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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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In October 2021, countries participating in the Organisation for Economic Co-operation and Development ( OECD)/ G20 Inclusive Framework on Base Erosion and Profit Shifting ( BEPS) (the OECD Inclusive Framework) endorsed a ‘two-pillar’ package addressing the tax issues stemming from the digitalisation of the global economy. The two pillars constitute an ambitious effort to reform and modernise international tax rules that allocate where, and how, profits are taxed. Pillar One is chiefly (though not exclusively) aimed at the digital economy: ‘a world where enterprises can effectively be heavily involved in the economic life of different jurisdictions without any significant physical presence and where new and often intangible value drivers increasingly come to the fore’. Pillar One introduces two elements: a new taxing right that stretches beyond traditional tax nexus rules anchored in physical location ( Amount A) a...
This Practice Note offers an overview of the Organisation for Economic Co-operation and Development ( OECD)’s Multilateral Convention on Mutual Administrative Assistance in Tax Matters ( MAATM), explaining its scope and operation. Under the MAATM, administrative assistance extends to: the exchange of information—covering automatic and spontaneous information-sharing the recovery of foreign tax claims For an introduction to the CRS, see Practice Note: Automatic exchange of information—the Common Reporting Standard: a summary. What is the history of the MAATM? First developed in 1988 by the OECD and the Council of Europe, the MAATM emerged as international trade barriers fell and capital became increasingly mobile, making a co-ordinated effort between states essential to counter tax avoidance and tax evasion at the international level. The Convention establishes a single legal basis for bilateral and multilateral co-operation and permits extensive forms of co-operation between competent authorities across a broad range of...
The income tax charges associated with employment-related securities and securities options Income tax liabilities tied to employment-related securities and securities options usually arise on the acquisition of securities, or because employment income is treated as arising on a later chargeable event, rather than through a cash receipt. Consequently, the employer often cannot withhold pay as you earn ( PAYE) in the ordinary manner. Specific provisions require an employer to operate PAYE in respect of these notional payments. Where that PAYE amount is not made good to the employer, an extra, punitive, income tax charge falls on the employee (or director), and Class 1 NICs for the employer and the employee also arise, to the extent of the unpaid PAYE amount......
ARCHIVED: Due to the reforms envisaged by The Windsor Framework, the details of which were announced by the UK government on 27 February 2023, this Practice Note has been archived and is not maintained. The contents of this Practice Note are correct as at 1 January 2021. For further details on The Windsor Framework and its effect on VAT in Northern Ireland, see: The Windsor Framework. The UK left EU membership on 31 January 2020. From that date, the UK entered an implementation period ( IP) during which, for many purposes, it continued to be treated as a Member State and remained bound by EU law. The IP concluded at 11pm on 31 December 2020. At that point, a body of EU-derived rights and legislation, known as retained EU law, was converted into domestic UK law. For more on retained EU law and VAT, see...
ARCHIVED: Following the reforms anticipated under The Windsor Framework, the details of which the UK government announced on 27 February 2023, this Practice Note has been archived and is no longer maintained. The information within this Practice Note is accurate as at 1 January 2021. For more on The Windsor Framework and its consequences for VAT in Northern Ireland, see: The Windsor Framework. This Practice Note addresses VAT as it applies to the movement of goods between Northern Ireland ( NI) and the EU from 1 January 2021, and as it applied to all VAT-registered businesses in the UK on and before 31 December 2020. Triangulation is an EU-based VAT simplification intended to reduce the necessity for EU businesses to register for VAT in other EU Member States. Triangulation describes a scenario in which goods are supplied along a chain involving three parties, yet those goods are...
ARCHIVED: Owing to reforms anticipated under The Windsor Framework, the details of which were set out by the UK government on 27 February 2023, this Practice Note has been archived and is not maintained. The content of this Practice Note is accurate as at 1 January 2021. For further details on The Windsor Framework and its impact on VAT in Northern Ireland, see: The Windsor Framework. This Practice Note focuses on the VAT position for businesses using a Northern Ireland ( NI) VAT identifier that sell goods (which are removed from NI) to businesses located in EU member countries from 1 January 2021. This reflects the same treatment that applied to all UK VAT-registered businesses on and before 31 December 2020. A sale of goods within the EU is often described as an 'intra- EU dispatch' or a 'removal' and is distinct from an export of goods to a...
ARCHIVED: This Practice Note gives an overview of the non-resident capital gains tax ( NRCGT) charge that applied to certain non- UK resident persons when they disposed of UK residential property on or after 6 April 2015 and before 6 April 2019. This note is archived and is no longer maintained. From 6 April 2019, changes to the taxation of gains realised by non- UK residents on UK immovable property took effect, as set out in section 13 and Schedule 1, Part 1 to the Finance Act 2019. For the position from 6 April 2019, see Practice Note: Non-residents and tax on chargeable gains from 6 April 2019—gains and UK immovable property. For disposals taking place on or after 6 April 2015 and before 6 April 2019, NRCGT applied where non- UK residents disposed of UK residential property. The rules covered: Non- UK...
STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime Finance Act 2025 ( FA 2025), which received Royal Assent on 20 March 2025, delivers the repeal of the remittance basis and introduces a residence-based system with effect from 6 April 2025. FA 2025 also replaces domicile as the principal criterion for determining exposure to inheritance tax. Updates to the rules for determining excluded property status Abolition of the protected settlements status for offshore trusts Changes to overseas workday relief For details 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. A non-reporting offshore fund is any offshore fund that does not have reporting fund status for a particular period of account. For what constitutes an offshore fund, see Practice Note: Tax and offshore...
In addition to cash pay, such as wages or salaries, many remuneration packages also contain non-cash elements, for example the provision of a car, health insurance or childcare. An employer may likewise settle particular costs on behalf of the employee, for instance a home landline, or utility bills. These non-cash earnings are commonly described as benefits-in-kind, or simply benefits. Non-cash earnings can be brought into charge to income tax on employment income under a range of provisions, including: the charge on earnings in section 62 of Income Tax ( Earnings and Pensions) Act 2003 ( ITEPA 2003)—if the benefit constitutes money's worth; specific provisions in ITEPA 2003, Part 7 relating to the provision of employment-related securities and securities options (see Practice Note: Employment-related securities—overview and the related Practice Notes); the disguised remuneration provisions in ITEPA 2003, Part 7A—which should be...
Introduction—a pure theory or a dead practice? For years, both Islamic financial institutions ( IFIs) and conventional banks have delivered Islamic financing. As outlined in Practice Note: The structure and elements of a Musharaka transaction, profit-and-loss sharing sits at the heart of Islamic finance because it reflects a core Shari’ah principle: bearing risk. Financing founded on riba (interest) is treated as non‑ Shari’ah‑compliant, since the contractors or parties (the Partners) do not participate jointly in gains and losses; the venture lacks fair risk allocation, leaving one side disproportionately exposed. Musharaka—the Shari’ah‑compliant partnership instrument built on sharing profits and losses—together with mudaraba, is among the few Islamic finance tools that rely almost entirely on this model. This emphasis on mutual risk and return has led many within Islamic banking to regard Musharaka as one of the most genuine expressions of Islamic financing....
Updated in October 2025 Introduction Mexico’s business, cultural and social landscape is continually advancing, as are the legal framework and the avenues for consolidation and ongoing expansion. Elements including consistent economic growth, a favourable demographic balance, structural reforms in pivotal industries, and Mexico’s enduring legal tradition position the country as a preferred jurisdiction for doing business. Mexico provides a range of grants and incentives to stimulate enterprise. Foreign-owned companies qualify for the same support as Mexican-owned entities. These incentives concentrate on employment generation, technological research and development, construction, and the expansion of small and medium-sized enterprises ( SMEs). The business environment Mexico has an extensive network of free trade agreements spanning North America, Europe, Japan, the Transpacific Partnership and much of Latin America, creating a compelling platform for international trade with significantly reduced tariff and non-tariff barriers. Strong government measures have targeted inflation, seeking to position Mexico on a...
R& D reliefs—meaning of R& D This Practice Note explains what counts as R& D for four corporation tax reliefs: Pre‑1 April 2024: SME R& D relief/tax credit and the R& D expenditure credit ( RDEC) Post‑1 April 2024: the merged RDEC and enhanced relief for loss‑making R& D‑intensive SMEs For tax, R& D follows GAAP ( FRS 102/ IAS 38) as modified by Secretary of State guidelines maintained by DSIT. The 7 March 2023 version confirms that pure and applied mathematics count as science. HMRC’s Guidelines for Compliance expand on this. FRS 102/ IAS 38 broadly define research as planned original investigation for new knowledge, and development as applying that knowledge to design new or substantially improved outputs before commercial use. Under the Guidelines, qualifying work sits within a project seeking an advance in science or technology, directly addressing scientific or...
FORTHCOMING CHANGE relating to the rates of business asset disposal relief ( BADR): Further to announcements made at the Autumn Budget 2024, the rate of capital gains tax applying to disposals qualifying for business asset disposal relief ( BADR) will rise to 18% for disposals on or after 6 April 2026 (matching the lower main capital gains tax rate), having increased to 14% (up from 10%) in relation to disposals made on or after 6 April 2025. Legislation for these changes was included in the Finance Act 2025. The success of a management buyout (commonly referred to as an ‘ MBO’) will usually be heavily dependent on the performance of the management team running the company. The private equity investor backing the MBO will therefore seek to incentivise the management team and ensure that management interests are aligned with those of the investor. This can be...
Where the managed service company ( MSC) legislation applies Where the MSC rules bite, the MSC is regarded as making to the worker, and the worker as receiving, a payment or benefit that counts as earnings from employment for tax purposes. This Practice Note outlines how that deemed employment sum is worked out for income tax, and, in particular, how the worker’s attributable earnings are determined for National Insurance contributions ( NICs). For what amounts to an MSC and when the anti-avoidance provisions take effect for income tax and NICs, see Practice Note: Managed service companies and the anti-avoidance legislation. The attributable earnings figure for NICs is derived by applying the same income tax framework that is used to compute the deemed employment payment. Accordingly, references in this Practice Note to the deemed employment payment should be read as also covering...
Updated in January 2026 Introduction Despite its modest size, the Grand Duchy of Luxembourg ( Luxembourg) ranks among the world’s powerhouses for commerce and stands as a leading European financial and industrial centre. It draws investment banks, asset managers, funds and holding vehicles, as well as firms in information and communication technology and the space sector, from across the globe, positioning it as a favoured gateway into the EU and a major business hub. Owing to political, social and legal stability, and to the determination of its political class to nurture a business-friendly setting, Luxembourg has earned a name for pro-business legislation and administration. This guide, for companies looking to establish in Luxembourg, sets out a comprehensive overview of the key features of Luxembourg law that should be considered before beginning operations in Luxembourg. That said, however complete it appears, it is not an...
FORTHCOMING CHANGE relating to the modernisation of stamp taxes on shares framework: From 2027, stamp duty and SDRT will be superseded by a single, self-assessed charge on securities, the securities transfer charge ( STC), which will be paid and filed via a new online portal. Payment and reporting will be integrated within that portal. The design of the STC will broadly reflect the proposals for that tax set out in the 2023 consultation. Finance Bill 2026 ( FB 2026) includes a power commencing on Royal Assent to permit secondary legislation so taxpayers can pilot the new digital service by self-assessing their stamp taxes on securities liabilities and submitting transactions electronically through a digital platform. For added 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...
Sources of limited partnership law The principal legislation governing a limited partnership established under English law (as distinct from a general partnership, a limited liability partnership, or a general partnership constituted under Scottish law) is the Limited Partnerships Act 1907 ( LPA 1907). Nevertheless, it does not amount to a comprehensive code for limited partnerships and preserves the Partnership Act 1890 ( PA 1890) and the equitable and common law rules relevant to partnerships, which continue to apply except to the extent that they conflict with the express terms of the LPA 1907. As with general partnerships, the partners will frequently enter into a written agreement defining their respective rights and obligations inter se, setting out in detail the rights and duties owed between them, though this is not mandatory unless the vehicle is designated a private fund limited partnership (see Practice Note: Limited...
A limited liability partnership ( LLP) is not a traditional partnership but a corporate body created under the Limited Liability Partnerships Act 2000 ( LLPA 2000), which took effect on 6 April 2001. During the 1990s, many larger professional firms grew increasingly uneasy about the prospect of heavy personal exposure for partners and pressed the government to resolve the problem. Following consultation, the government introduced a new vehicle, the LLP, combining the internal flexibility associated with partnerships with limited liability for its partners. An LLP is therefore a body corporate rather than a conventional partnership, established by statute. The law applying to LLPs In practice, most rules governing LLPs are modified company law rather than partnership law. LLPA 2000 makes clear that, save as expressly provided in that Act or in regulations made under it, partnership law does not apply to an LLP. LLPA 2000...
This Practice Note was prepared by Anne Redston, Barrister. It reflects her personal view; she is not authorised to speak for the Tribunals Service or the judiciary. This Practice Note: explores how legal professional privilege ( LPP) operates in relation to tax matters examines the relationship between LPP and HMRC’s powers to obtain information and conduct inspections considers the extent to which LPP is available to non-lawyer tax advisers This Practice Note is a brief overview and does not cover every circumstance, so you may need further advice concerning your client’s position. For example, it does not consider privilege: under Scots law, or in relation to criminal proceedings, such as tax fraud It also does not address without prejudice privilege. This is considered in Practice Note: Without prejudice communications and in Wired...
FORTHCOMING CHANGE : The Scottish government has begun a review of LBTT, starting in spring 2025. Land and buildings transaction tax ( LBTT) superseded stamp duty land tax ( SDLT) in Scotland from 1 April 2015. This Practice Note offers a primer on LBTT. Three other Practice Notes explore specific elements in more detail, namely: Scotland: Land and buildings transaction tax ( LBTT)—chargeable consideration and LBTT rates Scotland: Land and buildings transaction tax ( LBTT)—particular transactions and taxpayers Scotland: Land and buildings transaction tax ( LBTT)—administration and compliance Collectively, these Practice Notes cover chargeable consideration and LBTT rates, examine particular transactions and taxpayers, and set out administration and compliance matters in detail than this introductory overview provides. Background to LBTT The Scotland Act 1998 ( SA 1988) established the Scottish Executive (now the Scottish government) and the Scottish Parliament. SA 1998 conferred limited income tax...
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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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