Fieldfisher

This Practice Note provides a broad overview of the application of the Foreign Account Tax Compliance Act (FATCA) and the Common Reporting Standard (CRS) to fund structures in the UK. It considers the position in the UK under the Intergovernmental Agreement (IGA) between the UK and the US (the UK:US IGA) and The International Tax Compliance Regulations 2015, SI 2015/878. This Practice Note is produced in partnership with.

This Practice Note sets out which biotechnological inventions can and cannot be patented. It refers to Directive 98/44/EC (often known as the Biotechnology Directive) and Schedule A2 to the Patents Act 1977, which permit biotechnological inventions to be patented but provide some important exceptions. These exceptions have been subject to interpretation by the Court of Justice in cases such as Oliver Brüstle v Greenpeace and Monsanto v Cefetra. This Practice Note also considers the exclusions to patentability under Article 52(b) of the European Patent Convention (EPC) and the relevant European Patent Office (EPO) case law, Tomatoes I, Tomatoes II and Broccoli II. Finally, it considers the 2017 European Commission Notice on biotechnological inventions.

This Practice Note provides a practical guide to the procedure for collective proceedings in the Competition Appeal Tribunal (CAT), as introduced by the Consumer Rights Act 2015. The scope of the regime is explored, including when a collective proceedings order will be granted, whether it is on an ‘opt in’ or ‘opt out’ basis, the rights of class members and the award of damages. Also, details on the process, how to commence claims, the documentation required and who can act as a class representative.

This Practice Note explains the rule that prevents banking companies from claiming tax deductions for compensation expenses and adds a sum equal to 10% of the non-deductible compensation expense to the relevant banking company’s taxable profits. This Practice Note has been produced in partnership with Andrew Loan of Fieldfisher LLP.

This Practice Note explains common themes in a criminal investigation by the Pensions Regulator (TPR), such as the duty to self-report breaches of pensions law (whistleblowing), the TPR’s powers to collect evidence, and internal investigations.

This Practice Note outlines the corporation tax surcharge that, subject to an annual allowance, has applied to the surcharge profits of banking companies since 1 January 2016. This Practice Note was produced in partnership with Andrew Loan of Fieldfisher LLP.

This Practice Note provides practical guidance on the issues that may arise following receipt of a whistleblower report from the perspective of the corporate entity (including limited companies, partnerships and LLPs) receiving the report. It covers the importance of a whistleblowing policy, initial assessment of the report, evidential considerations and responding to the report including self-reporting corporate offences.

This Practice Note summarises the principal controls surrounding the use of environmental claims in advertising, including greenwashing and eco-friendly claims, and covers the following key areas: overview of environmental claims in advertising, the relevant legislation, the self-regulatory codes and sanctions for non-compliance.

This Practice Note looks at the leading cases on how and when to apply the doctrine of estoppel in occupational pension scheme relationships. The cases include Amalgamated Investment v Texas Bank, Icarus v Driscoll, ITN v Ward, Redrow v Pedley, Steria v Hutchison, Catchpole v Alitalia Pension Trustees, and Prudential Staff Pensions v The Prudential Assurance Company.

This Practice Note provides a snapshot of the EU Biocidal Products Regulation (EU) No 528/2012 (EU BPR). It provides details on the objective and scope of the EU BPR and key definitions such as ‘active substances’, ‘biocidal product’, and ‘harmful organism’. It also provides guidance on approvals for active substances including information on the Article 95 list and exclusion criteria, as well as renewal and review of active substance approvals. The Practice Note also covers authorisation of products containing biocides (biocidal products), derogations, treated articles and data sharing.

This Practice Note explains the offence of failing to identify the driver in a road traffic incident or accident under section 172 of the Road Traffic Act 1988 (RTA 1988). It considers the elements of the offence, the relevant procedure, the defences to failing to provide the information required and the possible sentence for committing the offence.

This Practice Note provides a snapshot of the Assimilated Biocidal Products Regulation (BPR) EU No 528/2012. It provides details on the objective of the GB BPR and how it differs from the EU BPR, the scope of the GB BPR and key definitions such as ‘active substances’, ‘biocidal product’, and ‘harmful organism’. It also provides guidance on approvals for active substances including information on the Article 95 list and exclusion criteria, as well as renewal and review of active substance approvals. The Practice Note also covers authorisation of products containing biocides (biocidal products), derogations, treated articles and data sharing. It also summarises applicable transitional measures in light of Brexit.

This Practice Note reminds practitioners about important steps to take in responding to the confiscation statement, which is the statement issued by the prosecutor pursuant to section 16 of the Proceeds of Crime Act 2002.

This is a precedent Admission Agreement for participation in the Local Government Pension Scheme (LGPS) and has been drafted on a broadly neutral basis. As the LGPS is a series of separate schemes established under the same legislation, the Agreement needs to relate to the specific local authority pension scheme involved in the particular transaction.

This Beckmann indemnity precedent is suitable for use in a business sale agreement. It is intended to protect a transferee employer from occupational pension scheme liabilities that may transfer to it under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE).

This Precedent is a deed of termination for a franchise agreement under which the parties to an existing franchise agreement mutually agree to terminate that agreement prior to its anticipated end-date, which may be as a result of the sale of the franchise business by the outgoing franchisee to a new incoming franchisee or by mutual consent. This deed of termination is drafted on the assumption that there is no dispute between the parties relating to their rights and obligations under the existing franchise agreement.