This Practice Note informs judgment creditors considering applying for an attachment of earnings order. It explains what an attachment of earnings order is, when you can apply for one, how to apply and what happens after making an application. What is an attachment of earnings order? A judgment creditor can seek to enforce their judgment debt by applying for an attachment of earnings order (AEO) which will direct the judgment debtor’s employer to pay a certain portion of the judgment debtor’s earnings to a central collecting office for payment to the judgment creditor. The legislative authority for AEOs is the Attachment of Earnings Act 1971 (AtEA 1971) and procedural rules are in CPR 89. Under AtEA 1971, s 6(1), an AEO is an instruction to the judgment debtor’s employer to: • make periodical deductions from the judgment debtor’s earnings at such times as the court may require, and • pay those amounts to the collecting officer of the court identified in the order. The collected sums are passed on to the judgment creditor The