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Loss of earnings claims frequently arise in personal injury matters and can represent the biggest category of compensation in many cases. This checklist sets out the key points to weigh up when assessing historic earnings loss in practice. For guidance on general damages, including pain, suffering and loss of amenity (PSLA), see: Valuing general damages—checklist. Considerations Details Potential evidence Further reading 13-week approach Where the claimant had stable employment, pre-accident net pay is usually derived from the average taken across the three months (13 weeks) immediately preceding the incident, producing a representative net pay figure. Potential evidence: payslips covering the three months/13 weeks before the accident. Further reading: Practice Note: Past loss of earnings; Commentary: Earnings: Butterworths Personal Injury Litigation Service [1303]–[1366]. Alternative approach If a 13-week mean is unsuitable or unrepresentative—such as with seasonal roles, fluctuating pay, bonuses, atypical weeks, holidays or overtime—use a longer look-back, for example the prior 6,...
What is a captive insurance company? A captive insurer is a fully owned subsidiary set up to manage and mitigate the risks of its parent and related entities. When the parent cannot secure appropriate cover from the traditional market for certain risks Premiums paid into the captive can generate savings for the parent or related parties Ability to place cover with reinsurers that the parent cannot access directly Addresses specific risks not available in the wider insurance market Funds the deductibles on policies purchased by the parent Investment income available to offset losses Improved control over claims Cover tailored to your needs Reduced reliance on commercial insurance Stabilisation of pricing Key takeaways A captive insurer is a wholly owned subsidiary that mitigates risk for its parent and related entities Benefits can include lower insurance costs, potential tax advantages, underwriting earnings, and tighter control over its cover Captive insurance companies...
In this issue: Key developments UK immigration control: how it works Sponsored work Students Challenging immigration decisions and enforcement LexTalk®Immigration: a Lexis®Nexis community Daily and weekly news alerts New and updated content Key developments Future developments—Immigration calendar Note that our Immigration calendar outlines key forthcoming developments for business immigration advisers. Home Office announces contribution-based settlement model The Home Secretary, the Rt Hon Shabana Mahmood MP, has issued an update on proposals to amend the rules for settlement (indefinite leave to remain), first set out in the May 2025 Immigration White Paper. She confirmed a ‘contribution-based settlement model’ will be introduced, intended to cut net migration, enhance integration, and reduce strain on public services. Under the plan, the qualifying period for settlement (indefinite leave to remain) will move from five to ten years of lawful residence in the UK. The model would permit applicants to shorten this ten‑year route if they meet specified...
Saunders v HMRC [2025] UKUT 374 (TCC) The Hibernia group engaged the taxpayer in the UK from 2008 to 2016, and he lived in the UK for the whole of that employment without interruption. In April 2013, the group granted him SARs at a stated price under the plan. On vesting, the SARs gave him a right to a cash amount if at least 43% of the shares in the group’s parent company were sold. That amount was computed by the uplift in the shares’ value from grant to sale on that basis. Approximately half of his SARs vested immediately, with the balance vesting in three equal tranches in July 2013, July 2014 and July 2015 respectively. He left Hibernia’s employment on 31 July 2016 and thereafter became non-UK resident the next day. The group was subsequently sold and, in January 2017, Hibernia paid him £1.2m in respect of the SARs, net of PAYE income tax and NICs. He reclaimed the amounts withheld via his self-assessment return. After opening...
Taxation regime What factors determine tax liability in your jurisdiction (eg domicile, residence or citizenship)? Türkiye’s tax landscape is intricate, operating through numerous laws, regulations, communiqués and subsequent amendments. The key legislative instruments include: Tax Procedure Law No. 213 (10 January 1961) Corporate Tax Law No. 5520 (21 June 2006) Value Added Tax Law No. 3065 (2 November 1984) Stamp Tax Law No. 488 (11 July 1964) Income Tax Law No. 193 (6 January 1961) Broadly, the Turkish Tax System is considered under three headings: (i) income taxes, such as individual income tax and corporate income tax; (ii) taxes on expenditure, including Value Added Tax (VAT), the Banking and Insurance Transactions Tax and Stamp Tax; and (iii) taxes on wealth, for example Property Tax and Inheritance and Gift Tax. For natural persons, residency, ownership of property and citizenship are key in determining which taxes apply in Türkiye. An individual’s tax burden is mainly linked to their earnings,...
This Practice Note examines methods for valuing law firms and sets out the elements most prone to shape that assessment. Although several conventional approaches exist, it offers a worked illustration of an earnings-led valuation (discounted economic income). Investors commonly adopt this approach when pricing a company and, therefore, it is a vital computation to undertake before starting any talks. The outcome might be below your expectations, yet it provides a window into the sum an investor or acquirer could be prepared to offer. The discounted economic value model In brief, this model projects a firm’s future net cash profits and discounts them to today’s value. By applying an appropriate discount rate, it seeks to reflect the spectrum of risks the business encounters in generating that earnings flow over time. The exercise, therefore, converts anticipated cash returns across multiple years into a single current figure that recognises uncertainty, timing, and sustainability in the delivery of the net income stream...
Overview This Practice Note outlines key characteristics of covenant loose and covenant lite financings and considers certain risks that investors in these facilities may encounter. It assumes a degree of familiarity with leveraged finance terminology and documentation. For introductory material on leveraged finance financial covenants, see Practice Note: Leveraged finance—financial covenants. For an introductory guide to acquisition finance, see Practice Note: Introductory guide to acquisition finance. The Glossary of acquisition finance terms and jargon may also be helpful... Terminology Traditional ‘covenanted’ facility European leveraged facility agreements have traditionally included a package of financial covenants designed to monitor the borrower‑group’s financial performance against a base case financial model. The full suite typically comprises the following covenants: Leverage — this is the ratio of the group’s total [net] indebtedness to its earnings before interest, tax, depreciation and amortisation ( EBITDA ). The leverage ratio gauges the group’s indebtedness against its ordinary operating profit; the higher the ratio, the more indebted the group and the greater...
[ IN THE COUNTY COURT AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE ] [ [ IDENTIFY DIVISION ] ] [ [ IDENTIFY SPECIALIST COURT ] ] [ [ INSERT LOCATION ] DISTRICT REGISTRY ] Claim No: BETWEEN [ A B ] Claimant and [ X Y ] Defendant SCHEDULE OF LOSS The Claimant retains the entitlement to vary, revise or supplement this schedule at any time up to and including trial. General damages: To be assessed Loss of earnings: The Claimant’s weekly net pay before the accident was £350 per week...
[ IN THE COUNTY COURT AT [ insert ] OR IN THE HIGH COURT OF JUSTICE ] [ [ SPECIFY DIVISION ] ] [ [ Specify Specialist court ] ] [ [ INSERT LOCATION ] DISTRICT REGISTRY ] Claim No: Between [ A B ] Claimant and [ X Y ] Defendant COUNTER SCHEDULE OF LOSS The Defendant retains the right to vary, revise or supplement this counter schedule at any point up to and including trial. General damages Claim: To be assessed Defendant’s figure: To be assessed Defendant’s comments: — Loss of earnings Claim: £3,500.00 Defendant’s figure: £1,200.00 Defendant’s comments: The Defendant intends to rely upon the evidence of Dr Smith, who stated that the Claimant was capable of returning to work four weeks after the accident. Moreover, the amounts sought are gross. The Claimant’s average net...
Where the claimant trades as a sole proprietor, the assessment of losses is essentially a calculation of net earnings from self-employment, after deducting all overheads, tax, and similar items from their total gross takings for the year...