What does Plant and machinery mean? In legal practice, plant and machinery describes the equipment, apparatus and machines a business uses to carry on its trade, as distinct from the land or buildings in which it operates. The expression is used across multiple contexts and, for specific purposes, is informed by legislation and case law. For tax, what counts as plant and machinery determines entitlement to capital allowances (UK: Capital Allowances Act 2001; Ireland: Taxes Consolidation Act 1997), including treatment of fixtures and integral features. For non-domestic rating/valuation, regulatory lists identify which plant and machinery is rateable (with separate regulations in England and Wales, Scotland and Northern...
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This Practice Note explains roll-over relief for capital assets, a postponement of capital gains tax, or corporation tax on chargeable gains, available on certain disposals of business assets when the sale proceeds are reinvested into other business assets. When a business sells plant and machinery to obtain more modern equipment, or disposes of land and buildings in order to move to alternative premises, it may crystallise a chargeable capital gain (see Practice Note: What is a capital gain?). If traders in these circumstances faced an immediate tax liability, that could deter businesses from modernising, expanding or relocating. Hence the availability of roll-over relief for business assets. The underlying principle of the relief is that capital gains arising on business assets can remain untaxed so long as those gains are reinvested in other assets used within the business...
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 ]...