The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Commercial

HMRC – offshore accounts

HMRC has offered (another) last chance to come clean about offshore money (it is called a ‘requirement to correct’). The scheme calls for voluntary disclosure by September 2018, but there are severe penalties – 200% of the tax, plus the tax due and interest. In addition, there is currently a proposal for an additional 10% asset-based penalty, plus there will almost certainly be publication on the list of deliberate tax defaulters. Note that there is no undertaking by HMRC that they will not prosecute.

Subscribers only...
 

Companies Act 2006 – no limited liability?

CA 2006 came into force in October 2009 but there is a danger that its provisions have inadvertently resulted in some limited companies becoming unlimited.

Subscribers only...
 

Variation – anti-oral clauses

This year has seen a series of cases in which the courts have held that a ‘no variation’ clause in a contract is not binding. What we see is a clear intent on the part of the courts that contractual agreement should be eroded in favour of ‘party autonomy’ and a greater flexibility:

Subscribers only...
 

Freedom of information – vexatious

There is a general right of access to information held by a public body (FoI 2000). But, this does not apply if a request is ‘vexatious’ (s14). However, the Act does not define ‘vexatious’ although it is made clear that the burden is very high to show that the request is indeed vexatious.

Subscribers only...
 

Airline flights – delay

The Denied Boarding Regs give compensation to passengers whose flights are delayed if the flight departs from an EU airport. But, there has been much argument about the situation concerning missed connections.

Subscribers only...
 

Freedom of information – commercial prejudice

The Freedom of Information Act 2003 exempts from disclosure information which ‘would, or would be likely to, prejudice the commercial interests of any person’ (s43(2)). But, this is merely a ‘qualified exemption’ because even if it applies there must still be disclosure unless ‘in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information’ (s2(2)B).

Subscribers only...
 

Weblinks – copyright?

Weblinks and hyperlinks are a key part of most websites and of much social media content. But, by linking copyright content, is there a risk of breaking copyright by unlawfully ‘communicating it to the public’?

Subscribers only...
 

Termination right – duty of good faith?

    If a contract contains an express right to terminate, is that subject to an implied term that it must be exercised in good faith?
Subscribers only...
 

Insolvency – commercial test

Section 123 Insolvency Act 1986 includes both a cash-flow test and a balance sheet test of insolvency. However, in Eurosail [2013] it was made clear that these two tests should not be separated and isolated from each other, and nor should they be applied mechanically.
Subscribers only...
 

Warranties – also representations?

Warranties were given in a sales agreement. Could they also be sued on as misrepresentations (under Misrepresentation Act 1967)?
Subscribers only...
 


Page 5 of 37

Most-read articles

Resources

IAG International
Join the IBA now!
In House Lawyer
www.totallylegal.com
MSI Global Alliance