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History of relief When capital transfer tax (CTT) was first introduced there was agricultural relief but no relief for business assets, despite the fact that under estate duty there had been a relief for industrial hereditaments. However, this omission was soon rectified by the introduction of a relief for business property in the Finance Act 1976. When first introduced, for transfers made after
Q&As
Tiered restrictions from 2 December Although the measures of England’s second national lockdown in November eased the burden on the NHS, it was not been eradicated and a new mutation spreading rapidly. The NHS remained under pressure with some hospitals treating more patients now than at the peak of the first wave of coronavirus (COVID-19). Therefore, modified regional Tiered restrictions have been introduced by the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020, SI 2020/1374. These restrictions will be in force from the beginning of 2 December 2020 to 2 February 2021, and revoke all relevant provisions of England’s national restrictions. The previous national restrictions were in force until 2 December 2020 (see: Health Protection (Coronavirus) (Restrictions) (England) (No 4) Regulations 2020, SI 2020/1200, regs 1(2), 23(1)). For current restrictions, see Practice Note: Coronavirus (COVID-19)—keeping up with restrictions for licensed premises in England [Archived]. On 19 December 2020, in response to the new coronavirus variant and rising levels of infection, the government announced tougher restrictions for parts of England
Q&As
The precise outcome is difficult to predict, of course, because much will depend on the actual terms of Brexit. Generally, Brexit provides deep concerns for the creative industries with regard to a wide variety of free trade issues stemming from the enforcement of intellectual property rights, free flow of data, the digital single market, talent and skill migration, funding, investment and regulations. This Q&A focuses primarily on the most significant concerns for broadcasters relating to the ‘country of origin’ framework under the codified Audiovisual Media Services (AVMS) Directive as of 6 August 2017. The Creative Industries Federation has provided a Brexit Report detailing their main concerns for the creative sector. What will Brexit mean for the UK’s broadcasting sector? Brexit has the potential to significantly impact the UK’s broadcasting
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The fact that the trust is a nil rate band trust should not be relevant and the same question should arise in relation to any discretionary trust (it is assumed that the nil rate band trust in question is discretionary). The basic principle is that capital gains tax (CGT) is chargeable upon trustees as it is on individuals (see section 69 of the Taxation of Chargeable Gains Act 1992 (TCGA 1992)). Consequently, normal capital gains tax principles should apply to any gains generated between the date of death and date of appointment. The main residence In
Q&As
We have assumed that reference is being made to a charging order. When seeking to enforce the charging order it would have been subject to the previous rules in this area (CPR 73 and CPR PD 73 were amended with the changes coming into force on 6 April 2016). Where such orders charge a beneficial interest under a trust in land, the charge is protected by means of a restriction under the Land Registration Act 2002. We also assume that the charging order was validly obtained. If seeking to
Q&As
For information on the general implications in relation to employment law in England arising from the UK’s withdrawal from the European Union and the end of the implementation period (IP), see Practice Note: Brexit and IP completion day—implications for employment lawyers [Archived]. For a summary of EU employment rights, their domestic implementing legislation and, where relevant, the enabling domestic legislation for secondary legislation, see Practice Note: EU employment rights and domestic implementing legislation [Archived]. See also the Brexit collection. Before exit day (31 January 2020), EU law took effect in the UK through the European Communities Act 1972 (ECA 1972). This was repealed by the European Union (Withdrawal) Act 2018 (EU(W)A 2018) on exit day, but subject to savings introduced by the European Union (Withdrawal Agreement) Act 2020, in order to give effect to the transition/implementation period. Broadly speaking, for the purpose
Q&As
1. Following Brexit, will the UK need specific legislation for UK national database rights if the EU right no longer applies? Rights in databases exist in two forms: (1) copyright in the selection or arrangement of the data in the database; and (2) a sui generis database right in the contents of the database where there has been substantial investment in obtaining, verifying or presenting it. Resources invested in the creation of the data itself is irrelevant for determining whether database rights subsist (British Horse Racing Board v William Hill). The copyright in a database is infringed in the same way as any other form of literary copyright. The database right is infringed by extracting or reutilising all or a substantial part of the contents of the database.
Q&As
Bulgaria and Romania acceded to the EU on 1 January 2007, and by extension the European Economic Area (EEA). From that date, nationals of these two countries (known as ‘A2’ nationals) have not required leave to enter or remain in the UK under the Immigration Act 1971. Instead, as with all EEA nationals, A2 nationals: • can travel freely to the UK • will have a right of residence for an initial 3 months • will have an extended right of residence beyond that time if they are exercising treaty rights as a student, a self-employed person or if they are self sufficient See Practice Note: EEA nationals: rights of entry and residence [Archived]. However, the Treaty of Accession allowed EU member states to restrict access to their labour markets for A2 nationals for a period of up to 7 years (the accession period). During the accession period, the UK has required A2 nationals
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As explained below, extensions of stay or switching for this cohort will fall into ‘Option I’ of the tradeable salary options. For CoS assigned on or after 22 July 2025, Standard Occupational Classification (SOC) code 6135 will remain on the Immigration Salary List until 22 July 2028 (see para APP ISL, Statement of Changes HC 997). There are some additional restrictions, but these are not discussed here. See: Statement of changes in Immigration Rules, HC 997—analysis. This response also assumes that all the relevant requirements are met, and in particular the full definition of ‘Health and Care ASHE salary jobs’. The relevant options for the Immigration Salary List are options D and I. Para SW 4.2 of Appendix Skilled Worker, which is not amended by HC 997, states as follows (our emphasis): ‘SW 4.2. The applicant must be awarded 20 points from one of the options
Q&As
For the purposes of this Q&A it is assumed that the individual first entered the Tier 1 (Investor) category with entry clearance on the basis of an application made before 6 November 2014. The specified date is a term referred to in the Home Office policy guidance for Tier 1 (Investor). This guidance states the following at paragraph 87: ‘We will check that you made the full investment required within 3 months of your specified date. The specified date refers to the date that you entered the route.’ The Immigration Rules, Appendix A, Table 8B provides further detail on how the specified date should be identified, and is produced below. Table 8B: Applications for entry clearance or leave to remain from applicants who initially applied to enter the category before 6 November 2014 as referred to in
NEWS
Family analysis: In UD v DN, the Court of Appeal was principally concerned with two issues arising under Schedule 1 to the Children Act 1989 (ChA 1989). First, on an application by a parent for financial provision for a child, whether the court retains jurisdiction to make an order in respect of a child who is over 18 years of age by the time of its order, where the application is made before the child reached that age. Second, the circumstances in which outright capital provision could or should be made for a child. The court concluded that special circumstances are required to be shown, and that those circumstances had to relate to the child in question and to a consequent continuing financial need into adulthood. The court allowed the father's appeal against an order that he provide funds outright for the purchase of homes for two children once they reached adulthood made on the basis that he might otherwise use his financial muscle to impose some form of 'financial ultimatum' on them. Christopher Pocock QC and Katherine Kelsey, both of 1 King's Bench Walk, who represented the appellant father, examine the issues.
Q&As
LIBOR is ceasing at the end of 2021 for most currencies and tenors. The exceptions are: • one, three, six and 12 month US dollar LIBOR, which is continuing to be published until end-June 2023, though use in new contracts is being prohibited or discouraged by regulators, and • certain Sterling and Yen LIBOR tenors (one, three and six month) which will be published as ‘synthetic LIBOR’ The regulators are encouraging the market to amend contracts wherever possible to provide certainty and avoid a last-minute panic, but some contracts are likely to be impossible to amend, or, because of the volume of contracts, simply not amended in time. The UK, EU and US have all come up with legislative ‘fixes’ to try to (temporarily at least) solve this problem. There are still areas that need to be finalized, though the position is clearer than it was. What will happen will depend on the currency of the loan(s), the governing law