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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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FORTHCOMING CHANGE: Following the Autumn Budget 2024, the government initiated an independent review into the loan charge. Launched on 23 January 2025, the review’s remit was to examine the obstacles preventing people within scope of the loan charge, who have not settled and paid their tax liabilities in full, from reaching agreement with HMRC, and to recommend measures to encourage settlement with HMRC (see News Analysis: Autumn Budget 2024— Independent review of the loan charge). To support this work, a call for evidence—directed at those still affected by the loan charge and their advisers—was issued on 28 March 2025. The Final Report, together with the government’s response, was released at Budget 2025 on 26 November 2025......
STOP PRESS: Abolition of non-dom regime and remittance basis of taxation from 2025–26 From 6 April 2025, the Finance Act 2025 abolishes the remittance basis of taxation and introduces a residence-based approach. The reforms include a new Foreign Income and Gains ( FIG) regime, alongside changes to overseas workday relief. For further details, see Practice Note: The abolition of the remittance basis of taxation from 2025–26. FORTHCOMING CHANGE: As set out at Autumn Budget 2024, the government commissioned an independent review of the loan charge. Announced on 23 January 2025, the review will consider barriers preventing those subject to the loan charge who have not settled and paid their tax liabilities in full from reaching resolution with HMRC, and will recommend ways to encourage settlement with HMRC (see News Analysis: Autumn Budget 2024— Independent review of the loan charge). To inform the review, a call for...
An offshore unauthorised property unit trust provides a means to hold UK real estate as an investment. These trusts are most often set up in the Channel Islands—typically Jersey or Guernsey—or in the Isle of Man, though they can also be constituted under the laws of another non- UK jurisdiction. This Practice Note describes such property unit trusts, wherever formed, as JPUTs (reflecting the prevalence of Jersey property unit trusts). For the purposes of this Practice Note, it is assumed that a JPUT holds UK real estate as an investment and not as trading stock. For an explanation of that distinction, see Practice Note: Dealing in property or property investment? Historically, JPUTs were favoured because UK real estate could be transferred into a JPUT without incurring stamp duty land tax ( SDLT). That treatment arose under a specific exemption called ‘seeding relief’, which was...
Property development sits at the heart of what everyone in the real estate industry does, from dedicated developers to owners improving their own investment assets. Projects may span light refurbishment and significant remodelling right through to ground‑up builds. Participants are mainly taxed under the ordinary regime, although certain rules are tailored specifically to development. Schemes may deliver commercial premises, dwellings, or mixed‑use outcomes, for example flats above shopfronts at pavement level. Many of the issues overlap across commercial and residential schemes, though material distinctions also arise. Any project must address indirect taxes alongside direct tax questions. This Practice Note examines direct tax matters that arise specifically on commercial land development. Its focus is the position of landowners developing their own sites, rather than contractors delivering works without a proprietary stake in the land. It also encompasses investors enhancing their holdings as well as...
Non- UK companies Some UK property owners choose to hold assets through a company incorporated and tax‑resident outside the UK (this Practice Note refers to such an entity as a non‑ UK company). There are a range of non‑tax motives for doing so, including, among others: commercial convenience regulatory considerations keeping details of ownership from entering the public domain; however, since 1 August 2022 the UK operates a Register of Overseas Entities that hold UK property, requiring disclosure of the beneficial owners of those overseas entities under the Economic Crime ( Transparency and Enforcement) Act 2022, which may, in practice, diminish this perceived benefit. For more information, see Practice Note: Register of overseas entities that hold UK property—fundamentals Tax is frequently a factor as well, and non‑ UK companies have historically offered a tax‑efficient vehicle for non‑ UK resident investors acquiring property. Such...
FORTHCOMING CHANGE relating to the future withdrawal of DST : Following OECD-led talks culminating in a political accord on the two-pillar solution in October 2021, the UK reached an arrangement with the US, Austria, France, Spain and Italy to move away from the DST towards the new global tax framework, using a transitional DST credit mechanism. Under this arrangement, the UK would retain all DST receipts until Pillar One becomes operational and, once Pillar One applies, companies could offset against future UK corporation tax the difference between DST paid from January 2022 and the amount that would have been due had Pillar One applied instead, as credit against their future UK corporation tax bill. In exchange, the US—regarding digital services taxes as discriminatory towards US businesses—agreed to withdraw proposed retaliatory tariffs on certain US imports from the other five countries, and pledged to refrain from...
FORTHCOMING CHANGE relating to the future withdrawal of DST : Following OECD-led talks that produced a political accord on a two‑pillar solution in October 2021, the UK reached an understanding with the US, Austria, France, Spain and Italy to move away from DST towards the new global tax regime, using a transitional DST credit system. Under the arrangement, the UK would retain DST receipts until Pillar One became operational and, once in force, companies could credit against future UK corporation tax the difference between DST paid from January 2022 and the amount that would have arisen had Pillar One applied instead. In exchange, the US, which regards digital services taxes as discriminatory towards US companies, agreed to withdraw proposed retaliatory tariffs on certain US imports from the other five countries, and undertook not to pursue additional trade measures against those states because of their...
This Practice Note outlines existing, upcoming and possible devolved taxes and tax administration measures in: Scotland, Wales, and Northern Ireland. Where a devolved levy operates, it signposts to fuller guidance elsewhere in Practical Guidance. For a broad overview of devolution in Scotland, Wales and Northern Ireland, see Practice Note: An introduction to devolution in Scotland, Wales and Northern Ireland... Devolution in Scotland Tax administration and compliance The Revenue Scotland and Tax Powers Act 2014 ( RSTPA 2014): creates Revenue Scotland ( Scottish Gaelic: Teachd-a-steach Alba) within the Scottish Administration, operating independently of the Scottish Ministers defines Revenue Scotland’s remit, covering the general role of collecting and administering devolved taxes and specific duties in relation to devolved taxes—excluding council tax and business rates; the devolved taxes are Land and Buildings Transaction Tax ( LBTT) and Scottish Landfill Tax—including: (1) providing information and help to the...
An individual is treated as UK domiciled where, although they are domiciled outside the UK under the common law principles outlined in Practice Note: Domicile for UK tax purposes before 6 April 2025 [ Archived], a statutory rule nevertheless treats them as domiciled for one or more tax purposes. This Practice Note looks only at the deemed domicile provisions that came into force on 6 April 2017, and insofar as they apply to individuals. For details of the deemed domicile rules in place before that date, see Practice Note: Deemed domicile for tax before 6 April 2017 [ Archived]. In contrast to domicile at common law, deemed domicile is not inherited from parent to child. For information on the regime brought in by the Finance Act 2013 allowing a non- UK domiciled spouse or civil partner of a person domiciled in the UK to elect to be...
What does this Practice Note cover? This Practice Note sets out a high-level introduction to the debt capital markets and covers: what is meant by the capital markets the nature of a debt security the main differences between debt and equity securities the main differences between raising finance in the debt capital markets and borrowing by way of loan debt capital markets terminology the types of instruments used in the debt capital markets What are the capital markets? When a company wants to obtain funds (ie ‘capital’), it generally has three principal routes. Where authorised, it may: issue shares (to raise share capital)—usually via the equity capital markets borrow from an institution such as a bank (to raise loan capital)—through the loan markets (see: Types of lending—overview), or issue debt...
ARCHIVED : This Practice Note has been archived and is not maintained. STOP PRESS : This Practice Note is archived and no longer updated. As of 28 March 2023, the disclosable arrangements ( DAC 6) regime was superseded by the Mandatory Disclosure Rules ( MDR). The DAC 6 legislation and accompanying HMRC guidance have been withdrawn. As outlined here, the scope of the UK’s disclosure rules was materially narrowed from IP completion day (11 pm on 31 December 2020). The residual disclosure obligations were then wholly replaced on 28 March 2023 by new rules implementing the OECD MDR, as set out in The International Tax Enforcement ( Disclosable Arrangements) Regulations 2023, SI 2023/38 (the MDR regulations). Although the DAC 6 Regulations, SI 2020/25, were revoked with effect from 28 March 2023, they continue to apply to arrangements entered into before that date. An...
STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime The Finance Act 2025 ( FA 2025), granted Royal Assent on 20 March 2025, enacts the removal of the remittance basis and introduces a residence-based system from 6 April 2025. This shift takes effect from 6 April 2025, fully supplanting the prior remittance basis entirely. FA 2025 also substitutes domicile as the principal determinant of liability to inheritance tax. Additional reforms include revising the rules for excluded property status, ending the protected settlements status for offshore trusts, and updating overseas workday relief. For further information on these measures, see: Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. FORTHCOMING CHANGE : On 27 April 2023, the former Conservative government launched a consultation (closing 22 June 2023) on altering the tax...
STOP PRESS: Abolition of non-dom regime and remittance basis of taxation from 2025–26 From 6 April 2025, the Finance Act 2025 abolishes the remittance basis of taxation, replacing it with a regime centred on residence. The reforms introduce a new Foreign Income and Gains ( FIG) regime and adjust overseas workday relief. For more on these updates, see Practice Note: The abolition of the remittance basis of taxation from 2025–26. As employees become increasingly globally mobile, employers may frequently need to navigate and comply with multiple legislative obligations across various jurisdictions. The taxation of an employee’s earnings is a key concern for both employer and employee and should be fully analysed and understood before any cross-border employment begins. Accordingly, this Practice Note highlights the main UK employment tax issues that may arise when: non- UK entities employ UK-based individuals UK entities employ non- UK...
Dividends paid to shareholders on their shares are the form of distribution most frequently encountered—essentially a transfer of accumulated profits to the company’s owners. For corporation tax, however, distribution has a much broader scope. The Corporation Tax Act 2010 ( CTA 2010) prescribes the particular situations in which a company is treated as having made a distribution. In certain instances, amounts described as interest can be recharacterised as distributions for tax purposes. The two principal scenarios are: distributions relating to non-commercial securities (category E)—see Practice Note: Types of distribution—interest recharacterised as a distribution: non-commercial securities; and distributions concerning special securities (category F), addressed in this Practice Note Exclusion from distribution treatment Some cases are excluded from being treated as distributions, as outlined below. Interest and distributions are taxed differently for a corporate recipient: interest receipts are generally brought within the loan...
SME R& D relief—tax credit (pre-1 April 2024) This Practice Note addresses the principal research and development ( R& D) relief available to small and medium-sized enterprises ( SMEs) for accounting periods that start before 1 April 2024, subject to any transitional rules, as considered in this guidance. For more detail, refer to Practice Note: SME R& D relief—additional deduction (pre-1 April 2024) and associated references. For further guidance on the R& D expenditure credit applicable to accounting periods commencing before 1 April 2024, see Practice Note: R& D expenditure credit (pre-1 April 2024). Collectively, this Practice Note calls these two arrangements the pre-1 April 2024 schemes within this note. For details on reliefs for R& D that broadly apply to accounting periods starting on or after 1 April 2024, see Practice Notes: The merged R& D expenditure credit (post-1 April 2024) and...
The loan relationships regime sets out the rules governing the taxation and relief of a company’s profits and losses arising from its ‘loan relationships’. Those rules are contained in Part 5 of the Corporation Tax Act 2009 ( CTA 2009), with further provisions included in Part 6. This Practice Note examines the categories of transactions and other arrangements that come within the scope of the loan relationships regime. For the computational rules that determine how profits and losses on loan relationships are calculated and brought into account for corporation tax purposes, see Practice Note: Loan relationships—the main tax rules. Who is taxed under the loan relationships regime? The loan relationships rules apply to companies within the charge to corporation tax......
Stop Press : Chapter 2, Part 2 of Schedule 6 to the Finance Act 2026 introduces a series of amendments to the rules governing transfers of, or the granting of licences in relation to, intangible fixed assets ( IFAs) between related parties. These statutory updates apply in respect of transfers and grants that take place on or after 1 January 2026; however, they will not apply to a transfer or grant on or after that date where it is carried out to meet an obligation, under a contract, that had become unconditional before that date. The amendments also provide clearer guidance on how the transfer pricing rules (in Part 4 of the Taxation ( International and Other Provisions) Act 2010) interact with, and sit alongside, the market value provisions in sections 845, 846 and 849AB of the Corporation Tax Act 2009......
R& D expenditure credit (pre-1 April 2024) This Practice Note outlines the R& D expenditure credit ( RDEC) regime that applies to accounting periods starting before 1 April 2024, subject to transitional provisions. For details of the primary research and development relief available to small or medium-sized enterprises ( SMEs) for periods beginning before 1 April 2024, see Practice Notes: SME R& D relief—additional deduction (pre-1 April 2024) and SME R& D relief—tax credit (pre-1 April 2024). Collectively, in this Practice Note, these two arrangements effective before 1 April 2024 are called the pre-1 April 2024 schemes. For guidance on the reliefs that generally apply to accounting periods commencing on or after 1 April 2024, see Practice Notes: The merged R& D expenditure credit (post-1 April 2024) and Enhanced relief for loss-making R& D-intensive SMEs (post-1 April 2024). What is the pre-1 April 2024 R& D...
ARCHIVED : This Practice Note has been archived and is not maintained. A specific regime formerly provided corporation tax relief for qualifying expenditure: incurred by large companies before 1 April 2017 on research and development ( R& D) relating to certain vaccines and medicines The regime was repealed for large companies by Finance Act 2016 and does not apply to expenditure incurred on or after 1 April 2017. ( For small and medium-sized enterprises ( SMEs), it was withdrawn for expenditure incurred on or after 1 April 2012). This Practice Note explains the regime as it applied to large companies for expenditure incurred before 1 April 2017. Note that vaccine research relief was unaffected by the replacement of the large companies’ R& D relief with the R& D expenditure credit ( RDEC) from 1 April 2016 (or by an earlier...
The merged R& D expenditure credit (post-1 April 2024) FORTHCOMING CHANGE: R& D tax reliefs advance clearances and clarification of corporation tax treatment of payments for surrender of credit within groups: Following an initial announcement at Autumn Budget 2024 within the government’s Corporate Tax Roadmap, and a consultation released at Spring Statement 2025, the government confirmed at Budget 2025 that it will pilot a targeted R& D advance assurance service from spring 2026. The pilot will focus on specified elements of R& D claims made by small and medium-sized enterprises and will run in parallel with the existing R& D advance assurance. At Budget 2025, the government also announced that Finance Bill 2026 will introduce legislation to make clear that payments made on or after 26 November 2025 between group companies, in consideration for one company surrendering RDEC to another, are to be ignored for...
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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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