Excluded subject matter meaning

Definition of ‘court’ The Draft Bill introduces a revised meaning of ‘court’, tied to the category of arbitration and the seat: For arbitrations other than international commercial arbitrations (‘ICA’): where the seat is determined, ‘court’ is the court with pecuniary and territorial jurisdiction over that seat. If the seat is not determined, it is the court with pecuniary and territorial competence to adjudicate the disputes that form the subject-matter of the arbitration. For ICAs: where the seat is determined, ‘court’ is the High Court with territorial jurisdiction over the seat. If the seat is not determined, it is the High Court with territorial jurisdiction to resolve the disputes that constitute the subject-matter of the arbitration. The proposed amendment should also clarify, within the definition, the proper court for applications linked to foreign-seated arbitrations. Where Part I of the Act has not been explicitly excluded, parties to foreign-seated arbitrations may seek the assistance of Indian courts for interim relief under Section 9 of...

This Practice Note explores the Hague Convention on Choice of Court Agreements and how it operates when enforcing a court judgment or a judicial settlement. It addresses what counts as a judgment and a judicial settlement, the criteria for recognition and enforcement of a court judgment, including severability, together with enforcement of non-monetary orders and judicial settlements. The Practice Note also outlines the steps for recognition and enforcement, the supporting documents needed, and points specific to England and Wales. Finally, it considers the bases for refusing recognition or enforcement under the convention. For practitioners using the Convention, an explanatory report by Trevor Hartley and Masato Dogauchi offers detailed commentary on each article. It further signposts severability within judgments and the treatment of non-monetary relief and settlements under the convention. Does the Convention apply?—transitional provisions Article 16 of the convention is central when deciding whether the convention governs a matter involving a newly acceding contracting state. For general guidance, see Practice Note: Hague Convention on Choice of Court Agreements—application...

This Practice Note outlines the requirements and procedural steps for European patent applications at the European Patent Office (EPO), covering EPO post‑grant opposition and limitation procedures. It further explains that, once a European patent is granted, the proprietor may lodge a ‘request for unitary effect’ with the EPO to obtain a unitary patent. European patents There are two types of European patents: European bundle patents—often called ‘classic’ or ‘traditional’ European patents, or simply European patents or EPs for short, and European patents with unitary effect—commonly known as unitary patents European bundle patents The European Patent Convention (EPC) created a single route for securing patents in multiple countries from one patent application. The EPC is applied by the EPO, which serves as the executive arm of the European Patent Organisation, an international organisation with 39 member states, including all 27 EU Member States plus certain non‑EU members such as the UK, Norway, Switzerland and Turkey. European bundle patents can confer protection...

The derivative contracts rules The derivative contracts regime determines how a company’s profits and losses arising from its derivative arrangements are taxed. The core provisions are contained in Part 7 of the Corporation Tax Act 2009 (CTA 2009), which this Practice Note refers to simply as Part 7. Relevant secondary legislation also applies, in particular the regulations commonly called the ‘Disregard Regs’ (the Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) Regulations 2004, SI 2004/3256). This Practice Note considers the entities involved, together with the categories of instruments and transactions that fall within the ambit of the derivative contracts regime. For rules on computation—covering how profits and losses on derivative contracts are calculated and brought into account for corporation tax—see Practice Note: Taxation of derivatives—the main rules...

Mary Ashley of 15 Old Square Higher SDLT rates apply where an individual buys a major interest in a single dwelling if conditions A–D are met at day‑end: A — consideration of £40,000 or more B — not subject to a lease with over 21 years unexpired C — purchaser owns another £40,000+ dwelling not so leased D — does not replace the only or main residence Dwelling includes a building or part used, suitable or being built/adapted as one dwelling, its gardens, grounds and benefiting land, and off‑plan contracts. Mixed‑use is excluded; no apportionment. As this freehold includes residential and non‑residential parts, it is mixed‑use, so the 3% surcharge should not arise. Sean Randall of Blick Rothenberg Limited The 3% applies to “higher rates transactions” in FA 2003, Sch 4ZA, paras 3–7, each requiring the main subject‑matter to consist of a major interest in at least one dwelling. The chargeable interest includes the first‑floor flat but does...