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PRACTICE NOTES
For income tax rates and allowances applicable in the current tax year, see Practice Note: Key UK tax rates, thresholds and allowances for Private Client. For differences in the income tax rates and allowances for individuals in Scotland and Wales and links to further content, see Practice Note: Tax—devolution tracker. Why this is important Personal allowance In general, the personal allowance cannot be transferred to another person or carried into another tax year although in limited circumstances part of certain allowances can be transferred to a spouse or civil partner (see below). If the individual does not have enough taxable income to set against the allowance for the tax year, the benefit of that allowance is lost for that year. The personal allowance is also lost or reduced for the tax year in the following circumstances: • for periods before 6 April 2025, where the taxpayer elects to use the remittance basis, they lose the right to use any UK personal allowance, blind person’s or married couple’s allowance for that tax year. The remittance
PRECEDENTS
1 Fair usage—[electricity OR [other]] The parties acknowledge that the [Annual Rent OR annual rent OR [other defined term]] is based
GLOSSARY
An adjustment applied when calculating an offsetting figure to reflect the advantages of receiving cash now instead of pension benefits later. The resulting value is called the ‘utility value’.
GLOSSARY
Utmost good faith, or the principle of uberrima fides, is a term of art for insurance contracts. The common law duty of utmost good faith requires both parties to the contract to disclose all material facts. In practice, the onus of the obligations rests with the party being insured, the proposer, who must disclose all material facts known to it during preliminary negotiations for an insurance contract.
GLOSSARY
In Scots law, a common law crime of dishonesty whereby a forged document is knowingly used with an intent to deceive.
PRACTICE NOTES
1. What is the applicable legislation? On January 27 2020, the Law of the Republic of Uzbekistan No. 598 dated December 25, 2019 On Investments and Investment Activities came into force (Investment Law). The Investment Law consolidated the main provisions of the earlier laws in the field of investment, in particular the laws ‘On foreign investments’, ‘On investment activities’, and ‘On guarantees and measures to protect the rights of foreign investors’ which became invalid after the entry into force of the Investment Law. The main purpose of the Investment Law is to regulate relations in the field of investments and investment activities carried out by foreign and domestic investors. The Investment Law determines the types, forms of investment, the legal regime of investments, objects and subjects of investment activities, the rights and obligations of the investor, state guarantees of the rights of the investor and protection of investments, state regulation of investment activities, state support for investments, benefits and preferences provided by the state to the investors, as well as other important issues related to the investments. The
NEWS
The Department for International Trade has published a notice admitting the Republic of Uzbekistan to the UK’s Enhanced Framework, allowing the receipt of preferential rates of import duty. Admission will start on 1 November 2021.
PRACTICE NOTES
NOTE—to see whether notification thresholds in Uzbekistan and throughout the world are met, see further: Where to Notify. 1. Have there been any recent developments regarding the merger control regime in Uzbekistan and are any updates or developments expected? Are there any other ‘hot’ merger control issues in Uzbekistan? The merger control regime is regulated by the Law of the Republic of Uzbekistan No ZRU-850 dated 3 July 2023 on Competition (Competition Law), which will enter into force on 4 October 2023, replacing the Law on competition No ZRU-319 dated 6 December 2012. The Competition Law governs merger control both in financial and commodity markets. Other legislation includes Regulation No 86 on the approval of the unified regulation on the procedures for issuing permission documents through a special electronic system (Regulation No 86). Annex 12 to Regulation No 86 provides for a Passport for reviewing of and obtaining preliminary consent for transactions concerning the acquisition of shares in the charter capital of legal entities. Annex 13 to Regulation No 86 provides for a Passport for issuing preliminary
NEWS
Arbitration analysis: This judgment will be of particular interest to maritime arbitration practitioners, and also to those in arbitration more generally (both lawyers and arbitrators themselves). The Commercial Court has provided a detailed review of apparent bias and arbitral duties of disclosure in the context of the London maritime market, particularly London Maritime Arbitration Association (LMAA) arbitrations. The court has clarified the extent of a maritime arbitrator’s duties of disclosure, recognizing the London market practice for the same arbitrators to be appointed across multiple different disputes by the same appointing party. Given the practice is well known to those in this market, there is no duty of disclosure. The court has also underscored the difficulties of making out apparent bias: the threshold test is high and not easily met. The judgment reviews factors that the fair-minded observer would consider when considering whether there was a real possibility of bias. Written by Angharad Parry KC, barrister at Twenty Essex.
GLOSSARY
An order giving jurisdiction to the court to vary child maintenance.
NEWS
IP analysis: The High Court held that use of the mark VAGISAN by the defendant, in relation to intimate female non-prescription healthcare products, infringed the claimant's earlier UK trade mark registration for VAGISIL, (registered by the claimant for the same and similar goods), on the basis of a likelihood of confusion. The court provided further guidance in relation to the defence of statutory acquiescence along with consideration of sizeable evidence of actual confusion, much of which had been generated by the defendant. Written by Amanda McDowall, legal director at Lee & Thompson LLP.
VAT
GLOSSARY
Value Added Tax (VAT) is a tax charged on most goods and services when a VAT-registered business sells to either another business or to a non-business customer.