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In this issue: Wills Powers of attorney and advance decisions UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Contentious trusts and estates Pensions, insurance and tax efficient investments Scotland, Wales and Northern Ireland International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis®PSL community New and updated content Dates for your diary Trackers Latest Q&As Useful information Wills Video-witnessed Wills regulations set to expire on 31 January 2024 The Wills Act 1837 (Electronic Communications) (Amendment) Order 2022 (SI 2022/18) extended the facility for remote witnessing of Wills—introduced during the coronavirus (COVID-19) pandemic in England and Wales—until 31 January 2024. Proposals for any further prolongation to permit remote execution have not been taken forward. See: LNB News 29/01/2024 58. STEP advocates for a single statutory test for testamentary capacity ...
In this issue: EAT: Melki v Bouygues and S Contracting UK Ltd—rule 37(5) applies to all appeals; omitting Grounds of Resistance pre‑30 Sept 2023 was not a minor slip, so time could not be extended. Employment tribunals: 2024/366 revises the 2013 Rules from 6 April—new response time restarts, practice direction compliance, and rule 92A for digital case management. Court reform: HMCTS shifts programme deadline to March 2025 to bolster capacity, refine tech and stabilise platforms. Status: MEPs back the Platform Work Directive, tightening status tests and algorithmic oversight; formal approval due April. Jurisdiction: Yacht Management v Gordon—GB claims permitted as duties started/ended at home base in Aberdeen. Immigration: HC 590 implements five‑point plan measures across Skilled Worker and family routes from April–June 2024. Tax/Pensions: PAYE set‑off for off‑payroll income; Class 2 NICs consequential tweaks; lifetime allowance replacement rules and related regulations live from 6 April. Equality/Health & safety: schools’ reasonable adjustments clarified; Rentokil failed to trial adjusted role; COVID‑19 detriment...
Insurance contracts have long seemed enigmatic to law students and practising lawyers. The reason is that they are contracts of the utmost good faith. They are unlike ordinary agreements: they must be treated with exceptional care. The central element of the obligation of utmost good faith, as articulated in the Marine Insurance Act 1906 (MIA 1906), is the policyholder’s duty to volunteer information to the insurer that would ‘influence the judgment of a prudent insurer’ when deciding whether to accept the risk and what to charge for it (see: MIA 1906, s 18). This has always been a demanding requirement. In truth, it has long been a tall order. It expects the policyholder to second‑guess the insurer’s thinking and make disclosure on that basis. The insurer, by contrast, was free to sit back and remain passive, under no obligation to offer the policyholder any hints or prompts. It was straightforward for the policyholder to breach this duty, with severe consequences: any material non‑disclosure (honest, innocent, careless or otherwise) entitled the...
Banking & Finance glossary A Auditing and Accounting Organisation for Islamic Financial Institutions (AAOIFI) The foremost Islamic, international, autonomous, independent, not-for-profit corporate body that develops and issues accounting, auditing, governance, ethics and Shari’ah benchmarks and standards for Islamic Financial Institutions (IFIs) and the wider Islamic finance sector. Founded in Bahrain in 1991, it is backed by a number of institutional members across more than 45 countries, including central banks and regulatory authorities, financial institutions, accounting and auditing practices, and legal firms. Its pronouncements are currently applied by leading Islamic financial institutions across the world and have advanced a progressive and gradual harmonisation of global Islamic finance practice. It also delivers professional qualification programmes—notably Certified Islamic Professional Accountant (CIPA), Certified Shari’ah Adviser and Auditor (CSAA), and the corporate compliance programme—in efforts to strengthen the industry’s human capital and governance frameworks. For further details, see Practice Note: Key participants in the Islamic finance industry—Accounting and Auditing Organisation for Islamic Financial Institutions (AAOIFI). Acceleration Acceleration is the formal action...