Lexis+® UK Tax is grateful to Nigel Doran of Macfarlanes LLP for his comments on an earlier draft of this Practice Note. However, the views expressed are those of Lexis+® UK Tax. This Practice Note has subsequently been reviewed and updated by Aparna Nathan, KC, Devereux Chambers. This Practice Note looks at some themes that have developed in cases in which the courts have applied the Ramsay principle in order to take a realistic view of the facts. For a general introduction to the Ramsay principle, see Practice Note: Ramsay as a guide to statutory construction. The approach the courts have taken when applying Ramsay to transactions that involve a number of steps, designed to operate together to produce a particular tax result, is described in Practice Note: Ramsay and composite transactions. This Practice Note looks at some further developments that have emerged as the courts have considered how this approach should apply in different circumstances. Specifically, it covers: • reality of the transaction—whether a circular transaction should be entirely disregarded for tax purposes, or whether it

Offers fast read and write access. Can be used to store operating system and data for applications and files in a palm pilot.

offers fast read and write access. Can be used to store operating system and data for applications and files in a palm pilot

Financial Services analysis: The Upper Tribunal upheld the bulk of the Financial Conduct Authority (FCA)’s findings against Rangecourt SA (formerly Banque Havilland SA), its former CEO Edmund Rowland, and a former employee in relation to a 2017 document proposing a strategy designed to destabilise the Qatari Riyal. The Tribunal agreed that the document produced was improper and amounted to serious misconduct. However, it took a materially different view from the FCA on sanctions, most notably in its assessment of the mitigating factors. The Tribunal found that the Bank had demonstrated significant co-operation post-breach, including voluntarily disclosing the ‘Project Gulf’ internal investigation report, instructing external lawyers and PwC to investigate at considerable expense, and the termination/resignation of relevant staff. The Tribunal concluded that this conduct had materially assisted the regulatory process and a reduction to the penalty was therefore appropriate. The decision clarifies when co operation attracts a reduction in penalty and places clarification on how ‘exceptional co operation’ should be understood in the context of enforcement proceedings. Written by Lucy Tolond, partner and Lauren Maddock, solicitor at DWF Law LLP.

CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the decision of 27 September 2022; it is no longer maintained. See further, timeline. Case facts Outline CMA Chapter I investigation into Elite Sports Group Limited and its parent company Elite Corporation Limited, JD Sports Fashion Plc and Rangers Football Club Limited and its parent company Rangers International Football Plc had breached UK competition law by engaging in unlawful price fixing of certain Rangers Football Club-branded clothing products (Case 50930). Latest developments On 27 September 2022, the CMA issued its infringement decision finding that Elite and JD Sports breached the Chapter I prohibition by engaging in unlawful price fixing of certain Rangers Football Club-branded clothing products from September 2018 until July 2019. Rangers FC also took part in the collusion but only to the extent of fixing the retail price of adult home short-sleeved replica shirts from September 2018 to mid-November 2018. All three parties colluded to stop JD Sports undercutting the retail

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 19 February 2013; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline UK merger investigation into the anticipated acquisition by the Rank Group of Gala Casinos. Latest developments On 19 February 2013, the Competition Commission issued its final report, clearing the transaction subject to remedies—namely, the divestment of the Gala casinos in the four areas identified below. Gala will continue to run these casinos and there will be a sunset clause prohibiting Rank acquiring these for 10 years. Rank can acquire the Gala casino in Edinburgh but has to divest its cold licence.

An agreement between secured creditors as to the ranking of their security and debt, which usually also provide for agreed enforcement restrictions. Under Scots law, these will constitute an amendment of the security itself, and as such are registerable against the security at Companies House. Even where English deeds affect priority of security, they are not subject to registration requirements

A creditor whose goods/services are essential to ongoing trade and who can usually therefore agree more favourable terms of repayment on money owed.

Law360, London: The government's bid to crack down on ransomware payments could heap pressure on companies in crisis without any guarantee that it will pull the plug on the billion-pound cybercrime industry, lawyers say.

Rape is the intentional, penile penetration of the vagina, anus or mouth of another without that person's consent and without reasonable belief that that person is consenting.

The old law and the new law of rape Throughout this Practice Note, reference is made to the old and new law of rape. The old law is divided into three periods, depending on when offences were committed: • 1 January 1957 to 21 December 1976: section 1 of the Sexual Offences Act 1956 (SOA 1956), with elements of rape determined by common law • 22 December 1976 to 2 November 1994: SOA 1956, s 1, read with section 1 of the Sexual Offences (Amendment) Act 1976 (SO(A)A 1976) • 3 November 1994 to 30 April 2004: SOA 1956, s 1 (as amended by section 142 of the Criminal Justice and Public Order Act 1994 (CJPOA 1994)) The new law applies to offences committed from 1 May 2004 under section 1 of the Sexual Offences Act 2003 (SOA 2003). However, the old law continues to apply to historical allegations concerning offences committed before that date. Elements of the offence of rape under the old law For offences charged under the old law, the prosecution must prove that: • the

Rape Crisis England & Wales and Imkaan have published a report titled ‘Not Safe Here: The systemic failures to protect women and children from sexual violence and abuse in asylum accommodation’, revealing systemic failures in protecting women and children from sexual violence and abuse in UK asylum accommodation. The report found that many features of the UK asylum system are contributing to an environment where victims and survivors of sexual violence and abuse are being retraumatised, while women and children are exposed to the risk of further harm.