Form VCS SEIS 1 is the form on which an issuing company must make its compliance statement to HMRC in order to start the process of claiming SEIS relief for its investors. As explained in Practice Note: SEIS—process for seeking advance assurance and claiming relief, under section 257ED(3) of the Income Tax Act 2007 (ITA 2007), a company cannot submit the form until either: • at least 70% of the money raised by the issue has been spent for the purposes of the qualifying business activity for which it was raised, or • the new qualifying trade which constitutes the qualifying business activity or to which

If marketers want to advertise products as ‘free’ they must adhere to the rules set out in the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) and its broadcast equivalent (BCAP Code). The codes state that advertising must not describe a product as ‘free’, ‘gratis’, ‘without charge’ or similar if the consumer has to pay anything other than the unavoidable cost of responding and collecting or paying for delivery of the product. Marketing communications must make clear the extent of the commitment the consumer must make to take advantage of a ‘free’ offer. Marketing communications must not describe products as ‘free’ if: • the consumer has to pay packing, packaging, handling or administration charges for the ‘free’ product (note this does not include standard costs of postage, carriage, non-premium rate telephone charges or reasonable travel to collect the offer) • the cost of response, including the price of a product that the consumer must buy to take advantage of the offer, has been increased,

We have assumed that this Q&A is referring to a statement of costs lodged for the purposes of summary assessment. Practice Note: VAT on costs sets out and explains the special provisions relating to VAT in CPR PD 44. These provisions apply to claims for VAT in respect of costs being dealt with by either summary assessment or detailed assessment (CPR PD 44, para 2.1). Form N260 is a model form of statement of costs to be used for summary assessment. The statement of costs must be filed and served on any party against whom an order for payment of those costs is intended to be sought as soon as possible and in any event (CPR 44 and CPR PD 44, para 9.5(4)): ‘(a) for a fast track trial, not less than 2 days before the trial; and (b) for all other hearings, not less than 24 hours before the time fixed for the hearing.’ CPR PD 44, para 9.5(2) states: ‘(2) Each party

When can you apply for specific performance of a contract? As explained in our Practice Note Equitable remedies in contractual disputes, specific performance of a contractual obligation may be ordered only where there is a valid and enforceable contract. After an order for specific performance the contract continues in existence, but the court controls the manner in which the contract will be performed. Specific performance is not available following

Dispute Resolution analysis: The High Court has awarded summary judgment on the merits against multiple defendants in relation to a complex fraud claim. The decision is unusual because although the standard of proof in fraud claims is the same as in all other claims, it is rare for a finding of fraud to be made on a summary basis. Claimants who allege fraud and dishonesty generally need to provide clearer and more persuasive evidence than is required for other torts. This is frequently not available at such an early stage in proceedings as fraudsters often hide the facts or deceive their victims. Further, because the court must avoid conducting a mini-trial on a summary basis, the evidence must be strong enough to show that the prospect of success of any defence must be ‘truly fanciful as opposed to real’. In this case, the necessary evidence was obtained through a series of disclosure orders and non-party (Norwich Pharmacal) disclosure orders against banks and other financial institutions. Written by Harriet Campbell, professional support lawyer at Stephenson Harwood LLP.

In answering this Q&A, it is assumed that reference is being made to the recovery of a debt from an individual rather than a corporate entity. Obtaining a charging order to secure a costs judgment A judgment or order for costs can be treated the same as a money judgment with regards to enforcement. We refer you to the Q&A: Can I obtain a charging order to secure a costs judgment? What is the process and is permission to issue a charging order application required?, which addressed a similar question and may help you in your research. For further guidance generally on costs orders, interest and enforcement, see Practice Note: Cost orders—interest, payment and enforcement and Q&A: How do I enforce a High Court Costs Order? Enforcing a debt When seeking the most appropriate

A claim for loss of profits arising out of reputational harm can be a head of loss in a number of different actions. In defamation it is necessary for a claimant to establish that the meaning of a slander or libel is defamatory at common law but also that its publication has caused or is likely to cause serious harm to the reputation of the claimant (section 1(1) of the Defamation Act 2013). Additionally, bodies that trade for profit must show that serious financial loss has been caused or is likely to be caused in order for ‘serious harm’ to have been caused. This therefore requires proof of actual loss, for example a

This Practice Note considers the circumstances in which a settlement agreement may be set aside, including on the grounds of validity, whether by reason of capacity, mistake, illegality, fraud, so-called ‘sharp practice’ and duress. Challenging the validity of a settlement agreement Where the validity of a settlement agreement the subject of a Tomlin order or another final order made by consent is challenged, if proceedings were in existence before the settlement was made, a party may apply in the current proceedings to set aside the court order giving effect to the settlement under CPR 3.1(2)(p). This rule enables the court, under its general powers of case management, to make any order for the purpose of managing the case and furthering the overriding objective. Under the law of contract, there are circumstances in which a settlement agreement may be ineffective and it can be set aside. These include: • where one of the parties lacks capacity (for example, a child or a person lacking capacity under Mental Capacity Act 2005)—see: Setting aside a settlement

The ‘right to light’ is a legal easement which gives property owners the right to enjoy light passing over somebody else’s land, usually through a window. If the light is diminished by a new development such as to cause a nuisance, then the person asserting their right to light may be able to take legal action in respect of that. There are a number of ways to acquire a right to light, the most common being by prescription. There are three ways that a right of light can be acquired by prescription: • under the Prescription Act 1832 (PA 1832) • at common law by proving use of the right since time immemorial, or • by lost modern grant The most commonly relied on is under PA 1832, s 3 whereby when the access and use

In answering this Q&A we have focused on a business-to-business transaction under which the fault in the asset constitutes a breach of the terms of the contract and on claiming damages for breach of contract. The elements of any claim will depend upon the usual rules of claiming damages for breach of contract (and how the circumstances pertain to them) together with any express provisions in the contract. General principles of damages The normal function of damages for breach of contract is the same as that in tort, namely, compensatory. The aim being to compensate the true loss suffered by the innocent party and place them in the same position, so far as money can do it, as if the contract had been performed. There are three main categories of damages, which may be recoverable

There is no free standing right to interest in an adjudication (see the Court of Appeal decision of Carillion Construction v Devonport Royal Dockyard). The adjudicator only has power to award interest if that issue has been referred to him/her, it has been agreed by the parties to be within the scope of the adjudication, it was a matter which the adjudicator considered to be within the scope of the adjudication, or it was a matter which the adjudicator considered to be necessarily connected with the dispute. The parties can give the adjudicator jurisdiction to consider questions of interest and, in so doing, confer on the adjudicator a jurisdiction to award interest that he or she would not otherwise have. There are five possible bases on which the adjudicator can award interest: • (1) the contract provides for interest and the issue of interest is referred

Where a person is purchasing a property which contains a main house and a granny annex then in establishing whether the higher 3% rates apply, it is necessary to consider the specific provisions in paragraph 5 of Schedule 4ZA to the Finance Act 2003 (FA 2003). If an individual purchaser acquires a major interest in two or more dwellings in one transaction the higher 3% rates apply where at least two of the dwellings acquired satisfy the following conditions: • the chargeable consideration attributable to the dwelling is £40,000 or more (apportioned on a just and reasonable basis) (Condition A) • the purchased interest is not subject to a long lease (unless that lease has an unexpired term of 21 years or less) (Condition B), and • the