Legislative framework for data security UK GDPR Assimilated Regulation (EU) 2016/679 (UK General Data Protection Regulation or UK GDPR) is the main source of data protection law in the UK. It is supplemented by the Data Protection Act 2018 (DPA 2018). For information on the UK GDPR and the DPA 2018, see Practice Notes: UK GDPR—the basics and The Data Protection Act 2018. FCA data protection requirements The FCA’s data protection requirements are set out in its Data protection webpage. Customer data is any identifiable personal information a firm has about a customer. This can be held in any format and includes: • information obtained by a firm in compliance with its anti-money laundering requirements • information obtained by a firm as part of its customer on-boarding process • information obtained by a firm as part of its suitability and appropriateness requirements, and • any other identifiable personal information a firm may have about a customer such as address, date of birth, national insurance number, passport information, family circumstances,

Before a nuclear power station can be built, its design must be assessed to find out if the social, economic or other benefits outweigh the health risks or other detriments associated with ionising radiation. This assessment process is known as ‘regulatory justification’. Brexit impact—Euratom and the UK Nuclear Sector As of 31 January 2020 (exit day), the UK ceased to be an EU Member State. 11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime. The UK’s exit from the EU also meant the UK’s exit from Euratom. On 24 December 2020, the UK government announced it had agreed the EU-UK Trade and Co-operation Agreement (TCA), which is supplemented by a number of associated declarations and agreements including a separate Nuclear Co-operation Agreement (NCA) with the EU/Euratom. It

Commercial analysis: This judgment considers the inter-relationship between contractual rights of termination and repudiatory breach, and the circumstances in which a contractual code can affect common law rights to terminate. In finding that the contract entered into between the parties did not exclude the common law right to terminate for repudiatory breach of contract, the court considered the alleged breaches relied upon by the defendant in turn to determine whether a right to terminate had arisen. The court’s conclusion was that the claimant had not been in repudiatory breach when the notice of termination was issued by the defendant, and accordingly the claimant’s claim for unpaid invoices succeeded, with further determination of damages arising from termination to be assessed in a later hearing. Written by Ryan Turner, barrister at Lamb Chambers.

This Practice Note considers spent convictions and rehabilitation periods under the Rehabilitation of Offenders Act 1974 (ROA 1974) as amended by the Police, Crime, Sentencing and Courts Act 2022 (PCSCA 2022). It also considers the impact of previous convictions on criminal investigations, as evidence in criminal proceedings and in sentencing. What is a spent conviction? If a conviction or caution has become spent, for most purposes, the offender is treated in law as having never committed an offence. This means, for example, people with spent convictions or cautions have the right under ROA 1974 not to volunteer them when applying for most jobs. This will not prevent them from appearing on a criminal records check by the Disclosure and Barring Service (DBS) (DBS check, sometimes known as a CRB check), which some jobs will require. All unspent convictions and conditional cautions are automatically disclosed on Standard and Enhanced DBS checks, ensuring that any unspent offending will be visible on those certificates. Certain convictions

Private Client analysis: According to Leslie Blohm QC at St John’s Chambers, the case of Thompson v Thompson demonstrates the willingness of the court, in appropriate circumstances, to award the entirety of a farm to a farmer’s child following a lifetime of work and after informal promises of succession made to him by his parents, under the doctrine of proprietary estoppel.

This Practice Note on recovering damages sets out the general principles of the remedy of damages, in contract (contractual damages), tort (tortious damages/tortious compensation) and equity (equitable compensation) including ‘negotiating damages’, as termed by Lord Reed in the Supreme Court decision in Morris-Garner v One Step, and the requirement to elect between different available remedies and the contribution to damages between wrongdoers. What are damages? The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage as a result of a wrong for which the defendant is responsible. It is traditionally a common law remedy, although the court may also award equitable damages in certain circumstances (see further below). In this way, damages are distinguishable from the remedy available in a claim based on unjust enrichment, which is concerned with an unjustified gain by the defendant independently of whether the latter is a wrongdoer. Therefore other pecuniary claims, such as for the return of money paid by mistake, or where consideration

ARCHIVED: This archived Practice note considers the clawback of business investment relief (BIR), the remittance relief for investment in UK companies. It covers: extraction of value; how to prevent a chargeable remittance following a potentially chargeable event; the order of disposals; the interaction with the mixed funds rules, and the capital gains tax (CGT) position. STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime Finance Act 2025 (FA 2025) which received Royal Assent on 20 March 2025, implements legislation to abolish the remittance basis of taxation and replace it with a residence-based regime, commencing on 6 April 2025. FA 2025 also replaces domicile as the key factor in establishing liability to inheritance tax. Other changes include amendment of the rules determining excluded property status, the abolition of protected settlements status of offshore trusts, and changes to overseas workday relief. For information on these changes, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from

ARCHIVED: This archived Practice note considers business investment relief (BIR), the remittance relief or exemption available for qualifying investments. It looks at the meaning of ‘qualifying investment’, who can make the qualifying investment and the deadline for making the investment. It also covers anti-avoidance rules and the advance assurance facility. STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime Finance Act 2025 (FA 2025) which received Royal Assent on 20 March 2025, implements legislation to abolish the remittance basis of taxation and replace it with a residence-based regime, commencing on 6 April 2025. FA 2025 also replaces domicile as the key factor in establishing liability to inheritance tax. Other changes include amendment of the rules determining excluded property status, the abolition of protected settlements status of offshore trusts, and changes to overseas workday relief. For information on these changes, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking

ARCHIVED: This archived Practice note provides guidance to determine whether a remittance has occurred for the purposes of the remittance basis of taxation, reference must be made to the Conditions set out in section 809L of the Income Tax Act 2007 (ITA 2007). ITA 2007, s 809L introduces four condition clauses: Conditions A and B, which are taken together, and Conditions C and D which stand alone. This Practice Note summarises Conditions A and B, provides examples of remittances and includes exemptions/exceptions to the application of Conditions A and B. Abolition of remittance basis from 6 April 2025 The remittance basis of taxation was abolished for UK resident non-domiciled individuals from 6 April 2025. The last year for which the remittance basis can be claimed is the 2024–25 tax year. From 6 April 2025, a new four-year regime, colloquially referred to as the foreign income and gain (FIG) regime, will be available providing 100% relief on eligible FIG for new arrivals to the UK in their first four years

Archived: This archived Practice note determines whether a remittance has occurred for the purposes of the remittance basis of taxation, reference must be made to the Conditions set out in section 809L of the Income Tax Act 2007 (ITA 2007). ITA 2007, s 809L introduces four condition clauses: Conditions A and B, which are taken together, and Conditions C and D which stand alone. This Practice Note considers Conditions C and D, and also exclusions to them. Abolition of remittance basis from 6 April 2025 The remittance basis of taxation was abolished for UK resident non-domiciled individuals from 6 April 2025. The last year for which the remittance basis can be claimed is the 2024–25 tax year. From 6 April 2025, a new four-year regime, colloquially referred to as the foreign income and gain (FIG) regime, will be available providing 100% relief on eligible FIG for new arrivals to the UK in their first four years of tax residence, provided they have not been UK tax resident in the ten tax years immediately

ARCHIVED: This archived Practice Note considers the tax treatment of foreign currency gains and losses made by individuals, trustees and personal representatives on the withdrawal of funds from foreign bank accounts. Fundamental changes were made to the rules from 6 April 2012. This Practice Note looks briefly at the rules from 6 April 2012; it also considers the rules to 5 April 2012 in more detail. Abolition of remittance basis from 6 April 2025 The remittance basis of taxation was abolished for UK resident non-domiciled individuals from 6 April 2025. The last year for which the remittance basis can be claimed is the 2024–25 tax year. From 6 April 2025, a new four-year regime, colloquially referred to as the foreign income and gain (FIG) regime, will be available providing 100% relief on eligible FIG for new arrivals to the UK in their first four years of tax residence, provided they have not been UK tax resident in the ten tax years immediately prior to their arrival. An individual’s ability to qualify for

ARCHIVED: This archived Practice note states that a 'relevant debt' is a key concept of the remittance basis and is defined in section 809L(7) of the Income Tax Act 2007 (ITA 2007). Broadly, it is a debt incurred outside of the UK in respect of property situated in the UK or a service provided in the UK. This Practice Note discusses examples of what constitutes a 'relevant debt' how foreign income or gains is used in respect of the debt, and what is meant by the relevant debt relating to the aforementioned property or services. STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime Finance Act 2025 (FA 2025) which received Royal Assent on 20 March 2025, implements legislation to abolish the remittance basis of taxation and replace it with a residence-based regime, commencing on 6 April 2025. FA 2025 also replaces domicile as the key factor in establishing liability to inheritance tax. Other changes include amendment of the rules determining excluded property status, the abolition of