Case law examples where pre-marital contributions to pensions have been considered by the court include: • in WM v HM Mostyn J excluded from the value of the husband's pension the sum of £1m which he accepted as a reasonable value to attribute to the husband's premarital pension pot (see para [27], note 3) • in S v S (divorce: distribution of assets) the pre-marital pension rights were not excluded because the transfer of the pension fund to a self-invested personal pension (SIPP) converted the funds to 'matrimonial property', whereas without conversion the funds may

IP analysis: Robyn Trigg, Senior Knowledge Lawyer, Osborne Clarke LLP, considers how the new UK government will aim to find the balance between AI developments and IP rights.

The Housing and Planning Act 2016 (HPA 2016), a substantial piece of legislation with wide ranging effect in relation to many aspects of housing and planning law, gained royal assent on 12 May 2016. Many provisions did not come into effect immediately, but were brought into effect in a phased process by commencement regulations. HPA 2016 does not have a major impact in relation to the law of enfranchisement, making only limited amendments to the provisions of the Leasehold Reform Act 1967 (LRA 1967) and the Leasehold Reform, Housing and Urban Development Act 1993 (LRHUDA 1993). Those changes it does make are contained in HPA 2016, s 136 and Sch 10. These provisions came into effect on the day the HPA 2016 received royal assent. HPA

HMRC generally treats a usufruct as equivalent to an English law interest in possession settlement for inheritance tax (IHT) purposes. This view was stated in the HMRC: Trusts and Estates Newsletter, April 2013 and confirmed in HMRC: Trusts and Estates Newsletter, September 2015. In particular: ‘HMRC has always been of the view that the definition of a settlement in section 43(2) [of the Inheritance Tax Act 1984 (IHTA 1984)] means that a usufruct will more than likely fall to be treated as a settlement for [IHT] purposes; although HMRC recognises that the arrangements differ between jurisdictions and the circumstances of each need to be considered. The effect is to treat a usufruct as giving rise to an interest in

The amount of stamp duty land tax (SDLT) payable on a grant of a lease is determined by reference to the chargeable consideration for that grant. Chargeable consideration has a particular meaning for SDLT purposes and there are specific provisions relating to what amounts to chargeable consideration in the context of

Subject to any agreed terms, a surrender does not affect the existing accrued rights and liabilities of the parties. See Commentary: Effect of surrender: Hill and Redman's Law of Landlord and Tenant [4349] (at para 4359). The

Section 102 of the Finance Act 1986 (FA 1986) introduced gifts with reservation of benefit to close a loophole in the Inheritance Tax Act 1984 (IHTA 1984). Gifts with reservation of benefit had existed under

This Q&A assumes that: • UK shares are being transferred, and • there are no tax avoidance arrangements As noted in Practice Note: Stamp duty and SDRT on the sale of certificated registered UK shares, a share purchase agreement (SPA) does not normally attract UK stamp duty. As noted in Practice Note: Stamp duty on transfers—scope, administration and enforcement: • UK stamp duty at 0.5% of the consideration (rounded up to the nearest £5) applies (among other things) to an instrument, such as a stock transfer form, that transfers stock or marketable securities (section 125 of the Finance Act 2003,paragraph 1 of Part I, Schedule 13 to the Finance Act 1999 (FA 1999); STSM011010) • an instrument's liability to stamp duty is determined as at the date that the instrument is executed (FA 1999, Sch 13 Pt I, para 1; STSM011010), and • the instrument must include all facts and circumstances relevant to determining (i) its liability

We assume you are referring to a contractual indemnity given by one party to the other in a supply of goods or services contract in a business to business transaction. Our Drafting and negotiating an indemnity clause—checklist outlines key provisions and issues for consideration when drafting and negotiating indemnity clauses in commercial contracts (eg business-to-business contract). Note that, as explained in that document, the extent of the losses that will be recoverable under an indemnity will depend on how they are defined in the clause. In addition to interpreting the definition of the losses recoverable under the clause, it will also be important to consider that aspect of the clause within the

An unregistered company is a rare form of incorporated company that is not formed or registered under the Companies Act 2006 (CA 2006) or under any other public general Act of Parliament. An unregistered company will have its own legal personality and will usually have a structure similar to that of a registered company in that it will have directors, a constitution, members and often (although not always) a share capital. The Stock Transfer Act 1963 (STA 1963) applies to the fully paid up registered securities ‘issued by any body incorporated in Great Britain by or under any enactment or by Royal Charter...’. This definition encompasses unregistered companies, which are often incorporated either under Royal Charter or

The Infrastructure Bill The coalition government's proposed Infrastructure Bill is intended to improve funding, planning management and maintenance of national infrastructure. The government believes that the Bill, if enacted, will boost the economy by £2.6 billion over ten years. The Bill and related information is available on the Parliament website. The Bill had its first reading in the House of Lords on 5 June 2014. The government intends to bring the Infrastructure Bill into law before the general election in 2015 (and this will affect several pieces of existing legislation). However, as some of the Bill's proposed elements (particularly in relation to fracking) are controversial it may not be possible to enact the entire Bill before the general election. How would the Infrastructure Bill affect the construction industry? The Infrastructure Bill covers various subjects (including control of invasive non-native species, the right for communities to buy into renewable energy generation and, subject to consultation, will cover shale gas exploitation) but those

A child arrangements order (CAO) made under section 8 of the Children Act 1989 (ChA 1989) may specify with whom a child will have contact and when they will have contact with them. Such an application can be made by either parent, and is made on a C100 Form. In deciding whether a parent should have contact with their child, and how much contact they should have, the primary consideration of the court will be the welfare of the child who is the subject of the application. In relation to contested applications the court must have regard to the welfare checklist at ChA 1989, s 1(3). See Practice Notes: Private children—paramountcy of the child's welfare and The statutory checklist—Children Act 1989. If