What does Unit trust mean? A unit trust is a pooled investment fund set up as a trust to hold assets for multiple investors, who participate as unit‑holders. In practice it is an open‑ended collective investment scheme: investors buy and redeem units, and each unit represents a proportionate beneficial interest in the trust fund. Unit prices (NAV) move directly with the value of the underlying assets. Key features include separation of roles: a trustee/custodian holds legal title and safeguards the fund, while a manager makes investment decisions under the trust deed and applicable regulations. The structure enables investors to gain diversified exposure with...
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Many investors, notably those not resident in the UK, hold UK real estate investments through offshore unauthorised property unit trusts. These trusts are frequently formed in the Channel Islands (commonly Jersey or Guernsey) or the Isle of Man, though they can also be constituted under the laws of other non-UK jurisdictions. For the purposes of this Practice Note, such property unit trusts, wherever set up, are referred to as Jersey Property Unit Trusts (JPUTs), given the prevalence of Jersey structures. JPUTs gained traction historically because UK real estate could be transferred into a JPUT without triggering stamp duty land tax (SDLT). This relied on a specific exemption called ‘seeding relief’, which was abolished from 22 March 2006. Section 133 of the Finance Act 2016 introduced a different form of seeding relief, but it is restricted to authorised contractual schemes and property authorised investment funds, and does not apply to JPUTs. Owing to that historic relief, coupled with the continuing ability to transfer units in a JPUT that holds UK real estate without incurring stamp duty, SDLT or stamp duty reserve tax (SDRT), a significant number of UK properties are still held via JPUTs...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...