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The end of the "over-lawyered" witness statement? New rules for witness evidence in the Business and Property Courts

On the 6th April 2021, a new Practice Direction 57AC ("PD 57AC") will come into force in the Business and Property Courts, applicable to all trial witness statements signed on or after that date1. The introduction of PD 57AC represents a fundamental reform to the way factual witness evidence is collected and presented in commercial litigation, and will require a change in working practice and attitude on the part of both parties to commercial proceedings and their lawyers.

Budget 2021: UK corporation tax increase

Recent press reports have speculated that the Chancellor, Rishi Sunak, is set to increase the main rate of UK corporation tax rate (currently 19%), with some reports predicting a sharp rise to 25%. 

What does the UK-EU Brexit deal say about tax?

The Trade and Cooperation Agreement (TCA) signed by the UK and the EU in December 2020 contains a number of provisions which relate to tax. In this briefing, we look at what they are and how far they could constrain the UK's room for manoeuvre on tax issues in future.

Budget 2021: Employee share plans and the road to recovery

Whatever the Chancellor announces in his forthcoming Budget, employee share plans will continue to play an important role as companies move forward from the Covid-19 pandemic. The tax-advantages that share-based awards can enjoy are a key feature, however, equally important is the impact that share-ownership can have on boosting employee morale, motivation and aligning their interests with other investors.

LGBTQ+ History Month Podcast

Episode 1 - LGBTQ+ young people and mental health

The coronavirus lockdown has provoked a mental health crisis among young LGBTQ+ people. This podcast with Dominic Arnall, CEO of LGBT+ charity Just Like Us, and Carly Hubbard, Head of HR at Travers Smith, will highlight findings from the charity's research into the experiences of young LGBTQ+ people over the past year.

Budget 2021: Considering the changing landscape of tax compliance and enforcement

With the number of articles speculating on a potential increase in corporation tax or CGT rates, or the implementation of a wealth tax, it is easy to overlook possible changes to the tax compliance and enforcement landscape. However, given the number of new measures announced in the past year as part of the fiscal stimulus package to support the economy, and a tax gap of 4.7% of tax liabilities, it is also likely that the government will continue the development of its proposals to tackle tax evasion, tax avoidance and tax non-compliance.

Court of Appeal upholds disclosure order concerning senior executives' personal devices

Early this month, the Court of Appeal handed down an important judgment in Phones 4U Ltd v EE Ltd and Others ("Phones 4U"). The judgment results from an appeal by the defendant mobile network operators of a disclosure order requiring them to request their senior executives to hand over personal devices so that they could be searched by independent IT consultants for documents relevant to the case. The judgment illustrates how the courts will balance the need to ensure disclosure of relevant documents in court proceedings against individuals' rights to privacy, and emphasises the considerable latitude the courts have in crafting orders for disclosure.

Private equity and antitrust: liability for investee company presumed below 100% stake

The EU's top court has recently confirmed that a financial investor can be liable for a competition infringement of its investee company regardless of whether or not the investor is aware of that company's anticompetitive behaviour. In so doing, it has also clarified when the European Commission can presume an investor to be parentally liable for its investee company without considering further the level of control that investor in fact exercises – holding all the voting rights in a company is sufficient, even if the investor does not hold all of the capital.

We have the technology: software and data transactions under the National Security and Investment Bill

As we reported in December, the UK Government has recently published the National Security and Investment Bill ("the NSI Bill") – draft legislation designed to strengthen its powers to scrutinise transactions on grounds of national security.

The NSI Bill will broaden the range of investments which can be reviewed by the UK government, and introduce a statutory requirement for parties to notify transactions in the most sensitive areas of the economy. Alongside a mandatory notification requirement, the government will also have a more extensive "call-in" power to enable it to assess deals which may give rise to national security risks.  

Parallel merger investigations: a starter for ten

Deal-makers on cross-border transactions now need to think about UK merger control more often. Save for in a small number of cases formally initiated by the European Commission before the end of 2020, the UK Competition and Markets Authority ("CMA") is now unshackled from the "one-stop shop" of the EU merger control regime, able to pursue its own merger control investigations into international transactions in parallel with those of other authorities. 

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