This Q&A considers first time buyer’s relief from stamp duty land tax (SDLT) under Schedule 6ZA to the Finance Act 2003 (FA 2003). With effect from 1 April 2018, SDLT only applies to acquisitions of land interests situated in England and Northern Ireland (FA 2003, s 48). SDLT does not apply in Scotland or Wales. This Q&A sets out the SDLT provisions and not the provisions that apply in Scotland or Wales. First time buyers of residential property where the purchase price is £500,000 or less and who intend to occupy the property as their main home can benefit from relief from SDLT for certain transactions with an effective date on or after 22 November 2017. Where the relief applies the rates of SDLT are as follows:

The buying and selling of racehorses would be a business for business property relief (BPR) from inheritance tax purposes, following the principles set out in Burkinyoung v IRC. However, section 105(3) of the Inheritance Tax Act 1984 (IHTA 1984) excludes a business which consists wholly or mainly of making or holding investments from the definition of relevant business property. Dealing in goods is not specifically excluded from the scope of BPR (contrast the restriction in IHTA 1984, s 105(3) for dealing in land or securities) , so the issue is whether buying an asset and selling

Crystallisation of floating charges A floating charge may Crystallize by operation of law or it may Crystallize in accordance with a contract. Crystallisation by contract can by divided into those events that entitle the lender to give notice of crystallisation and those that result in the floating charge being crystallised automatically. For more information on how floating charges may crystallise, see Practice Note: Crystallization of floating charges. Most debentures will clearly set out which events will trigger crystallisation by notice and which will trigger the automatic crystallisation provisions. For more information, see Crystallisation of floating charges — Crystallisation by contract. Effect of Crystallisation Once a floating charge has crystallised, the key impact is that the chargor can no longer deal with the floating charge assets without the chargee's consent. In practice this will make it difficult for the chargor to run its business. From the chargee's

Alienation Alienation is a once and for all breach, in respect of which, see Scala House and District Property Co Ltd v Forbes, CA in which Russell LJ stated: ‘The subterm has been effectively created subject only to risks of forfeiture: it is a complete breach once for all: it is not in any sense a continuing breach.’ Accordingly, it was the finality of creating a new legal interest which led the court to determine that this was in the nature of a once and for all breach. Parting with possession Whether parting with possession is a once and for all or continuing breach is less clear. The ambit of the term ‘parting with possession’, as opposed to sharing of occupation, was discussed in some depth in the case of Ansa Logistics Ltd v Towerbeg Ltd and Ford Motor Co Ltd, in which Floyd J stated that: ‘The acid test for possession, as contrasted with mere occupation, lies in the right of the person in occupation

Legislative guidelines The Road Traffic Regulation Act 1984 (RTRA 1984) sets out that an 'appropriate authority' can make arrangements for school crossings. RTRA 1984, s 26(1) states: 'Arrangements may be made by the appropriate authority for the patrolling of places where children cross roads on their way to or from school, or from one part of a school to another,…by persons appointed by or on behalf of the appropriate authority, other than constables.' The definition of 'appropriate authority' is defined in RTRA 1984, s 26(2) as the county council, metropolitan district council, Common council of the city or borough council. In addition, RTRA 1984, s 26(3) states who can carry out the patrol under this arrangement: 'The functions of the appropriate authority for the purposes of arrangements under subsection

Stamp duty land tax (SDLT) is charged on the acquisition of interests in UK land. SDLT is payable by the purchaser of the interest in land in relation to any notifiable land transactions. SDLT is charged as a percentage of the total amount paid in respect of a land transaction. In the case of leases, this includes any premium (usually a lump sum payment on the grant of a lease) and any rent. The purchaser must: (i) notify HMRC about notifiable land transactions and (ii) pay any applicable SDLT within 30 days after the effective date of the land transaction in question. The effective date for most land transactions will be the date of completion. A person is not regarded as entering into a land transaction by reason of entering into a contract to acquire UK land. However,

This response considers whether the permission of both parents is necessary in order for a child under the age of 16 to go on a school trip outside the jurisdiction of England and Wales. The considerations will be the same whether the child is being taken abroad by the school or by one of the parents. If there is no child arrangements order in place determining the parent with whom the child lives, then the written consent of both parents will be necessary for a school trip outside England and Wales. Failure to obtain consent will also run the risk of falling foul of the Child Abduction Act 1984 and/or the Hague Convention on Civil Aspects of International Child Abduction. If there is a child arrangements order in

Section 24 of the Limitation Act 1980 (LA 1980) states that an action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable. However, the case of Lowsley v Forbes considered the wording of LA 1980, s 24 in the context of a claimant seeking to enforce a judgment, 11 years post judgment. The interpretation applied by the House of Lords in this

The general rule is that documents should be served within the jurisdiction of England and Wales (CPR 6.6). The first consideration should therefore be whether the intended defendant in the proceedings has a solicitor in England and Wales who has authority to accept service of the proceedings on the defendant’s behalf. If so, confirmation of this authority in writing from the defendant or its solicitors will be sufficient (CPR 6.7). Alternatively, if the defendant company has any place of business or carries on its activities within England and Wales, the Claim Form may be served at that address

Schedules of deficiencies and requests for further information Technically, it may be argued that a true schedule of deficiencies is not a request for ‘further’ documentation, merely an attempt to compel compliance with the existing order made at the first directions appointment (FDA) for the giving of information and documents pursuant to a questionnaire, which will have been scrutinised and approved by the court. Guidance as to how and when to raise schedules of deficiencies / further questions, and whether to request the attachment of a penal notice to the FDA order to compel compliance, is dealt with in Practice Note: Preparation for the financial dispute resolution appointment. Requests for ‘further documents’ after the FDA prior to the financial dispute resolution (FDR) are dealt with

Permission to amend a petition A petition may be amended without seeking the courts permission provided: • an answer has not been filed, and • whether or not an answer has been filed, an application has not been made for the court to consider the making of a decree nisi or conditional order Once an answer has been filed or an application made for a decree nisi or conditional order no amendment can be made without obtaining the court's permission or the parties' consent. For guidance on how to amend a petition see Practice Note: Amended, supplemental and further petitions (pre-DDSA 2020). When is it appropriate to amend

Service under the Civil Jurisdiction and Judgments Act 1982—Scotland and Northern Ireland You do not need the court's permission to serve a claim form on a defendant in Scotland and Northern Ireland if the provisions in CPR 6.32 apply. The requirements within this rule are that: • the claim must be one which the court has the power to hear each claim under Civil Jurisdiction and Judgments Act 1982 (CJJA 1982) (CPR