September 2012 #139 – Law Journals

Equity: Fiduciary failings

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The Australian case Grimaldi v Chameleon Mining takes an interesting stance on key points of equity law, as Carrie Rome-Sievers reports ‘Subject to the particular facts of a case of misdirected corporate funds or property received by a third party, a claimant in Australia may be well-advised to plead an orthodox property law claim separately …

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Overriding Interests: Not on my manor

Kate Symons and Will Hadley give the lowdown on identifying and protecting manorial rights ‘The extent of each manor was usually determined by a grant from the Crown, with each manor comprising a self contained area with its own customs and rights.’The area of manorial rights is by no means a straightforward subject for review. …

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Tax: Open for business

Marilyn McKeever assesses whether a new relief introduced in the Finance Act 2012 will encourage trustees to invest in the UK ‘In these straightened times, one of the government’s principal concerns is to encourage inward investment as a means to economic growth.’ Marcus is feeling got at. He is a non-dom and was a banker …

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Trustees: Information exchange

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Katy Shayle considers the EU Savings Directive from a trustee’s perspective ‘The application of the Directive to trustees will depend upon whether there is an absolute entitlement to income arising under a trust, as an individual must be the beneficial owner of the income to be within scope Towards the end of the 1990s, the …

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Book Review: A practical approach to inheritance tax planning

Jo Summers finds Ray & McLaughlin’s Practical Inheritance Tax Planning a useful read Ray & McLaughlin’s Practical Inheritance Tax Planning (10th ed) by Mark McLaughlin, Geoffrey Shindler, Paul Davies and Ralph Ray £140.80 ISBN: 9781847667779 Published Feb 12 by Bloomsbury Professional The tenth edition of Ray & McLaughlin’s Practical Inheritance Tax Planning is a helpful …

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Guest Editorial: Back to school

Eleanor Sepanski looks at some issues facing private client practitioners in the months ahead ‘It may be a while before there is a reasonable amount of certainty on tax avoidance issues. This presents an extra challenge to tax planning.’The summer holidays are over. The Queen’s Diamond Jubilee celebrations and the Olympics, which have provided a …

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Charities: Power to the people

Jonathan Burchfield and Ann Phillips summarise Lord Hodgson’s recent review of the Charities Act On 16 July 2012, Lord Hodgson published his much-anticipated 160-page review of the Charities Act 2006, containing no fewer than 113 recommendations, which he submitted to Nick Hurd, the Minister for Civil Society. Lord Hodgson should be congratulated on having completed, …

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IHT: BPR and ‘hybrid’ businesses

Elizabeth Wilson examines the lessons of McCall & anor v HMRCC The case of McCall & anor v HMRCC [2011] provides useful guidance on IHT business property relief for ‘hybrid’ landowning businesses such as seasonal grazing ‘lets’ where the landowner remains in legal and factual occupation of the land used in the business, but is …

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