A tax deducted from foreign investment income. The tax can often be claimed back, either at source or via a reclaim process.

In many jurisdictions, including the United Kingdom, borrowers are, in certain circumstances, obliged to withhold a proportion of the interest payable to the lender and pay the withheld amount to the tax authorities. This Practice Note provides an overview of when UK withholding tax is applicable to lending and lists the key exemptions. For more detailed information on how withholding tax is dealt with in facility agreements, see Practice Note: Tax considerations on a loan agreement—the tax gross up clause and Reviewing a loan with a view to alleviating UK withholding tax risk—checklist. What is withholding tax? Withholding tax is a method of collecting tax at source from the person who makes the payment (as opposed to collecting it from the recipient of the payment). Withholding tax is an efficient way for tax authorities such as His Majesty's Revenue and Customs (HMRC) to collect tax as the person making the payment has the administrative burden of: • withholding the appropriate amount of income tax from the payment, and • accounting for such tax to HMRC Withholding

Whether there is a presumption in favour of a birth parent was considered within the context of private law proceedings by the Court of Appeal in Re E-R (Child Arrangements Order). The background to the case was that the subject child lived with her mother who was terminally ill. At first instance, the court had provided for the child to live with the father upon the death of the mother, rather than under a special guardianship order with the friends of the mother who had been caring for the child and mother during the latter’s illness. As can be seen at para 35 of the judgment, the court rejected

Since the coming into force of the Child Support Act 1991 (CSA 1991) the Child Maintenance Service (CMS) and its precursor bodies have had sole jurisdiction in matters relating to child support in the vast majority of cases. The courts have retained jurisdiction in particular circumstances, including where income exceeds a set minimum ('top-up' orders, pursuant to CSA 1991, s 8(6)), where the parties agree (although either can seek a CMS assessment after 12 months) or where there is a foreign element, depending on the circumstances. A court order therefore

It is commonly the case, particularly where there are insufficient matrimonial resources to provide for two homes, that the interest of the non-primary-carer of a minor child will be postponed until the happening of certain trigger events, protected either by a beneficial interest or by a charge, commonly referred to as Martin and Mesher orders after the cases in which their use was first reported (Martin v Martin and Mesher v Mesher and Hall). This allows for the security of a home for the child(ren), who are the court’s first consideration

Where a party resists disclosure on the basis of privilege, the onus is on that party to satisfy the court in that regard. The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 do not specifically refer to the issue of privilege, and therefore reference must be made to the common law. Legal professional privilege (LPP) is a common law doctrine that protects communications between a professional legal advisor and a client. The privilege belongs to the client and means that, save in very limited circumstances, documents that are covered by privilege do not have to be disclosed. The reasoning underlying the LPP is that a client should be able

Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 29.1 provides that unless the court requires otherwise, a party is not required to reveal: '(a) the party’s home address or other contact details; (b) the address or other contact details of any child; (c) the name of a person with whom the child is living, if that person is not the applicant, or (d) in relation to an application under s.28(2) of the 2002 Act (application to change a child’s surname), the proposed new surname of the child' The procedure in such a situation is that the party who does not wish to reveal any

A child must be registered at birth in accordance with the Births and Deaths Registration Act 1953, and the first name and surname registered at that time are to be the ones it is intended the child should be known by. It is possible, however, for there to be a change in the first name and/or surname that a child is known by subsequent to registration. If a parent wishes to make such a change, they should consult anyone else who holds parental responsibility for the child. If the proposed change of name is disputed by someone who holds parental responsibility, an application will need to be made to the court. The application

A special guardianship order is an order pursuant to section 14A of the Children Act 1989 (ChA 1989) which gives the special guardian parental responsibility for the child in respect of whom the order is made. Subject to any other order in place, that parental responsibility may be exercised to the exclusion of any other person with parental responsibility for the child. Unlike an adoption order, a special guardianship order does not end the parental responsibility of a birth parent, and it may be discharged or varied in the future. While a special guardianship order may be made without a formal application from the person who

A collective investment scheme (CIS) is a form of investment fund and is defined in Section 235 of the Financial Services and Markets Act 2000 (FSMA 2000). There are a number of exclusions available under the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001, SI 2001/1060 and exemptions for debt issues are set out in full in paragraph 5 of the Schedule to the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001, SI 2001/1062. Further information

Whether the pub is an asset of community value (ACV) An asset can be listed if its principal use furthers (or has recently furthered) the community’s social well-being or social interests, and is likely to do so in the future (see section 88 of the Localism Act 2011 (LA 2011)). In order to become listed, the pub must be nominated by a local community group or parish council. Local pubs are generally considered as furthering the community’s social well-being or social interests. For example see appeal decisions Hawthorn Leisure v St Edmondsbury BC (Localism Act 2011) and Wellington Pub Limited v Kensington & Chelsea BC BC CR/2015/0007 (not reported by Lexis+® UK). The following considerations have been noted as relevant when applying the statutory criteria: • whether

A winding-up petition pursuant to section 123(1) of the Insolvency Act 1986 can be presented 21