The relevant statutory provision can be found in the Stamp Duty Land Tax (Amendment to the Finance Act 2003) Regulations 2006, SI 2006/875. SI 2006/875 inserted paragraph 16A into Schedule 4 to the Finance Act 2003. Until 12 April 2006, an indemnity

Consideration will need to be given to both the Civil Procedure Rules 1998 and the Crown Prosecution Service (CPS) guidance on disclosure of information to ascertain whether disclosure is possible. A good starting point is our Practice Note: Disclosure by a non-party—Rule 31.17 from our Personal Injury module, which looks at obtaining disclosure of documents from a non-party to the proceedings; how to apply for such disclosure, the courts’ approach to such applications and the costs of seeking the application. The costs of complying with a third party disclosure order are also explained. Civil Procedure Rules 1998, rule 31 Orders for disclosure against a person not a party to civil proceedings are covered by Rule 31 of the Civil Procedure Rules 1998. An application under this rule must be supported by evidence. Under CPR 31.17(3) the court may make an order on this

The court will not make an order in respect of a transaction at an undervalue if it is satisfied that: • the company which entered into the transaction did so in good faith and for the purpose of

Directors may be able to rely on the statutory defence afforded by section 1157 of the Companies Act 2006 (CA 2006), which provides that where an officer of a company faces proceedings for negligence, default, breach of duty or breach of trust, the court may excuse

For deaths on or after 26 July 2023, the statutory legacy (also known as the fixed net sum) payable to a surviving spouse or civil partner on intestacy where the deceased

Section 31 of the Local Government Act 2003 (LGA 2003) is a well-established statutory means by which central government may disburse funds to local authorities for them to provide grants for a specified purpose while retaining control of: • the recipients • the quantum of the grants, and • the terms and conditions upon which the grants can be provided LGA 2003, s 31(1) provides that ‘A Minister of the Crown may pay a grant to a local authority in England towards expenditure incurred or to be incurred by it’. A minister of the Crown is defined for these purposes as the holder of

Employees are required to have income tax and employee National Insurance contributions (NICs) deducted from their general earnings, at source, before receipt, under the PAYE system. Specifically, the Income Tax (Pay As You Earn) Regulations 2003 (PAYE Regs 2003), SI 2003/2682 provide for the collection and recovery of income tax in respect of all PAYE income. PAYE income is defined in section 683 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) as consisting of any PAYE employment income (this includes employment earnings and other amounts treated as employment income (such as under the employment-related securities rules), PAYE pension income and PAYE social security income for the relevant tax year. PAYE employment income for a tax year is defined in ITEPA 2003, s 683(2) as: • any taxable earnings from an employment in the year (determined in accordance with ITEPA 2003, s 10(2))—taxable earnings from an employment

This Q&A assumes that the client is not treated as an employee for UK tax purposes. It also assumes that the client is a UK-resident and UK-domiciled individual. Lastly, it assumes that the US-based investment vehicle would be respected as a partnership for UK tax purposes. These assumptions will need to be carefully tested against the facts. In this respect, the following Practice Notes may be helpful: Employment status—why it matters and Entity classification case law and HMRC's interpretation. If those assumptions are correct, then it is possible that carried interest distributions to the client will be taxed as capital gains (at a special rate of 28%), and not at the higher rates of income tax which apply to investment income such as dividends and interest. This will depend on how those distributions trace through to the underlying assets of the US-based investment vehicle. In particular,

Trusts for minors can be established as one of the following: • 18–25 trusts • trusts for bereaved minors (TBM) • trusts with an immediate interest in possession (IPDI) • relevant property trusts (usually in the form of a discretionary trust) The conditions for an 18–25 trust require that

It has been assumed that the individual and charity are UK based (UK resident and domiciled in the case of the individual and established in and subject to the jurisdiction of England and Wales in the case of the charity) and that the property is located in the UK. Sale of property and gift of money CGT When an individual sells property, they are disposing of a chargeable

Possible tax charges: Employment related securities The shares could be employment-related securities as the shares have been made available to them by reason of an employment (although an exception to this deeming provision can apply where the right or opportunity to acquire the shares is made available by an individual in the normal course of the domestic, family or personal relationships of that individual) (see section 421B of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) and Employment Related Securities Manual: ERSM20210). However, by virtue of ITEPA 2003, s 421B(6), employment-related securities will not be subject to the charging provisions contained in ITEPA 2003, Pt 7, Chs 2–4A where the relevant employee has died. Therefore, as the arrangement is outside of any share incentive scheme, the remaining charging provisions relating to employment-related securities should also not apply. For further details of these potential tax charges, see Practice Note: Employment-related securities—overview. General earnings ITEPA

The territorial scope of Directive 2002/58/EC (the EU ePrivacy Directive) and its UK implementing legislation, the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003), SI 2003/2426 is unclear; a position caused primarily by the absence of specific wording in the legislation and exacerbated by conflicting opinions from various bodies. In the context of most aspects of the EU ePrivacy Directive, including direct marketing, it is impossible to say with any certainty whether a ‘country of origin’ principle (ie UK laws) or a ‘country of destination’ principle (the local laws of the country in which the recipient is based), or some other rule, applies. The analysis below explains why this is the case, and highlights some of the arguments put forward in support of each position. However, until the issue is settled (which is likely only to be through the eventual introduction of a harmonised ePrivacy Regulation in Europe which is also brought onto the UK statute