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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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The UK’s rules on hybrid and other mismatches The UK’s regime for hybrid and other mismatches (referred to in this Practice Note as the hybrid rules) has applied since 1 January 2017, aiming to neutralise tax outcomes that arise from how a hybrid instrument or hybrid entity is treated for tax. Although these rules generally concern cross‑border dealings across two or more jurisdictions, they can equally extend to transactions conducted entirely within the UK. In essence, the hybrid rules address: deduction/non‑inclusion mismatches ( D/ NI mismatches), ie where a payment within a hybrid mismatch arrangement is deductible for tax in the payer jurisdiction but not brought into the taxable income of the recipient or a related party investor, and double deduction cases ( DD cases), ie where a payment under a hybrid mismatch arrangement gives rise to more than one tax...
Hybrid and other mismatches The UK’s rules on hybrid and other mismatches (termed in this Practice Note the hybrid rules) have been in force since 1 January 2017 and are intended to neutralise tax asymmetries arising from how a hybrid instrument or hybrid entity is treated for tax purposes. While they generally address cross‑border dealings spanning two or more jurisdictions, the hybrid rules can equally bite on wholly UK domestic arrangements. In particular, they focus on: deduction/non‑inclusion mismatches ( D/ NI mismatches), i.e. where a payment made under a hybrid mismatch arrangement is deductible in the payer’s jurisdiction for tax purposes but is not brought into the taxable income of the payee or a related party investor; and double deduction cases ( DD cases), i.e. where a payment under a hybrid mismatch arrangement triggers more than one tax...
What is the requirement to correct? The statutory footing for the requirement to correct ( RTC) sits in section 67 and Schedule 18 of the Finance ( No 2) Act 2017 ( F( No 2) A 2017). It obliged taxpayers with ‘relevant offshore tax non-compliance’—that is, undeclared UK income tax, capital gains tax ( CGT) or inheritance tax ( IHT) liabilities arising from offshore interests—to put matters right by notifying HMRC of any unpaid tax no later than 30 September 2018. HMRC’s RTC guidance explains that 30 September 2018 was selected as the final correction date because, by then, over 100 jurisdictions were scheduled to share financial account information under the Common Reporting Standard ( CRS). For background on the CRS, see Practice Note: Automatic exchange of information—the Common Reporting Standard: a summary. Those who did not provide the necessary disclosure to HMRC on or...
Since 2007, HMRC has run a series of disclosure routes for individuals with offshore investments. These schemes offered a limited window to come forward voluntarily and put tax affairs in order with reduced penalties compared with those later identified by HMRC This Practice Note provides a brief introduction to the: Offshore Disclosure Facility ( ODF), which closed in 2007 New Disclosure Opportunity ( NDO), which closed in 2010 Liechtenstein Disclosure Facility ( LDF), which closed in 2015 UK- Swiss Tax Co-operation Agreement ( Agreement) which closed on 31 December 2016 Jersey, Guernsey and Isle of Man Disclosure Facilities ( Crown Dependency Disclosure Facilities), which closed in 2015 Worldwide Disclosure Facility ( WDF) Offshore Disclosure Facility HMRC introduced the ODF in April 2007 to coincide with obtaining data on overseas account holders from five major clearing banks, using its powers under...
Practice Note This note outlines the Finance Act 2009 ( FA 2009) penalty framework for late payment of: income tax and Class 1 NICs collected through pay as you earn ( PAYE) student loan deductions income tax due under the Construction Industry Scheme ( CIS) Class 1A and Class 1B NICs the apprenticeship levy Overdue liabilities also attract interest; see Practice Note: Interest on late paid tax. How late payment penalties are worked out depends on the payment cycle: monthly or quarterly (this is usually the position for income tax and Class 1 NICs under PAYE, student loan deductions, CIS payments and apprenticeship levy payments), or annually (for Class 1A and Class 1B NICs) Penalties on late-paid self assessed income tax (rather than amounts settled via PAYE) are dealt with in Practice Note: Late payment...
In practice, the choice of a hedge fund’s legal form is led by regulatory and tax factors. From a tax perspective, as with any fund, the aim is, so far as practicable, to leave each investor in much the same tax position as if they held the fund’s assets outright. Against that backdrop, hedge fund-style offerings usually take one of two shapes: a managed account—ie a ‘no fund’ set-up a fund—ie a pooled investment vehicle If a pooled vehicle is selected, further points arise: whether the fund should be: onshore (ie UK, an OECD country, or EU) or offshore (and, if so, which jurisdiction) a partnership or a corporate entity a reporting or non-reporting fund for the UK offshore funds regime ...
Practice Note: Tax and hedge funds—structuring the hedge fund vehicle When shaping how a hedge fund’s investment management should be arranged, the choice of legal vehicle for the fund itself—and, in particular, where it is formed—matters greatly. As discussed in Practice Note: Tax and hedge funds—structuring the hedge fund vehicle, a hedge fund vehicle can, in practice, adopt one of these structures: a Cayman Islands company a limited partnership an entity set up in another low (non- EU) tax jurisdiction (eg the Channel Islands, British Virgin Islands or Bermuda), or an entity or structure created under a special tax exemption regime in an EU or OECD member country (eg a Luxembourg SICAV or an Irish OEIC) This Practice Note explores the key tax issues when deciding how to organise the management of the fund’s investments. For these purposes, it is assumed that management is undertaken from the UK, which...
FORTHCOMING CHANGE relating to the modernisation of stamp taxes on shares framework: In 2027, stamp duty and SDRT will be replaced by a single, self-assessed securities tax, the securities transfer charge ( STC), payable and reportable via a new online portal. The STC’s design will broadly mirror the proposals set out in the 2023 consultation. This forms part of the modernisation of the stamp taxes on shares framework. Finance Bill 2026 ( FB 2026) creates a power, commencing on Royal Assent, to make secondary legislation so taxpayers can pilot the digital service by self-assessing their stamp taxes on securities liabilities and submitting transactions electronically. For further detail on the modernisation of stamp taxes on securities, see: News Analyses: Budget 2025— Tax analysis— Stamp and transfer taxes Tax update spring 2025— Stamp taxes on shares modernisation Tax update spring 2025— Tax...
FORTHCOMING CHANGES: At Budget 2025, the government set out measures to be legislated in Finance Bill 2026: Cutting the writing-down allowance rate for main pool plant and machinery from 18% to 14%, effective 1 April 2026 for corporation tax and 6 April 2026 for income tax. This impacts companies and unincorporated businesses with main rate pools, for example where spend does not qualify for, or predates, first-year allowances ( FYAs) such as the super-deduction and full expensing. Introducing a new 40% FYA for qualifying main rate expenditure incurred from 1 January 2026, with fewer restrictions than other FYAs. It is expected to help chiefly where spend is not covered by the £1m annual investment allowance ( AIA) or existing FYAs (including full expensing). The 40% FYA will be available to all businesses (not just companies) and will include assets used for leasing (excluding overseas...
The general anti-abuse rule (the GAAR): neutralises—by making adjustments, on a just and reasonable basis, undertaken either by HMRC or by the taxpayer—for the purposes of counteraction any tax advantages that, leaving the GAAR out of account, would otherwise arise from abusive tax arrangements, and has operated since 17 July 2013 (being the date of Royal Assent to the Finance Act 2013 ( FA 2013)), except that, for National Insurance contributions ( NICs), it has applied only from 13 March 2014 This Practice Note explains: that the GAAR can be applied by taxpayers or by HMRC as appropriate in the circumstances how to determine which adjustments should be made to counteract abusive tax advantages in practice the procedure for counteraction by HMRC, including: the different kinds of notices that HMRC may give to a...
The general anti-abuse rule (the GAAR): neutralises, through just and reasonable adjustments made by HMRC or by the taxpayer, as appropriate any tax benefits that, absent the GAAR, would stem from abusive tax arrangements and schemes has been in force from 17 July 2013 ( Royal Assent to the Finance Act 2013 ( FA 2013)), save that, for National Insurance contributions ( NICs), it has only taken effect from 13 March 2014 This Practice Note discusses in detail: the nature and composition of the GAAR advisory panel and why it exists institutionally how the GAAR panel links with the GAAR guidance, together with the function, scope and authority of that guidance the effect of the GAAR panel’s opinions when applying the GAAR not just to the arrangements actually referred, but also to comparable...
STOP PRESS/ FORTHCOMING CHANGES : The UK intends to transpose the OECD’s Cryptoasset Reporting Framework ( CARF) into domestic law from 1 January 2026. This will be delivered via the Reporting Cryptoasset Service Providers ( Due Diligence and Reporting Requirements) Regulations 2025 ( SI 2025/744), laid before the House of Commons on 25 June 2025. On the same day, HMRC issued tax impact and information notes ( TIIN) for the measure, and also released guidance covering CARF reporting. At the same time, the government has brought forward amendments to the domestic implementation of the OECD’s Common Reporting Standard ( CRS) and to the UK’s obligations under the Intergovernmental Agreement with the US for the US Foreign Account Tax Compliance Act ( FATCA). The principal framework remains the International Tax Compliance Regulations 2015 ( SI 2015/878), with changes introduced by the...
As set out in Practice Note: Foreign branch exemption—foreign permanent establishments amount, specific rules govern how to compute the foreign permanent establishments amount ( FPEA), in order to determine exactly what portion of a company’s profits should be relieved from UK tax under the foreign branch exemption, and how those calculations must be applied... However, a UK company’s election to exclude profits attributable to its overseas permanent establishments ( PE) from UK tax could both: affect the other taxes payable by the UK company; and be counteracted by existing rules within those other taxes This Practice Note sets out certain special rules introduced to ensure the tax system, taken as a whole, continues to operate as intended, and summarises their interaction in the following broad areas: capital gains intangible fixed assets capital allowances other...
As set out in Practice Note: Foreign branch exemption—structure of the foreign branch exemption, the foreign permanent establishments amount ( FPEA) is the principal determinant of the extent of profit relieved from UK tax under the foreign branch exemption. This is because, where an election is in force, any profit or loss taken into account in arriving at the FPEA must be ignored for tax purposes—by making the necessary ‘exemption adjustments’—when calculating the company’s taxable total profits. Exceptions There are two significant exceptions to these rules, each of which is considered in turn below......
ARCHIVED This Practice Note is archived and no longer maintained. It covers the Finance Act 2022 ( FA 2022), which received Royal Assent on 24 February 2022. Retained for historical reference, it traces the legislation’s journey from draft publication through Parliament to enactment, outlines the principal provisions, and signposts significant milestones and documents, including published amendments pertinent to its passage... Progress of FA 2022 FA 2022—measure by measure For an overview of the draft Finance Bill 2022 released on 20 July 2021, see News Analysis: Legislation Day: Draft Finance Bill 2022— Tax analysis. For details of measures announced on Budget Day, 27 October 2021, see News Analysis: Autumn Budget 2021— Tax analysis. For comprehensive tracking of the consultations referenced, see: Tax—consultation and legislation tracker... Progress of FA 2022 This section sets out FA 2022’s progress from the publication of draft provisions to the...
ARCHIVED: This Practice Note is archived and no longer updated. It summarises the Finance Act 2021 ( FA 2021), which obtained Royal Assent on 10 June 2021. Kept for historical reference, it traces the legislation’s route through Parliament and outlines each provision in the Act, with relevant links The tracker is split into two parts: Progress of FA 2021 FA 2021—measure by measure For an overview of the draft Finance Bill 2020–21 published on 21 July 2020, see News Analysis: Draft Finance Bill 2020–21— Tax analysis. For an overview of the further provisions released on 12 November 2020, see News Analysis: Further provisions for draft Finance Bill 2021— Tax analysis. For details of measures announced on Budget day, 3 March 2021, see News Analysis: Spring Budget 2021— Tax analysis. For comprehensive monitoring of the consultations mentioned, see: Tax—consultation and legislation...
This Practice Note summarises the Finance Act 2020 ( FA 2020), which received Royal Assent on 22 July 2020. It is retained for historical interest, mapping the legislation’s journey through Parliament and outlining each measure in the Act with relevant links. The tracker is divided into two parts: Progress of FA 2020 FA 2020—measure by measure For an overview of the draft FB 2020 released on 11 July 2019, see News Analysis: Draft Finance Bill 2019–20— Tax analysis. For analysis of the draft legislation issued on 19 March 2020, see News Analysis: Publication of Finance Bill 2020 and consultations. For comprehensive tracking of the consultations referenced, see Tax—consultation and legislation tracker. Progress of FA 2020 This part of the Practice Note records how FA 2020 progressed through Parliament. 11 July 2019 — Draft legislation published ( Draft) 5 September 2019 —...
ARCHIVED This Practice Note is archived and no longer updated. It covers the Finance Act 2017 ( FA 2017), which obtained Royal Assent on 27 April 2017. Kept for historical reference, it traces the legislation’s passage through Parliament and summarises each measure in the Act with relevant links. For details on the Finance ( No 2) Act 2017—containing provisions removed from FA 2017 on 25 April 2017 following the announcement of the 2017 general election—see Practice Note: Finance ( No 2) Act 2017—progress through Parliament [ Archived]. For full tracking of the consultations referenced, see: Tax—consultation and legislation tracker. Contents Progress of FA 2017 FA 2017—measure by measure Measures anticipated but omitted from FA 2017 or the Finance ( No 2) Act 2017 Progress of FA 2017 This section of the tracker records FA 2017’s movement through Parliament. 5 December 2016 — Draft...
ARCHIVED This archived Practice Note reviews the pension reforms introduced by the Finance Act 2011, including changes to the lifetime and annual allowances, pension input periods and Scheme Pays; the easing of the obligation to take benefits at age 75; the lifting of age‑75 limits on lump sums and lump sum death benefits; issues around double taxation; and the disguised remuneration rules. It is not maintained and is supplied for background reference only. The Finance Act 2011 ( FA 2011) received Royal Assent on 27 July 2011. FA 2011 put into law revenue‑raising proposals set out by HM Treasury in July 2010 and confirmed on 14 October 2010, following concern that prior proposals advanced by the previous government singled out higher earners only and added complexity to the tax system as a whole......
ARCHIVED : This Practice Note is archived and not maintained. It gives guidance on tax reliefs available to British films and television programmes made or in development before 1 April 2025. From 1 January 2024, a new tax credit, the audiovisual expenditure credit ( AVEC), replaced the prior regime. Productions made, or still in development, before 1 April 2025 can continue to claim the old reliefs until 31 March 2027. New productions beginning on or after 1 April 2025 can claim only AVEC. This Note focuses on the former scheme, not AVEC; for AVEC, see Practice Note: The UK film and television audiovisual expenditure credit scheme. In the UK, creative sector tax reliefs under the Corporation Tax Act 2009 ( CTA 2009) apply to British films and television programmes. This Practice Note covers: the creative sector tax reliefs introduced by the Finance Act 2014; ...
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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 ]...
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