Legal Practice Notes

The Pay As You Earn ( PAYE) regime depends on a range of reporting duties, paperwork and compliance. Employers must declare employee pay on a monthly and an annual basis. There are also several in-year notifications, for example for starters, leavers and when certain benefits are provided. Real time information ( RTI) has been in place for all employers and pension providers since October 2013. It replaced many of the earlier rules linked to PAYE filing and compliance. This Practice Note sets out an overview of the principal compliance obligations connected with PAYE, and outlines how these have been shaped by RTI. RTI reporting Historically, the PAYE framework created an issue (for HMRC, and potentially for taxpayers as well) because HMRC did not know how much should have been deducted from employees under PAYE until after the close of the relevant tax year. This arose...

Practice Note Patent regimes are designed to encourage innovation rather than obstruct it. Consequently, the patent laws of numerous jurisdictions provide carve-outs from infringement for experimental use of patented inventions. This Practice Note reviews the two principal UK research exemptions to patent infringement, namely: the general experimental use exemption the specific Bolar-type exemption It considers how these provisions have evolved in recent years and how they may develop in the coming period. The Note also addresses the supplementary protection certificate ( SPC) manufacturing waiver, which creates an exception to infringement of SPCs ( SPCs extend patent protection for certain medicinal products). Following Brexit, EU-derived legislation has been preserved and converted into UK domestic law with effect from IP completion day (11 pm on 31 December 2020). Relevant Assimilated EU law and Brexit SIs are considered in the sections on the Bolar-type exemption and the SPC...

This Practice Note outlines key aspects of patent law, including applying for and maintaining patents, patent assignment and licensing, and patent infringement. For more information about applying for and maintaining patents and transactions involving patents, see: Patent transactions and management—overview. For more information about disputes involving patents, see: Patent disputes—overview. What is a patent? A patent is a form of property that protects certain types of technical inventions. The invention can be a product or a process for doing something. Patents do not cover information or appearance, which may instead be protected by trade marks, copyright or design rights. To obtain a patent, technical information about the invention must be disclosed to the public in a patent application. Patent applications are filed at the Intellectual Property Office ( IPO) or the designated patent authority within the relevant country. The IPO examines...

This new starter guide offers a primer on patent law, with multiple links to wider Lexis+® UK resources for deeper insight. It is designed for trainee solicitors and anyone new to patents. For guidance on other intellectual property ( IP) rights, including further new starter guides, see Practice Note: Intellectual property ( IP)—new starter guide. If a topic is not addressed here, explore the two Patents subtopics: Patents transactions and management, and Patents disputes. For concise outlines of these areas, see Patent transactions and management—overview and Patent disputes—overview. The guide also sets out how to subscribe to IP daily and weekly news alerts and how to reach the Lexis Ask team. Introductory materials For an introduction to patents, see Practice Notes: Patent applications—how to obtain patent protection in the UK Patentability and exclusions from patentability ...

This Practice Note examines direct, indirect and contributory patent infringement. It outlines how the Patents Act 1977 ( PA 1977) characterises prohibited (ie infringing) conduct, including making a product or operating a process, and describes the way in which the courts assess whether that product or process falls within the claim scope. The Practice Note also considers core issues in infringement actions, including who may bring proceedings, appropriate timing, and the allocation of the burden of proof. Introduction to patent infringement To prove infringement of a patent, it must be shown that a prohibited (ie infringing) act has been carried out in relation to a product or process that lies within the patent’s scope. These components of infringement are explored in Infringing acts and How the courts decide whether a product or process falls within the scope of a patent below. Note too that certain acts are...

Patent box The patent box is an elective regime that delivers an effective corporation tax rate of 10% on worldwide profits attributable to qualifying patents and comparable intellectual property ( IP) rights. Profits that qualify for the relief are, in substance, charged to corporation tax at the reduced rate of 10%. The relief is given effect through legislation that permits a deduction when calculating a company’s trading profits for a particular accounting period. For general background on the patent box, see Practice Note: Patent box—key features of the regime. To align with BEPS Action Plan 5, the patent box rules were revised on 1 July 2016 to introduce an R& D fraction restriction, which can curtail the value of patent box claims for businesses that have acquired relevant IP and/or sub-contracted development of relevant IP to affiliates. A series of ancillary...

Practice Note Once a rolling stock lessor has received rolling stock from the manufacturer, its immediate objectives are to: lease the assets to an operator, generating income and thereby recovering the capital committed to that rolling stock investment; and ensure robust and appropriate maintenance arrangements are in place for that rolling stock, in order to preserve its value and sustain marketability for re-leasing on termination or expiry of the first lease This Practice Note sets out the operating lease options typically assessed by a lessor when making passenger rolling stock available to an operator in the UK. It also explains the alternative forms of maintenance provision that might be established in relation to that rolling stock in practice. Reflecting standard market practice for procuring and leasing the majority of passenger rolling stock in the UK, this Practice Note assumes the lessor is an...

In UK passenger services, new fleets of rolling stock are acquired through a range of structural frameworks and arrangements. The simplest approach sees an operating lessor buy a new fleet from a rolling stock manufacturer under a purchase agreement, then lease that fleet to an operator. For further details on these models, see Practice Note: Rail finance—purchase agreements. This Practice Note outlines the principal terms of a market-standard purchase agreement, often also referred to as a manufacture and supply agreement, or MSA. An overview of a purchase agreement A purchase agreement is usually concluded between the lessor, the manufacturer and the operator. The table below outlines each party......

Practice Note New fleets of rolling stock for UK passenger services are sourced through a range of arrangements. The simplest model sees an operating lessor acquire a new fleet from a rolling stock manufacturer under a purchase agreement and then lease it to an operator. This Practice Note explains procurements conducted on that basis. For transactions of this kind, purchase agreements are typically tri-partite, binding not only the lessor and the manufacturer but also the operator. Although a new fleet for UK passenger use can, in theory, be bought under a bi-partite purchase agreement between the lessor and the manufacturer alone, such arrangements are now rare. Accordingly, this Practice Note concentrates on tri-partite purchase agreements. After the expiry or earlier termination of the operating lease with the initial operator, the rolling stock will, across its operational life, be leased to other...

Following privatisation, purchases of new passenger rolling stock were typically funded by the trio of original bank-owned rolling stock companies ( ROSCOs) through facilities provided by their parent banks. The three ROSCOs— Angel Trains, Eversholt Rail and Porterbrook Leasing—were established at privatisation and, after a sequence of ownership changes, each ultimately came under bank control. The Royal Bank of Scotland took control of Angel Trains, HSBC acquired Eversholt Rail, and Abbey National (subsequently Santander) bought Porterbrook Leasing. Between 2008 and 2010, those banks sold the companies to a range of investors, thereby diversifying ownership beyond the banking groups. Since the disposal of the ROSCOs by their bank owners, and with other rolling stock lessors and new financiers also entering the market, passenger rolling stock lessors have generally sourced funding for fleet purchases from the wider debt and capital markets rather than solely from...

D Designated member — A member of a limited liability partnership appointed under the Limited Liability Partnership Act 2000 who undertakes specified duties for the LLP’s legal administration which, in a company, would be handled by the secretary or the directors E Equity partner — A partner with a complete interest in the partnership’s business who enjoys full rights, including the ability to share in the partnership’s profits and losses and to vote on all partnership matters M Fixed share partner — A partner entitled to a fixed portion of the partnership’s profits (but usually not obliged to contribute to the partnership’s losses) and possessing a limited right to vote on partnership matters G General dissolution — The conclusion of a partnership followed by the winding up of its affairs General partner — A nominated partner in a limited...

Practice Note This Practice Note sets out the main procedural requirements for an application for limited or indefinite leave to remain/settlement as a spouse, civil partner or unmarried partner under Appendix FM, Appendix Settlement Family Life (for those seeking indefinite leave to remain on the ten-year route to settlement), or Part 8 of the Immigration Rules. It further covers procedural points relating to the following categories: applications for limited leave to remain by people who presently hold leave as a fiancé(e) or proposed civil partner under Appendix FM, who have since married or entered into a civil partnership and are now seeking leave as a spouse or civil partner applications for further leave as a fiancé(e) or proposed civil partner in the narrow circumstances permitted by the Immigration Rules The Practice Note does not address the substantive eligibility...

Archived: This Practice Note has been archived and is not being maintained. What does the Market Insights Trend Report cover? Select below to obtain the complete report as a PDF. The Market Insights Trend Report offers detailed analysis of the 14 restructuring plans ( RPs) put forward in the UK in 2023, alongside commentary on patterns and what we and our contributors anticipate for 2024 and the years ahead......

What does the Market Insights Trend Report cover? The Market Insights Trend Report delivers a comprehensive examination of restructuring plans ( RPs) reviewed by the courts across the UK during 2024. It also offers perspective on prevailing patterns, providing insight into trends, and sets out what we, alongside our contributors, anticipate for 2025 and the years that follow thereafter......

ARCHIVED: This Practice Note has been archived and is not maintained. For details on government bills pertinent to corporate crime in 2023, see Corporate Crime bills tracker—2023 [ Archived]. This Practice Note monitors the progress of government bills concerning corporate crime that have been introduced in the House of Commons or the House of Lords in the UK Parliament. It additionally covers private members’ bills (mainly ballot bills) relating to business crime/white‑collar crime which, given their advanced passage through Parliament, appear likely to secure Royal Assent. It also provides links to further material on each item of legislation. For key secondary legislation of interest to corporate crime lawyers, see Practice Note: Corporate Crime horizon scanner 2022— Key secondary legislation. This bills tracker is intended to help corporate crime practitioners stay up to date with primary legislation and bills affecting their specific corporate crime...

In brief A large share of Parliament’s work is handled by committees of MPs and peers focused on a particular topic or duty. Public bill committees concentrate on examining and debating the fine points of bills. Select committees gather evidence and issue reports across defined policy fields within those remits. Select committees in the Commons Select committees have existed for centuries, yet by the twentieth century it was increasingly recognised that they could serve as a vital means of scrutinising government, which had grown in the modern era. Sir Ivor Jennings, in Parliamentary Reform ( Victor Gollancz, 1934, chapter XI), contended that broadening the committee system would produce stronger, more democratic government, bringing the Government into closer contact with public opinion without diminishing its capacity to govern. During the 1960s, six select committees focused on particular policy fields were established, and became known as the...

The Parent of a Child Student route Under the Immigration Rules, Appendix Child Student, the Parent of a Child Student route allows a parent to travel with, or later join, a child who either already holds, or is concurrently seeking, Child Student permission as defined there. The child must be between four and 11 years old and enrolled at an independent, fee‑paying school in the UK, which cannot be a state school or academy anywhere. This immigration route permits only one parent of the child to be present in the UK. Introduced on 24 April 2015, it replaced the ‘parent of a child at school’ route and at that time was titled ‘ Parent of a Tier 4 ( Child)’. From 5 October 2020, in line with the replacement of the Tier 4 ( Child) category, it adopted the name Parent of a Child...

The tax regime for property authorised investment funds ( PAIFs) The PAIF tax framework applies to UK open-ended investment companies ( OEICs) that satisfy specified criteria. In some cases, falling short of these requirements can result in removal from the PAIF regime, while a PAIF may equally opt to depart voluntarily. The outcome of any failure hinges on the precise condition involved and, in certain instances, whether the failure is a repeat occurrence. The PAIF conditions are explained in detail in Practice Note: PAIFs—the conditions. This Practice Note covers: what follows when one or more PAIF conditions are not met, and the tax consequences of an exit from the PAIF regime For a high-level summary of the overall PAIF framework, see Practice Note: Tax and property funds—overview. For the tax treatment of PAIFs and their investors, alongside associated compliance...

FORTHCOMING CHANGES: At the 2025 Budget on 26 November 2025, the government signalled plans for modest corrective changes to the residence-based tax regime established by the Finance Act 2025......

ARCHIVED : This Practice Note has been archived and is not maintained. It describes the rules for overseas workday relief ( OWR) in force before 6 April 2025. Overseas Workday Relief ( OWR) provides an exemption from UK income tax for eligible non-domiciled persons who choose the remittance basis, covering unremitted 'general earnings' from employment attributable to duties carried out abroad in the relevant tax year. Following the government’s reforms to the tax treatment of non-domiciled individuals in Finance ( No 2) Act 2017, many who had formerly been treated as non-domiciled under UK rules are now treated as UK domiciled for all tax purposes; consequently the remittance basis and OWR are no longer accessible to them under the amended UK tax rules in force. Consult Practice Note: Deemed domicile for tax from 6 April 2017. Before 6 April 2013, a comparable facility to OWR existed on a...