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Paul Marshall discusses a case which explores relief from liability for breach of trust under the Trustee Act 1925 ‘Where a vendor’s solicitor has not complied with the requirements of the AML Regulations it will be difficult to escape strict liability for the consequences of breach of trust where their client is a fraudster, however …
Continue reading "Trusts: Consequences of non-compliance"
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Sarah Clune considers the timetable for the introduction of the regulator’s new powers under the Charities (Protection and Social Investment) Act 2016 ‘The Charity Commission has recently updated its guidance on fundraising (CC20), which is essential reading for any charities which raise funds from the public.’The UK government published a timetable during the summer explaining …
Continue reading "Charity Round-Up: Any change?"
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Deborah Pennington and James Bromley give the lowdown on tax changes for private clients ‘The “stealth tax” is not a new tax by itself, but is a package of measures which the government says is intended to curb perceived avoidance of tax by offshore property developers. Broadly, the intention is to ensure profits from such …
Continue reading "Tax Update: Changing landscapes"
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Lisa Feng examines the implications of Swift v Ahmed [2015] ‘The issue for the court was whether a real and substantial purpose of the deed was to place assets beyond the reach of (or otherwise prejudice the interests of) the trustee’s creditors.’The case of Swift Advances Plc v Ahmed [2016] is an example of what …
Continue reading "Trust Deeds: The deed in the drawer"
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Gillian Christian highlights a landmark Isle of Man judgment that casts doubt on Pitt v Holt [2013] ‘The principle behind Hastings-Bass refers to the jurisdiction of the court to intervene and set aside a transaction entered into by a trustee (and all fiduciaries) on the grounds of “inadequate deliberation” in the exercise of a discretion.’In …
Continue reading "Trustees: Clear blue water"
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Alexander Drapkin discusses a recent case which indicates the factors the court takes into account in a dispute over where a body should be buried ‘The exercise of their authority in disposing of the deceased’s body would likely still have been subject to control by the court and so it was necessary to establish a …
Continue reading "Probate: Laid to rest?"
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A new consultation document from HMRC has important ramifications for the practitioner. Geoffrey Shindler reports ‘If you read through this document further, you will see not only that there is no proper definition of avoidance but rather it is assumed that, in the language of “1066 and All That”, avoidance is a bad thing and …
Continue reading "Musings From Manchester: The net widens"
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Imogen Buchan-Smith provides an update on changes to the UK tax treatment of non-doms and their structures ‘For non-doms who were considering leaving the UK prior to becoming deemed domiciled, the introduction of the new rules may encourage them to make the move earlier than they originally intended.’The Budget of 8 July 2015 saw the …
Continue reading "Tax: Forging ahead"
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Patel v Mirza [2016] establishes a flexible approach towards the illegality defence. Gareth Keillor and Rosanna Pinker analyse the pros and cons ‘A flexible approach, which disposes of the automatic bar to relief if the claimant has relied on their own illegality, will provide new opportunities for claimants involved in illegality successfully to lodge claims.’ …
Continue reading "Illegality And Trusts: The straight and narrow?"
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