SIM meaning

See Q&A: At what point does income from a trust become accumulated and capital in nature, so that payments of the same funds are capital and the beneficiary cannot claim income tax back at their marginal rate? For present purposes, assume the trust is discretionary and that nobody has an interest in possession in its income. Accumulation denotes the transformation of income into capital; once that has happened, any later payments out of those same sums are treated as capital, and the beneficiary cannot reclaim income tax at their marginal rate. For income to be properly accumulated, certain requirements must be met: there must exist a power or trust to accumulate, granted by the trust instrument or under the Trustee Act 1925 (TA 1925), or possibly arising at common law—see Lombe v Stoughton (1841) 12 Sim 304 (not reported by LexisNexis®UK) There is also statutory authority to accumulate income from funds held for a beneficiary who is a minor, to the extent...

What is the scope of the Bill and which are the key provisions in the Bill which are of relevance to corporate crime lawyers? The Bill spans an unusually broad remit, addressing multiple strands of governmental policy. A large share of its proposals do not concern economic or corporate offending—for instance, clauses aimed at tackling ‘nuisance’ begging and broadening offences linked to encouraging or aiding self-harm. Even so, it also advances several reforms of relevance to corporate crime practitioners, some of which are of pivotal importance for corporate crime lawyers especially...

The ex-customer, Edward Mendez, asked the court in a 12 August 2024 reply brief to set aside an AAA arbitrator’s decision that favoured T‑Mobile and to assume jurisdiction to hear his Federal Communications Act claim, alleging the company’s poor security led to the loss of almost US$240,000 in cryptocurrency. In responding to T‑Mobile’s brief upholding the award, Mendez contended that the opacity of AAA arbitrations skews the process towards corporations, which can review an arbitrator’s history, while consumers ‘are kept in the dark’. ‘This disparity creates a serious conflict of interest, because ruling against a corporation can effectively blacklist an arbitrator from future appointments, jeopardising their professional standing’, Mendez said. He cited the sole AAA arbitrator, Laura Reich of Harper Meyer LLP, who determined his case, arguing her decision overlooks a non‑waivable statutory duty imposed by the Federal Communications Act. Moreover, Mendez noted, the Federal Communications Commission has clearly stated that such duties cannot be negated by contractual disclaimers. By contrast, T‑Mobile’s 5 August 2024 brief opposing Mendez’s amended petition...

CASE HUB ARCHIVED This archived case hub reflects the position as at the judgment dated 26 September 2018 and is no longer maintained. See further: timeline and relevant/related cases Case facts Outline Philips brought an appeal against the General Court’s ruling that confirmed the Commission’s decision of 3 September 2014 (Case AT.39226). That decision established an infringement of Article 101 TFEU and levied fines on Philips for its purported involvement in a cartel relating to the supply of smart card chips. Outcome On 26 September 2018, the Court of Justice delivered its judgment, dismissing Philips’ appeal in its entirety. Parties Applicant: Koninklijke Philips NV (Philips) Philips France SAS (Philips France) Defendant: European Commission Philips, headquartered in the Netherlands, is a global technology company also engaged in the production and supply of smart card chips. Market(s) The supply of smart card chips within the EEA. Smart card chips...

ARCHIVED : This case tracker has been archived and is not maintained. It hosts a catalogue of notable pensions judgments delivered in 2015. Alexander and others as Trustees of the Scottish Solicitors Staff Pension Fund v Pattison and Sim Case reference: CA63/13. The dispute concerned a Scottish pension scheme providing benefits to employees of solicitors’ firms and their dependants, and focused on changes to the scheme’s trust deed and rules. Until 1991, the rules imposed a ‘triple‑lock’ for amendments, demanding a two‑thirds majority at three separate general meetings: one of all employers and members, one of all contributing members, and one of all employers. The trustees pursued pension arrears of £50,224 to recover contributions alleged to be owed by the defenders in respect of a former employee of that firm, with the claim founded on amendments made to the scheme rules since 1990. The defenders (the firm of Pattison &...

This Practice Note offers a concise guide to the evolution of the doctrine of forum non conveniens; the principle engaged when asking the court to stay proceedings in favour of litigation in another jurisdiction. For a summary of how the doctrine operates today, see: Determining court jurisdiction—overview. In English law, the concept was absent until 1984, although it was acknowledged in Scots law. The doctrine can be said to have been adopted into English law only after the House of Lords judgment in The Abidin Daver (1984). Authority and citation Sim v Robinow (1892) 19 R 665 (not available in Lexis®Library) Issue: Forum non conveniens. Test: Whether the foreign proceedings are better suited to resolve the parties’ interests and to achieve the ends of justice. Comment: A stay will not be ordered unless the court is satisfied that another competent forum exists where the matter can be tried more appropriately, having regard to all parties’ interests and the...

This Agreement is entered into on [ insert date ] Parties [ insert name ], a company incorporated in [ England and Wales ] with registered number [ insert registered number ], whose registered office is at [ insert address ] (Supplier); and [ insert name ], a company incorporated in [ England and Wales ] with registered number [ insert registered number ], whose registered office is at [ insert address ] (MVNO). Each of the Supplier and the MVNO is a party and, together, the Supplier and the MVNO are the parties. Background The Supplier operates a mobile network within the Territory. The MVNO functions as a mobile virtual network operator in the Territory. The Supplier has agreed to supply wholesale mobile electronic communications services to the MVNO for onward sale [ on a pre-pay basis OR on a post-pay basis OR on a pre-pay and post-pay basis ] in the Territory, in accordance...