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新闻和见解— 家庭与婚姻

新闻 / What are the legal implications surrounding surrogacy?

27-07-2022 /

In recent years, surrogacy has become more prominent, openly talked about and accepted as an opportunity for different family structures to be able to have a child of their own.

What are the legal implications surrounding surrogacy?

新闻 / Dan Crockford appointed as Head of Office for Ince (Bristol)

23-06-2022 / 保险

We are delighted to announce that Dan Crockford has recently been appointed as Head of Office for Ince (Bristol).

Dan Crockford appointed as Head of Office for Ince (Bristol)

新闻 / Adoption and surrogacy – What HR needs to know

14-06-2022 /

Adoption and surrogacy rates in the UK are on the rise – in the year ending March 2020, there were 3,440 adoptions and 413 parental orders following a surrogacy arrangement. Employers and HR, usually equipped with the knowledge and experience to deal with issues around biological maternity and paternity leave and pay, are now increasingly required to know the statutory rights of adoptive parents, surrogate women and intended parents. This includes their respective entitlement to take leave from work, their pay arrangements, and providing wider support through this life-changing time in their lives.

Adoption and surrogacy – What HR needs to know

新闻 / Valentine's Day - your legal rights when taking the next step in your relationship

14-02-2022 /

Each year, on 14 February millions of people across the world mark the day by sending cards and gifts to their partners to show their love and affection. With many considering this to be the most romantic day of the year, it may seem an appropriate time to embark on the next step of your relationship. This could mean couples deciding to move in together, or it sometimes provide an opportunity for a marriage proposal. These are very exciting times for couples, when careful consideration of the legal consequence of taking that next step are no doubt far from the happy couple’s minds.  

Valentine's Day - your legal rights when taking the next step in your relationship

新闻 / How to achieve an amicable divorce

17-01-2022 /

The beginning of the year always brings enquiries in relation to relationship breakdowns. The end of the old year is often a period of reflection and the New Year an opportunity for change.

How to achieve an amicable divorce

新闻 / How to achieve an amicable divorce – an outline

17-01-2022 / 私人财富

At the beginning of the year, we always see a surge of relationship breakdown enquiries, as couples reflect at the end of an old year and the new year brings an opportunity for change.

How to achieve an amicable divorce – an outline

新闻 / Divorce myths: debunked

13-01-2022 /

Over the years, our clients have shared some weird and wonderful myths about divorce and separation. Rebecca Aston-Jones from our Family team dispels some common myths and clarifies with the law.

Divorce myths: debunked

新闻 / ‘Death in Paradise’: debunking adoption and inheritance rights myths in Christmas special

13-01-2022 /

Many viewers will have tuned in to watch the BBC’s Death in Paradise Christmas special. During the episode, a wealthy shipping magnate was found dead at a Christmas party, and as the story progressed, the culprit was confronted and the mystery behind the victim’s death was revealed.

‘Death in Paradise’: debunking adoption and inheritance rights myths in Christmas special

洞察力 / Family Matters podcast series

15-12-2021 /

Welcome to Family Matters, the podcast series which explores the different areas of family law.

Family Matters podcast series

新闻 / Supporting employee mental health and wellbeing in the workplace during a relationship breakdown

19-10-2021 /

One in four people will experience mental health issues in their lifetime. This can have a significant impact on a person’s life, including their wellbeing and performance in the workplace. In this article, Susan J Williams, Partner and Head of Family (Cardiff), explores the significant impact mental health can have on relationships, and its role as a cause and consequence of a relationship breakdown.

Supporting employee mental health and wellbeing in the workplace during a relationship breakdown

新闻 / Divorce now or await the change in the law?

12-10-2021 /

There has been much publicity about the long awaited change in the law brought about by the Divorce, Dissolution and Separation Act 2020. This Act becomes effective on April 29 next year and will enable proceedings ending the legal relationship to begin, without waiting for a minimum of two years following separation, or in the absence of separation, apportioning blame to the other party by providing details of the individual’s unreasonable behaviour or adultery.

Divorce now or await the change in the law?

新闻 / Married, separated or divorced: how does your marital status affect your tax treatment?

21-06-2021 /

The tax implications arising out of a divorce, separation, or even marriage could be diverse and unforeseen. Although tax implications may not be your first priority upon separation, it is always wise to seek advice early on in the process, and be aware of possible tax liabilities depending on the outcome of the proceedings.

Married, separated or divorced: how does your marital status affect your tax treatment?

洞察力 / Men's Health Week: A focus on domestic abuse

16-06-2021 /

There is a lot of press, almost on a daily basis, on the domestic abuse of women. However, there needs to be an understanding and realisation that men are not always the perpetrators, but instead can be the victims of domestic abuse.

Men's Health Week: A focus on domestic abuse

洞察力 / No fault divorce – possible from Spring 2022

10-06-2021 /

From the 6 April 2022, married couples, including those entered into civil partnerships, will be able to divorce without blaming one party or adhering to the current separation period requirements.

No fault divorce – possible from Spring 2022

洞察力 / Safeguarding your family home with a Life Interest Trust

28-05-2021 /

When the need for care arises, many couples are concerned about funding long-term care and having to sell their property to meet care home fees. Individuals with a capital of more than £23,250 are expected to fund their own care with no contribution from the Local Authorities.

Safeguarding your family home with a Life Interest Trust

新闻 / To vaccinate or not to vaccinate: What happens if parents cannot agree on the vaccination of their children against Covid-19?

26-05-2021 /

In the last week, it has been widely reported that the USA has authorised the use of a Covid-19 vaccine to be administered to children over 12 years of age. Although the UK is currently assessing the data, it is anticipated that they will also approve the use of a Covid-19 vaccine for children. The question that then arises is what happens if parents cannot agree on whether their child should be given a Covid-19 vaccine.

To vaccinate or not to vaccinate: What happens if parents cannot agree on the vaccination of their children against Covid-19?

洞察力 / The Domestic Abuse Act 2021 - could this be a turning point for violence against women?

20-05-2021 /

On 29 April 2021, after years of parliamentary consideration, the Domestic Abuse Bill finally became law, representing a long-awaited change to our legislation.

The Domestic Abuse Act 2021 - could this be a turning point for violence against women?

洞察力 / Divorce, relocation and Covid-19

18-03-2021 /

Since March 2020, many articles have reported on the perceived increase in divorce rates during the Covid pandemic. Only time will tell if this proves to be correct and if the record-breaking 2019 figure of 108,421 divorces for both same-sex and opposite-sex couples in the UK is surpassed.

Divorce, relocation and Covid-19

新闻 / Providing HR support for employees with relationship difficulties: a family law perspective

11-03-2021 /

When a relationship comes to an end - whether a couple is going through divorce proceedings or ending a period of co-habitation - it is well recognised that this can have a huge impact on a member of staff’s work life.

Providing HR support for employees with relationship difficulties: a family law perspective

洞察力 / Ince Bristol's Private Client team expansion with new solicitor and trainee legal executive appointed

03-03-2021 /

Thriving international law firm Ince adds to its Bristol Private Client team with the appointment of a new associate solicitor and trainee legal executive.

Ince Bristol's Private Client team expansion with new solicitor and trainee legal executive appointed

新闻 / Ince develops Private Wealth advisory practice with appointment of new Head

11-01-2021 /

Ince is pleased to announce the appointment of Nick Rucker as Partner and Head of its Private Wealth advisory practice.

Ince develops Private Wealth advisory practice with appointment of new Head

新闻 / Insight into family issues for expats living in Dubai

17-12-2020 /

At the heart of the UAE, Dubai is a vibrant country, which offers amazing work opportunities for lots of British people looking to enhance their career, to work in a unique and exciting country, and to experience a different culture and meet with people from all over the world.

Insight into family issues for expats living in Dubai

洞察力 / What is a “bad divorce”? Things to avoid and look out for

01-12-2020 /

From the 30 November to 4 December 2020, Resolution is running its annual “Good Divorce Week” campaign. In conjunction with their campaign, Resolution have produced a “tool kit” for professionals working in family law to consider when dealing with a divorcing couple to enable the process to be dealt with in a way that reduces conflict.

What is a “bad divorce”? Things to avoid and look out for

洞察力 / How to have a "good divorce" - top tips for couples and professionals

30-11-2020 /

Recent data from The Office of National Statistics showed that during 2019, there was an increase in the number of divorces for both heterosexual and same-sex couples. In fact, it is the largest increase in divorce rates in the last five years.

How to have a "good divorce" - top tips for couples and professionals

新闻 / Relationships in 'Lockdown: Part Two'

04-11-2020 /

On the 29 October 2020, The Times ran an article titled “Can your relationship survive the second wave”. As Wales comes out of a “Firebreak” lockdown on 9 November 2020, and England starts a month-long lockdown from 5 November 2020 - this is a very timely question to ask.

Relationships in 'Lockdown: Part Two'

洞察力 / Preventing a domestic violence pandemic

03-11-2020 /

Since March, we have all had to adjust to the new reality in the face of Coronavirus. Now with the second national lockdown on the horizon in England, a ‘fire breaker’ lockdown underway in Wales and tiered restrictions being imposed in Scotland, we will all again retreat to our homes in order to protect ourselves, the vulnerable and our NHS.

Preventing a domestic violence pandemic

洞察力 / Sending my child to school… The dilemma for parents co-parenting during Covid-19

01-10-2020 /

As children attend school for the autumn term, for the first time since March 2020, schools across the UK are adopting measures to try and reduce the spread of coronavirus whilst allowing the return of all children to the school environment.

Sending my child to school… The dilemma for parents co-parenting during Covid-19

洞察力 / The portrayal of a marital affair in a BBC drama: A family lawyer's perspective

23-09-2020 /

BBC’s latest drama, ‘7:39’, covers an extra marital affair between two London commuters played by David Morrissey and Sheridan Smith, and without giving any spoilers, the consequences of this on any existing families and relationships.

The portrayal of a marital affair in a BBC drama: A family lawyer's perspective

洞察力 / Family law Q&A surrounding coronavirus

09-09-2020 /

Rebecca Aston-Jones, Senior Associate at Ince Metcalfes, answers some of the most frequently asked family law questions raised by her clients in these uncertain times and is interviewed about her experiences in the short video below. 

Family law Q&A surrounding coronavirus

洞察力 / What is a "no-fault" divorce?

16-06-2020 /

​​​​​​​The Bill which proposes to introduce “no-fault” divorces in England and Wales was backed by MPs earlier this week and it is possible that it will receive Royal assent within the next week.

What is a "no-fault" divorce?

洞察力 / Covid-19 and the implications regarding Childcare Arrangements

18-05-2020 /

In recent weeks family practitioners have had to deal with scenarios and situations which we hadn’t previously envisaged or had to consider. One parent stuck in lockdown on their own in one part of the country and the other with the children miles away, and grandparents and grandchildren not being able to see one another and share that special bond that exists. These are a few examples of the difficulties which separating families are having to endure.

Covid-19 and the implications regarding Childcare Arrangements

新闻 / Covid-19 and Financial Settlements – The consequences are known to be extreme

07-05-2020 /

We are living in the most unprecedented times. The world has been turned upside down, global stock markets have taken an incredible hit, many have found themselves either unemployed or on reduced salaries or with assets which as Richard Branson has told us have significantly reduced in value. All this is without a foreseeable end in sight.

Covid-19 and Financial Settlements – The consequences are known to be extreme

新闻 / Q&A: Why should you consider a co-habitation agreement?

24-04-2020 /

According to a statistic from STEP, more than three million couples in the UK choose to co-habit, rather than marry or enter a civil partnership. However, unmarried couples who live together have far fewer legal rights than couples who are married or in civil partnerships. The concept of the ‘common law’ spouse is just a myth and not recognised in the law. As a result, co-habiting couples who are in the process of separating cannot access the financial orders as separating spouse.

Q&A: Why should you consider a co-habitation agreement?

洞察力 / Child contact arrangements during the coronavirus outbreak

27-03-2020 /

The ongoing difficulties and concerns following the developments of the COVID-19 pandemic have been constantly presenting themselves over the last few months.

Child contact arrangements during the coronavirus outbreak

洞察力 / Six tips for working at home with your partner during the coronavirus outbreak

26-03-2020 /

In light of the global COVID-19 pandemic, the virus presents all of us with a number of challenges beyond the security of our health and wellbeing.

Six tips for working at home with your partner during the coronavirus outbreak

新闻 / Managing Child Arrangements Amid COVID-19

24-03-2020 /

We are now having to face challenges nationally and globally which we never expected, and we are having to adapt very quickly to the significant impact of COVID-19 upon our daily lives. In this unprecedented time of uncertainty, it is normal to have worries about how to manage your household and your family arrangements, to abide by the government guidance whilst maintaining some degree of normality. As Cafcass (Court Welfare Advisory Service) have advised, in this climate of uncertainty it has never been more important to instill a sense of routine and normality for children in order to make them feel safe and secure.

Managing Child Arrangements Amid COVID-19

新闻 / Domestic Abuse

14-02-2020 /

It has been reported in the media that Camilla, The Duchess of Cornwall, hosted an event on Wednesday to highlight the invaluable work that the organization 'SafeLives' undertakes to support victims of Domestic Abuse.

Domestic Abuse

洞察力 / The legal implications of “popping the question”

14-02-2020 /

With romance in the air, Valentine’s Day is a popular time for “popping the question”.  It is an exciting time filled with celebrations and if this is you, congratulations on your engagement!

The legal implications of “popping the question”

新闻 / The history of marriage

10-02-2020 /

It is widely agreed that the origin of marriage dates well before recorded history, but the earliest recorded evidence of marriage ceremonies uniting one woman and one man dates from about 2350 B.C. in the Far East. Over the next several hundred years, marriage evolved into a widespread institution embraced by various cultures.

The history of marriage

新闻 / The Divorce, Dissolution and Separation Bill, the “evolution” of the legal process

05-02-2020 /

The Divorce, Dissolution and Separation Bill that brings in “no fault” applications to end married and registered civil partnership relationships comes before the House of Commons today for its second reading.

The Divorce, Dissolution and Separation Bill, the “evolution” of the legal process

新闻 / Celebrating St Dwynwen’s Day: Then & Now

24-01-2020 /

25th January is St Dwynwen’s Day; which is celebrated in Wales in the same way as St Valentine’s Day is celebrated throughout the world, through the exchange of flowers and cards, romantic meals and special time spent by the couple together.

Celebrating St Dwynwen’s Day: Then & Now

洞察力 / Civil partnerships: an alternative to marriage for all couples

02-01-2020 /

It is estimated that around two thirds of cohabiting couples incorrectly believe they have the same rights as married couples or couples in a civil partnership. New legislation in this area provides all couples with an alternative to marriage to ensure they are granted with stability and legal protection.

Civil partnerships: an alternative to marriage for all couples

洞察力 / Pre-nuptial agreements - not just for the rich and famous

20-06-2019 /

With the wedding season almost upon us, couples are often considering whether to enter into a Pre-Nuptial Agreement. Julian McCarthy, Senior Family Solicitor provides an informative guide to engaged couples wishing to protect their assets prior to getting married.

Pre-nuptial agreements - not just for the rich and famous

洞察力 / Demystifying Wills

01-11-2018 /

Many people do not realise the importance of making a Will. Some think it’s self-prophesying and others simply aren’t aware of the impact dying without a Will can have on their family.

Demystifying Wills

洞察力 / Visiting a Family Solicitor for the First Time

04-01-2018 /

It is going to be a daunting experience regardless of attempts to “sugar coat” it.

Visiting a Family Solicitor for the First Time

洞察力 / Meet the lawyer - Kerry Graham, Family Solicitor

12-12-2017 /

Kerry is a senior family solicitor at Ince, a law firm dating back to 1829 which provides legal services for individuals and businesses.

Meet the lawyer - Kerry Graham, Family Solicitor

洞察力 / What happens when it’s too late to make a Lasting Power of Attorney?

27-07-2017 /

If a friend or relative is finding it difficult to make decisions about their finances or property, someone may need to be appointed to make these decisions on their behalf. But what happens when it’s too late for them to prepare a Lasting Power of Attorney?

What happens when it’s too late to make a Lasting Power of Attorney?

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新闻和见解— 破产重组

新闻 / The last of the remaining debt recovery restrictions have been lifted

25-05-2022 /

On 1 April 2022, the last of the remaining debt recovery restrictions were lifted, and the insolvency regime returned to its pre-pandemic position. This change is part of the general relaxation of coronavirus-related legislation of the Corporate Insolvency and Governance Act 2020, designed to protect companies impacted by the pandemic.

The last of the remaining debt recovery restrictions have been lifted

洞察力 / International Restructuring Tools: Navigating Restructuring with the new UK Restructuring Plan

11-01-2021 /

The Covid-19 pandemic has brought considerable financial challenges to companies across a broad range of industry sectors including the maritime sector and, in particular, the cruise, ferry and offshore sectors.

International Restructuring Tools: Navigating Restructuring with the new UK Restructuring Plan

洞察力 / A flying start for the restructuring plan

06-01-2021 / 航空和旅游

Alex Rogan looks at the maiden flight of the restructuring plan, highlighting the practical considerations for future cases.

A flying start for the restructuring plan

洞察力 / Some Pre-Christmas cheer for Directors - Wrongful Trading Liability Suspended Again

04-12-2020 /

In the face of the dire economic consequences of the second national lockdown and the continuing measures to save lives, the government has reinstated the suspension of liability for wrongful trading

Some Pre-Christmas cheer for Directors - Wrongful Trading Liability Suspended Again

洞察力 / Update on new UK restructuring plan and overview of key cross-border restructuring considerations

02-12-2020 / 航运

The Covid-19 pandemic has brought considerable financial challenges to companies across a broad range of industry sectors, including the maritime sector.

Update on new UK restructuring plan and overview of key cross-border restructuring considerations

新闻 / Re-introduction of Crown preference: Government prioritises public revenue streams over enterprise

30-11-2020 /

HMRC had preferential status up to 2003, until it was abolished under the Enterprise Act 2002, by the then Labour Government seeking to support entrepreneurs and their right to a second chance.

 Re-introduction of Crown preference: Government prioritises public revenue streams over enterprise

洞察力 / Corporate Insolvency and Governance Act 2020: extension of temporary measures to further support business

25-09-2020 /

Certain temporary measures introduced in the Corporate Insolvency and Governance Act 2020 (‘CIGA’) were extended on 24 September 2020. 

Corporate Insolvency and Governance Act 2020: extension of temporary measures to further support business

洞察力 / Protecting businesses will give the economy the greatest chance of recovery

12-08-2020 /

The Covid-19 pandemic has presented governments, financial markets and economies across the globe with challenges never faced before. Whilst Covid-19 is primarily and most terribly a public health crisis, its far-reaching consequences are devastating the global economy.

Protecting businesses will give the economy the greatest chance of recovery

洞察力 / Singapore Legal Update - The Insolvency, Restructuring and Dissolution Act: An Overview

04-08-2020 /

The Insolvency, Restructuring and Dissolution Act 2018, (Act No.40 of 2018, the “Act”) , which came into force on 30 July, marks, for now at least, the final stage in what has been a far-reaching overhaul of Singapore’s insolvency and debt restructuring regime.

Singapore Legal Update - The Insolvency, Restructuring and Dissolution Act: An Overview

洞察力 / New UK restructuring tool set to jack up floundering offshore sector

16-07-2020 / 能源及基础设施

The Covid-19 pandemic has brought considerable challenges, as well as potential opportunities, to the offshore sector. Offshore drilling continues to face difficulties and is expected to be the worst performing subsector of the oil sector, with rig utilisation at around 60%.

New UK restructuring tool set to jack up floundering offshore sector

洞察力 / New UK restructuring tool: a potential game changer for the maritime sector

30-06-2020 / 航运

With some signs of cautious optimism mounting that the shipping industry may have weathered the worst of the challenges posed by the pandemic, companies will need to start considering their restructuring options to ensure that they remain competitive in an uncertain recessionary trading environment.  

New UK restructuring tool: a potential game changer for the maritime sector

洞察力 / Corporate Insolvency and Governance Act 2020: Breathing Space for Distressed Companies and Game-Changing Restructuring Tools

29-06-2020 /

The Corporate Insolvency and Governance Act 2020 (the ‘Act’) came into force on 26 June 2020, marking a momentous advancement for the UK’s restructuring and insolvency regime.

Corporate Insolvency and Governance Act 2020: Breathing Space for Distressed Companies and Game-Changing Restructuring Tools

新闻 / India passes the Insolvency and Bankruptcy Code - Amendment Ordinance

09-06-2020 /

Last week, the Indian government amended the Insolvency and Bankruptcy Code (“IBC”) by passing the Insolvency and Bankruptcy Code Ordinance 2020 (“Ordinance”)[2]. The Ordinance was passed on and came into effect on 5 June 2020. The basic tenet of the Ordinance is to suspend fresh bankruptcy proceedings against persons impacted because of COVID-19 for at least six months, up to a maximum of one year.

India passes the Insolvency and Bankruptcy Code - Amendment Ordinance

新闻 / Covid-19: Rising to the challenge - The Corporate Insolvency and Governance Bill

28-05-2020 /

The Corporate Insolvency and Governance Bill (the “Bill”) published on 20 May 2020 represents the most significant development for restructuring and insolvency laws in the UK in nearly 20 years. The Bill, if passed in its present form, provides significant additional firepower to the UK restructuring arsenal, introducing a new restructuring regime that is capable of rising to the challenge of rescuing businesses and maximising stakeholder value in the difficult economic environment ahead.

Covid-19: Rising to the challenge - The Corporate Insolvency and Governance Bill

新闻 / Covid-19 Government Support Measures: A Class Act

28-05-2020 /

Over the last week, the lockdown has started to ease. Parks and public spaces are fuller, non-vital amenities are opening, and more people are on the roads than have been in months. From London to Durham, life and the economy seem to be thawing.

Covid-19 Government Support Measures: A Class Act

洞察力 / COVID-19: Changes to UK insolvency laws

03-04-2020 /

Over the past couple of months, the world has seen an unprecedented negative economic shock as a result of measures being implemented across the globe to save lives in the face of Covid-19. Governments across the globe are rushing to make arrangements, including temporary amendments to insolvency laws, to protect livelihoods and help businesses survive Covid-19 (see our update in relation to changes that have been implemented in Germany).

COVID-19: Changes to UK insolvency laws

洞察力 / Advice for company directors navigating the zone of insolvency

20-03-2020 /

It is important for directors to understand the full scope of their duties if their company is in financial distress and continuing to trade in the zone of insolvency. This is in order to ensure that they avoid facing personal liabilities for the losses suffered by creditors in these difficult times. This is a complex area for directors and it is important that they have appropriate legal and financial advice to ensure that they address the relevant considerations when reaching their decisions around continuing to trade whilst in the zone of insolvency. Please see our updates on specific consideration for directors in light of trading difficulties arising out of the impact of COVID-19 at 'Directors' Duties in light of COVID-19' and 'COVID-19: Governance'.

Advice for company directors navigating the zone of insolvency

洞察力 / Directors' Duties in light of COVID-19

20-03-2020 /

COVID-19 represents an unprecedented challenge to people and their businesses, the like of which has not been seen before in modern times. There is no doubt that almost all sectors will face significant challenges as both the supply and demand side of the economy grind to a halt. Certain sectors will benefit as the world moves on-line due to travel restrictions but for the large part this will be a very difficult trading environment which will be challenging for businesses to navigate.

Directors' Duties in light of COVID-19

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新闻和见解— 建筑和工程

洞察力 / Decennial Liability in the UAE

05-10-2020 / 保险

At its core, decennial liability is a form of strict liability imposed on architects, engineers and contractors in the case of total or partial collapse of a building or structure or defects found in the building or structure that threaten the structural integrity of the building.

Decennial Liability in the UAE

新闻 / Offshore construction: Supreme Court reverses Court of Appeal decision and holds MT Højgaard liable for failure of foundation structures of offshore wind turbines at Robin Rigg

04-08-2017 / 能源及基础设施

MT Højgaard A/S (Respondent) v E.ON Climate & Renewables UK Robin Rigg East Limited and another (Appellants) [2017] UKSC 59

Offshore construction: Supreme Court reverses Court of Appeal decision and holds MT Højgaard liable for failure of foundation structures of offshore wind turbines at Robin Rigg

新闻 / Qatar Q&A

07-07-2017 / 航空和旅游, 能源及基础设施

Since diplomatic ties were severed between the UAE and Qatar, we have received various queries regarding how this impacts our clients’ businesses. We have collated the most commonly asked questions and answers below, as well as some points to bear in mind, to provide a handy reference point as first port of call in case any queries relating to the Qatar situation arise.  Please note that, as this is a live situation, the information below is correct as of 5 July 2017. We will update this Q&A as and when needed.

Qatar Q&A

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新闻和见解— 知识产权和信息技术

新闻 / Cryptocurrency Fraud and Asset Tracing Legal Service of Documents through NFT - A Hong Kong Perspective

14-06-2022 / 科技、媒体与电信

In June 2022, LCX, a prominent centralised cryptocurrency exchange based in Liechtenstein, effected legal service upon anonymous hackers through the use of NFT.

Cryptocurrency Fraud and Asset Tracing Legal Service of Documents through NFT - A Hong Kong Perspective

新闻 / EU and UK address for service for trade mark and registered design owners

14-12-2020 /

With all existing EU and UK trade mark and design registrations, it is possible to register an address for service, which will then act as your trade mark representative.

EU and UK address for service for trade mark and registered design owners

新闻 / EU and UK trade mark and registered design renewals

14-12-2020 /

Important notice for all EU trade mark and registered design rights owners: If you have EU trade mark or design registrations that are due for renewal between 1 January and 30 June 2021, important new changes will affect the renewal of your mirrored UK registration(s).

EU and UK trade mark and registered design renewals

新闻 / “He tried to strangle me.” What would those words convey to the “ordinary reasonable reader” of a Facebook post?

30-04-2019 /

Stocker v. Stocker [2019] UKSC 17 For the first time, the Supreme Court considers the meaning of words in the context of their publication on social media.

“He tried to strangle me.” What would those words convey to the “ordinary reasonable reader” of a Facebook post?

洞察力 / How will Brexit impact Trade Marks?

11-01-2019 /

On March 29, 2019, the United Kingdom will leave the European Union. The exact impact of this unprecedented political move remains unknown, but the UK’s future post-Brexit is likely to be decided in the coming weeks. In June 2016, a referendum was held to decide whether the UK should leave or remain in the EU. With more than 30 million people voting (a turnout of 71.8%), leave won by 51.9% to 48.1%.

How will Brexit impact Trade Marks?

洞察力 / Brexit and the repatriation of EU laws

31-03-2017 /

The Government's White Paper Legislating for the United Kingdom's withdrawal from the European Union has confirmed the general approach that the proposed Great Repeal Bill will takenbspWhilst the UK will no longer be subject to the jurisdiction of the European Court of Justice (CJEU), EU laws existing at the time Brexit takes effect will in fact continue to apply, unless or until they are overturned by subsequent UK legislation

Brexit and the repatriation of EU laws

洞察力 / Brexit and EU Intellectual Property – What Now?

18-07-2016 /

The initial shockwave of the UK electorate’s vote in a referendum held on 23 June to terminate its membership of the European Union (Brexit) has given way to a tide of uncertainty as to whether, when and how the UK will indeed exit the EU. No independent member state has ever left the EU and the nature and scale of this development is unprecedented.

Brexit and EU Intellectual Property – What Now?

新闻 / Data Protection – the EU-US “Privacy Shield” is here – for now!

18-07-2016 /

In February we commented on the agreement reached between the EU and US authorities on a new framework for transatlantic data flows, called the “EU-US Privacy Shield”. This would allow the transfer of personal data from EU countries to the USA, where other legal justifications for this are not available.

Data Protection – the EU-US “Privacy Shield” is here – for now!

新闻 / Changes to EU trade mark law

23-03-2016 /

On 23 March 2016, new EU trade mark laws come into force, which are set to alter the landscape of EU trade mark protection moving forward The main changes are as follows:

Changes to EU trade mark law

新闻 / Case Closed Trunki rolled over by imitator in Supreme Court

14-03-2016 /

Almost 13 years to the day since the Community Registered Design (CRD) came into effect in the EU, the UK’s Supreme Court has handed down its very first judgment on this relatively young IP right. It was certainly worth the wait and has already caused considerable controversy.

Case Closed Trunki rolled over by imitator in Supreme Court

新闻 / Data Protection – Update on the US “Safe Harbor” scheme

09-02-2016 /

Last October we reported on the demise of the EU-US “Safe Harbor” scheme, as a result of the decision of the European Court of Justice (ECJ) in the case of Maximilian Schrems v Data Protection Commissioner of Ireland. The ECJ held that the “Safe Harbor”, which has been used by many EU and US businesses to justify transatlantic transfers of personal data since 2000, was invalid because the US public authorities were not bound by the scheme, and this compromised the fundamental human right of EU citizens to respect for their private lives.

Data Protection – Update on the US “Safe Harbor” scheme

新闻 / Data Protection US Safe Harbor scheme held invalid

15-10-2015 /

On 6th October 2015 the European Court of Justice (ECJ) handed down its ruling in the case of Maximilian Schrems v Data Protection Commissioner. The ECJ found that the US Safe Harbor scheme, which has been in place since 2000, is invalid. This means that, technically, many data transfers to the USA are now, and have been, illegal. In theory we could see people complaining to the relevant national data protection authorities and claims being made against companies that transfer personal data to the USA.

Data Protection  US Safe Harbor scheme held invalid

新闻 / Consumer Rights - The New Law

03-09-2015 /

The Consumer Rights Act 2015 (“CRA”), which comes into full force on 1st October 2015, revises and restates UK law relating to the sale and supply of goods and the supply of services to consumers, and for the first time provides separate rules relating to the supply of digital content to consumers.

Consumer Rights - The New Law

新闻 / Changes to UK Copyright Law Allow Copying of Music for Private Use

26-09-2014 /

On 1st October 2014 further changes to UK copyright law come into force. Under the Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014, it will now be lawful to make personal copies of copyright works for private use.

Changes to UK Copyright Law Allow Copying of Music for Private Use

新闻 / Changes to Copyright Law

21-07-2014 /

Copyright exists to incentivise the producers of creative works, by providing them with the right to control how their works are used and by whom, and to be remunerated for this use. Any copyright exceptions therefore need to be justifiable and ensure that a fair equilibrium is achieved between the costs to users and the incentive for the supply of those works.

Changes to Copyright Law

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You, Licensing (Alcohol and Entertainment)
& Ince, in any case

主要联系人

新闻和见解— 许可证(酒和娱乐)

新闻 / Royal Wedding Licensing Hours

15-05-2018 /

As the Royal wedding of HRH Prince Harry and Meghan Markle fast approaches on 19 May 2018, licensed operators should note that they may benefit from extended hours under The Licensing Act 2003 (Royal Wedding Licensing Hours) Order 2018

Royal Wedding Licensing Hours

新闻 / Night Tube services presents opportunities for London's night-time economy

02-04-2016 /

Last month saw the grand unveiling of another of Boris Johnson's projects to make certain tube lines across Central London run 24 hours during Fridays and Saturdays Sadiq Khan finally pushed this long awaited scheme over the line after the original announcement was made back in September 2014 We now currently have the new service operational on the Central and Victoria lines with further additions expected this autumn to the Jubilee, Northern and Piccadilly lines

Night Tube services presents opportunities for London's night-time economy

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You, Regulatory Solutions
& Ince, in any case

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新闻和见解— 监管和合规

新闻 / Court of Appeal overturns second Unaoil bribery conviction

29-03-2022 / 能源及基础设施

On 24 March 2022, the Court of Appeal overturned the conviction of a second man, Paul Bond, prosecuted by the Serious Fraud Office (SFO) in relation to alleged wrongdoing by Unaoil. 

Court of Appeal overturns second Unaoil bribery conviction

新闻 / Serious Fraud Office awards bribery compensation for Nigerian infrastructure

22-02-2022 / 能源及基础设施

We previously reported on the Deferred Prosecution Agreement (DPA) entered into between the SFO and Amec Foster Wheeler Limited (Amec) relating to the use of corrupt agents in the oil and gas sector. The timing of the agreement was particularly significant, as it came on the tenth anniversary of the Bribery Act 2010 and was the tenth DPA entered into by the SFO. As part of the DPA, we reported that Amec had agreed to pay a financial penalty to authorities in the UK, US and Brazil, including compensation to the people of Nigeria.

Serious Fraud Office awards bribery compensation for Nigerian infrastructure

洞察力 / Psychedelics Regulation in the UK and EU: United Kingdom

01-02-2022 /

Here at Ince, we decided to take a look at how Psychedelic compounds are currently regulated in some of Europe’s major economies. We reached out to some of the most experienced Life Sciences lawyers in France, Germany, Netherlands, Portugal and Spain to assist us with an overview of the regulatory landscape for Psychedelics business in Europe.

Psychedelics Regulation in the UK and EU: United Kingdom

洞察力 / Psychedelics Regulation in the UK and EU: France

01-02-2022 /

Here at Ince, we decided to take a look at how Psychedelic compounds are currently regulated in some of Europe’s major economies. We reached out to some of the most experienced Life Sciences lawyers in France, Germany, Netherlands, Portugal and Spain to assist us with an overview of the regulatory landscape for Psychedelics business in Europe.

Psychedelics Regulation in the UK and EU: France

洞察力 / Psychedelics Regulation in the UK and EU: Portugal

01-02-2022 /

Here at Ince, we decided to take a look at how Psychedelic compounds are currently regulated in some of Europe’s major economies. We reached out to some of the most experienced Life Sciences lawyers in France, Germany, Netherlands, Portugal and Spain to assist us with an overview of the regulatory landscape for Psychedelics business in Europe.

Psychedelics Regulation in the UK and EU: Portugal

洞察力 / Psychedelics Regulation in the UK and EU: Germany

01-02-2022 /

Here at Ince, we decided to take a look at how Psychedelic compounds are currently regulated in some of Europe’s major economies. We reached out to some of the most experienced Life Sciences lawyers in France, Germany, Netherlands, Portugal and Spain to assist us with an overview of the regulatory landscape for Psychedelics business in Europe.

Psychedelics Regulation in the UK and EU: Germany

洞察力 / Psychedelics Regulation in the UK and EU: Spain

01-02-2022 /

Here at Ince, we decided to take a look at how Psychedelic compounds are currently regulated in some of Europe’s major economies. We reached out to some of the most experienced Life Sciences lawyers in France, Germany, Netherlands, Portugal and Spain to assist us with an overview of the regulatory landscape for Psychedelics business in Europe.

Psychedelics Regulation in the UK and EU: Spain

洞察力 / Psychedelics Regulation in the UK and EU: Netherlands

01-02-2022 /

Here at Ince, we decided to take a look at how Psychedelic compounds are currently regulated in some of Europe’s major economies. We reached out to some of the most experienced Life Sciences lawyers in France, Germany, Netherlands, Portugal and Spain to assist us with an overview of the regulatory landscape for Psychedelics business in Europe.

Psychedelics Regulation in the UK and EU: Netherlands

洞察力 / Psychedelics Regulation in the UK and EU

01-02-2022 /

The Psychedelics industry is on the rise in North America and as usual, where the US goes, the UK and EU aren’t too far behind. Specific consideration has been given to domestic legislation relating to psychoactive substances, and analogue compounds, equivalent to the Federal Analogue Act in the US.

Psychedelics Regulation in the UK and EU

新闻 / Competing claims: confiscation proceedings, third parties and financial relief in family proceedings

16-12-2021 /

There will be occasions when Family law and Criminal law overlap. However, there will often be clashes and competing interests in the arena of confiscation proceedings and the determination of available assets.

Competing claims: confiscation proceedings, third parties and financial relief in family proceedings

新闻 / New modern slavery offences sentencing guidelines published

12-08-2021 /

The Sentencing Guidelines Council has today published the first sentencing guidelines for offences under the Modern Slavery Act 2015 (MSA).

New modern slavery offences sentencing guidelines published

新闻 / The Bribery Act: ten years on

19-07-2021 / 能源及基础设施

The Bribery Act: ten years on

洞察力 / Financial Conduct Authority issues Discussion Paper on diversity and inclusion in the financial sector

09-07-2021 /

On 7 July 2021, the FCA published a joint Discussion Paper (DP) with the Prudential Regulation Authority (PRA) and the Bank of England ‘Diversity and inclusion in the financial sector – working together to drive change’.

Financial Conduct Authority issues Discussion Paper on diversity and inclusion in the financial sector

洞察力 / Account Freezing Orders and Account Forfeiture Orders

03-06-2021 /

In a recent case before Westminster Magistrates’ Court, a District Judge has lifted an anonymity order protecting the identity of a couple, known presently as X and Y, who are challenging an application by the National Crime Agency ( NCA) for an account forfeiture order ( AFO ).

Account Freezing Orders and Account Forfeiture Orders

新闻 / Ince strengthens Regulatory Solutions team with the hire of new Partner Colette Kelly

19-04-2021 /

We are pleased to announce that Colette Kelly has joined as a new Partner in our Regulatory Solutions team.

Ince strengthens Regulatory Solutions team with the hire of new Partner Colette Kelly

新闻 / Estate Agents & AML: Knock Knock Who’s There?

26-03-2021 / 房地产

The Fifth Money Laundering Directive came into force in January 2020, extending the UK Money Laundering Regulations and implementation of regulatory controls to include real estate firms, real estate brokers, estate agents and rental intermediaries.

Estate Agents & AML: Knock Knock Who’s There?

新闻 / Ince launches first integrated technology and legal advisory know-your-customer (KYC) solution in the real estate sector

15-03-2021 / 房地产

New digital client onboarding solution delivered in collaboration with leading technology providers eLegal, Yoti and Arachnys.

Ince launches first integrated technology and legal advisory know-your-customer (KYC) solution in the real estate sector

洞察力 / Independent AML audit - What do you want from the process?

11-02-2021 /

With legislative change in the air, many more firms in Gibraltar will find themselves looking at how they can comply with the requirement to have an independent AML audit each year.

Independent AML audit - What do you want from the process?

洞察力 / The 6th Money Laundering Directive Countdown... 2021 New Year’s resolution preparation

02-12-2020 /

EU Member States are expected to have implemented the 6MLD into their national legal frameworks by the 3 December 2020.

The 6th Money Laundering Directive Countdown... 2021 New Year’s resolution preparation

洞察力 / AML and the accountancy sector – Accounting for the cost of money laundering

10-11-2020 /

Money laundering is big business. The United Nations Office on Drugs and Crime estimated the amount of money laundered globally in one year is 2 - 5% of global GDP, or US$800 billion - US$2 trillion.

AML and the accountancy sector –  Accounting for the cost of money laundering

洞察力 / 6MLD - Are your ‘Directing Minds’ clear on financial crime?

13-10-2020 /

As society and the business landscape evolves with new ways of working; distribution channels; products; and the pace of regulatory change, the status of compliance for companies also needs to keep in step.

6MLD - Are your ‘Directing Minds’ clear on financial crime?

洞察力 / Proposed Changes to Singapore Data Protection Law

06-10-2020 /

Earlier this year in May, the Ministry of Communications and Information and the Personal Data Protection Commission (“Commission”) invited feedback from the public on the draft Personal Data Protection (Amendment) Bill (“Bill”).

Proposed Changes to Singapore Data Protection Law

洞察力 / 5MLD & Letting Agents – Knock, Knock….Who is renting the property?

25-09-2020 /

Letting agents do not need to go to the lengths of the big, bad wolf of blowing the house in, to comply with the Fifth Money Laundering Directive (5MLD).

5MLD & Letting Agents – Knock, Knock….Who is renting the property?

洞察力 / A Higher Form of Realty – Beyond the Sale and 5MLD

20-07-2020 / 房地产

On 29 March 2018, the Treasury Committee launched an inquiry into Economic Crime including the examination of two areas where a risk of money laundering had been identified — property and company formation.

A Higher Form of Realty – Beyond the Sale and 5MLD

新闻 / MONEYVAL - Are You Prepared?

05-05-2020 /

In the past 12 months we have heard lots about Brexit and COVID-19, both really important issues that affect Gibraltar and its people. However, this has meant that other issues that we have been aware of, such as the MONEYVAL assessment, may have been put on a “back burner”. It is really important at these times to remember that we all have a responsibility to support Gibraltar in being compliant in protecting its reputation as a safe place to do business; particularly regarding Anti-Money Laundering & Countering the Financing of Terrorism.

MONEYVAL - Are You Prepared?

洞察力 / AML Art Series – Timing / Ready or Not - Registration

28-04-2020 /

The Art of Lateness and HMRC Registration White Rabbit from Alice in Wonderland – "Oh, my fur and whiskers! I’m late, I’m late, I’m late! Oh, dear, oh dear, oh dear! I’m here, I should be there. I’m late, I’m late, I’m late! The queen, she’ll have my head for sure!" "Court is now in session!" "Her Majesty, the Queen of Hearts, presiding!" "I'm late! I'm late! I'm dreadfully, awfully late! The queen will roast me for dinner! If I'm late for the trial, it'll be off with MY head next!"

 AML Art Series – Timing / Ready or Not - Registration

新闻 / Talk on Financial Crime delivered to the Royal Institute of Chartered Surveyors' Conference

01-04-2020 /

On Thursday 26 March, the Regulatory Solutions team at Ince delivered a talk on financial crime virtually to the Royal Institute of Chartered Surveyors at the RICS conference.

Talk on Financial Crime delivered to the Royal Institute of Chartered Surveyors' Conference

新闻 / Cryptoassets – Believing the money laundering impact

31-03-2020 /

“If you don’t believe it or don’t get it, I don’t have the time to try to convince you, sorry.” — Bitcoin’s purported founder Satoshi Nakamoto “I believe... I believe... Even though it's silly, I believe” says Susan from a Miracle on 34th Street

Cryptoassets – Believing the money laundering impact

新闻 / Cyber Risk and Coronavirus: Your assets and your data may be more at risk now than ever

30-03-2020 /

Cybercriminals are taking advantage of the increasing amount of time that people spend online due to the coronavirus outbreak [1]. With the volume of business conducted online, our fear is becoming their business opportunity.

Cyber Risk and Coronavirus: Your assets and your data may be more at risk now than ever

新闻 / A Time for Courage

20-03-2020 /

“This is not a time for ideology and orthodoxy, this is a time to be bold, a time for courage.” Rishi Sunak, Chancellor of The Exchequer – 17th March 2020

A Time for Courage

新闻 / CBD and Novel Foods: ACI provides more information

05-03-2020 /

More information on how the FSA Novel Food application procedure is going to work has been provided by the ACI. In particular they have provided further clarity on the application timetable and the likely cost burden on SMEs.

CBD and Novel Foods: ACI provides more information

洞察力 / CBD and Novel Foods – The Devil is in the Detail

19-02-2020 /

The Novel Food announcement by the FSA landed last week and created major waves in the CBD world. By then we had all been waiting on this guidance from the regulator for a long time. It wasn’t the announcement that I would have wanted, but like Brexit, whether you were for it or against it, it has happened. At this point in time, any kind of clarity is welcome. Now we await the formal protocols of the application process but there is enough information around for us to start getting into the detail.

CBD and Novel Foods – The Devil is in the Detail

洞察力 / Beneficial owners where art thou?

04-02-2020 /

“Romeo, Romeo, wherefore art thou Romeo? As uttered by Juliet on her balcony looking out to the garden, and Romeo waits in the shadows.

Beneficial owners where art thou?

洞察力 / The Artful Dodger

14-01-2020 /

Oliver Twist: And you Dodger, you're my friend The Artful Dodger: Huh! A friend's just an enemy in disguise. You can't trust nobody. 

The Artful Dodger

新闻 / Crypto and compliance - what is next?

04-11-2019 /

If in Roman Catholic theology, Limbo is the border place between heaven and hell, then Bitcoin and its peers have been living in somewhat of a regulatory limbo over the last couple of years.

Crypto and compliance - what is next?

新闻 / EU GDPR enforced against a Canadian data analytics company

06-02-2019 / 能源及基础设施

The UK data protection regulator has issued its first enforcement notice against a non-EU company. Canadian AggregateIQ Data Services Ltd (AIQ), which is alleged to have ties to Cambridge Analytica, used the personal data of Facebook users to target pro-Brexit advertisements at prospective voters online during the Brexit referendum campaign.

EU GDPR enforced against a Canadian data analytics company

新闻 / All Change for Asset Managers

19-07-2018 /

From 1st April next year, Authorised Fund Managers (AFMs) will be subject to new measures as set out by the Financial conduct Authority (FCA) in its April policy statement, where it specified changes to the [FCA] handbook.

All Change for Asset Managers

新闻 / Digitalisation is increasing the business risk from money laundering

22-05-2018 /

This article was published in Global Banking and Finance April 2018 Ince Gordon Dadds, the legal and professional services firm, is urging businesses to get smarter in how they handle money laundering or face the wrath of HMRC with some hefty financial fines. It warns that the digitalisation of cash has led to increased risks to businesses from money laundering. Whilst the majority of businesses are good at acknowledging these risks, they need to do more to mitigate the risk of money laundering.

Digitalisation is increasing the business risk from money laundering

新闻 / Droning on: new drone regulation in the UAE

23-04-2018 / 航空和旅游

Only a few years ago, many people had never seen or even heard of a drone. Today, in many major cities around the world, it would be an achievement to get through the week without seeing at least one. This is particularly true in Dubai. The UAE is striving to become a world leader in the use and development of drone technology: from the expectation that within the next few years taxi-drones will be operational within the city to the Drones for Good Awards launched by the office of H.H. Sheikh Mohammed Bin Rashid Al Maktoum, Prime Minister of the UAE and Ruler of Dubai to reward drone initiatives aimed at improving people’s lives.

Droning on: new drone regulation in the UAE

新闻 / China update – Shenzhen promotes anti-bribery management system through Honesty Certificates

16-12-2017 /

China’s high profile campaign against corruption is now nearly four years old. During this time, the campaign introduced political and legislative reforms as well as much anticipated new legislation to assist in the crackdown on corrupt party members, officials and conglomerates. However, most of the directives were initiated in Beijing, at the Central government level, and targeted at official corruption leaving loopholes at the commercial level.

China update – Shenzhen promotes anti-bribery management system through Honesty Certificates

新闻 / Anti-corruption enforcers close in on shipping and energy sectors

16-10-2017 /

September 2017 proved to be a busy month for enforcement authorities, including the UK Serious Fraud Office (SFO) in its ongoing war against international bribery and corruption, serving as a reminder that those operating in the shipping and energy sectors must remain alive to the risks of being convicted of such crimes

Anti-corruption enforcers close in on shipping and energy sectors

新闻 / SFO entitled to disclosure of corporate’s internal documents

12-10-2017 /

In the recent case of The Director of the SFO v. Eurasian Natural Resources Corporate, the English court found that the Serious Fraud Office (the “SFO”) was entitled to disclosure of certain documents from a multinational corporate that was subject to an ongoing SFO criminal investigation resulting from allegations of international fraud, bribery and corruption. The documents had been generated by the corporate’s solicitors and forensic accountants during a period of internal investigation into those allegations.

SFO entitled to disclosure of corporate’s internal documents

新闻 / Transparency International releases Corruption Perceptions Index 2016

11-10-2017 /

Transparency International (TI), the international non-governmental organisation that monitors corruption around the world, published its latest annual Corruption Perceptions Index (CPI), for 2016, on 25 January 2017

Transparency International releases Corruption Perceptions Index 2016

新闻 / Podcast: Are you protected against cyber risk?

04-10-2017 /

Companies of all sizes, and in every class of business from shipping and energy to financial services, are increasingly reliant on technology – and are therefore vulnerable to a cyber attack. In this 10-minute podcast, Simon Cooper explains why all firms should take steps to protect themselves against cyber risk.

Podcast: Are you protected against cyber risk?

新闻 / Podcast: Are you ready for GDPR?

03-10-2017 /

Is your business ready for the General Data Protection Regulation (GDPR)?  In this 10-minute podcast, Rebecca Thornley-Gibson explains why all organisations will be affected and what steps need to be taken in order to be ready for the 25 May 2018 deadline.

Podcast: Are you ready for GDPR?

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You, Cyber Security
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主要联系人

新闻和见解— 网络安全

新闻 / Cryptocurrency Fraud and Asset Tracing Legal Service of Documents through NFT - A Hong Kong Perspective

14-06-2022 / 科技、媒体与电信

In June 2022, LCX, a prominent centralised cryptocurrency exchange based in Liechtenstein, effected legal service upon anonymous hackers through the use of NFT.

Cryptocurrency Fraud and Asset Tracing Legal Service of Documents through NFT - A Hong Kong Perspective

洞察力 / Cyber security – have you exercised due diligence to make your ship seaworthy?

25-11-2021 / 航运

The recent, and very important, UK Supreme Court decision in Alize 1954 & another v. Allianz Elementar Versicherung & others (CMA CGM Libra) [2021] UKSC 51 has provided a timely and salutory reminder to shipowners and operators of the importance of being able to demonstrate that their ship is seaworthy if they are successfully to defend claims brought against them by cargo interests and others.

Cyber security – have you exercised due diligence to make your ship seaworthy?

新闻 / Free Movement of Personal Data? Cross-Border Transfer vs Localisation – Part 2

12-04-2019 /

In the previous part of this 2-part article, we have discussed the rules in the EU and the UK governing the transfer of personal data. But what about transferring data from Asian countries? Is there a GDPR equivalent in Asia? In this second part of the article, we will discuss the relevant rules in Hong Kong, Mainland China, India and the APEC.

Free Movement of Personal Data? Cross-Border Transfer vs Localisation – Part 2

新闻 / Free Movement of Personal Data? Cross-Border Transfer vs Localisation – Part 1

10-04-2019 /

Given the uncertainty over Brexit, concerns about the movement of people and goods across the UK-EU border post-Brexit are bigger than ever. But what about personal data? Can personal data still be transferred between the UK and other EU countries post-Brexit? What are the relevant laws in the UK and the EU? How are other countries regulating the cross-border transfer of personal data? In this 2-part article, we will discuss the data transfer laws of the EU, the UK, Hong Kong, Mainland China, India and the APEC, and suggest that the trend in the future is for cross-border data transfer to be allowed as long as a prescribed level of data protection measures are in place.

Free Movement of Personal Data? Cross-Border Transfer vs Localisation – Part 1

洞察力 / Are fines and penalties relating to breach of data privacy regulations insurable? – Review from the UK and Hong Kong perspectives

26-02-2019 /

Breach of data privacy protection regulation, with the new European Union’s General Data Protection Regulation (“GDPR”) coming into effect, can result in draconian fines and penalties. In January 2019, Google was fined 50 million Euros for improper disclosure to users as to how data is collected across its services, including its search engine, Google Maps and YouTube, to present personalized advertisements. This penalty is by far the largest penalty to date since the implementation of the new GDPR. British Airways faces a possible fine of £500 million over the data breach of leaking the customer details, including bank card numbers, expiry dates and cvv codes in a cyber-attack. Despite conventional thinking of prohibiting insurances against the fines and penalties based on public policy argument, there is certainly demand for expansion of related data breach insurances. By comparing UK and other EU jurisdictions as well as Hong Kong, the trend for data breach related insurances are on the rise.

Are fines and penalties relating to breach of data privacy regulations insurable? – Review from the UK and Hong Kong perspectives

新闻 / The rise and rise of data

01-10-2018 /

Managing associate Justin Whelan, based in Dubai, authored an article covering the fact that data breaches and cybercrimes are becoming more commonplace both in the Middle East and globally and that the increasing need for protection against cyberattacks mean that cyber premiums will soon outpace those of all other insurance lines

The rise and rise of data

新闻 / GDPR: You’ve done the easy bit so now what?

25-05-2018 /

Now comes the hard part. Ensuring the internal workshops you’ve delivered have been listened to and people handling personal data within your organisation are embracing the data privacy culture is your next challenge.

GDPR: You’ve done the easy bit so now what?

新闻 / Enforcement of the GDPR

24-05-2018 /

NB: all references are to Articles of the GDPR unless indicated otherwise. The new EU General Data Protection Regulation (“GDPR”) which comes into force on Friday 25 May 2018 is the toughest data protection regime in the world. It is the EU’s response to mounting public concern at unauthorised use of data or, perhaps even worse, the commercial use of personal data without even the individual owner of the data being aware that this is happening. In addition to imposing demanding obligations on the collector and processor of personal data, the GDPR also introduces tough sanctions for breaches.

Enforcement of the GDPR

新闻 / Marketing and the soft opt-in

23-05-2018 /

Under the GDPR organisations must ensure they have a lawful processing reason when processing personal data and this includes sending marketing communications to individuals.Legitimate interests and consent will be the lawful data processing reasons used in most situations.

Marketing and the soft opt-in

新闻 / GDPR – Issues for Employers

22-05-2018 /

The GDPR will necessitate various changes for employers as regards their employee data collection and processing activities. In particular, employers should be aware of, and prepare for, the following revisions to the current data protection regime.

GDPR – Issues for Employers

新闻 / CCTV monitoring and the GDPR

21-05-2018 /

The use of CCTV will be covered by the GDPR from 25 May 2018 where the recordings contain information which identify an individual ie personal data Most uses of CCTV by organisations are currently covered by the Data Protection Act so compliance now should provide a head start for GDPR compliance

CCTV monitoring and the GDPR

新闻 / How GDPR will change your commercial contracts

18-05-2018 /

Both data controllers and data processors are subject to the GDPR and data processing arrangements will come under more scrutiny. Where a data controller contracts with a third party to carry out data processing, a due diligence exercise needs to be carried out to ascertain that the correct data security measures are in place and to ensure overall GDPR compliance in areas such as breach notification, accessibility and retention of data.

How GDPR will change your commercial contracts

新闻 / GDPR – Do you need to appoint a Lead Supervisory Authority?

17-05-2018 /

A Lead Supervisory Authority is the authority with the primary responsibility for dealing with a cross-border data processing activity, for example when there is a data breach or when a data subject makes a complaint about the processing of personal data.

GDPR – Do you need to appoint a Lead Supervisory Authority?

新闻 / Subject Access Requests – Do you need a process?

16-05-2018 /

A data subject has the right to obtain information as to whether personal data is being processed about him or her, access to that data and information about the purposes of processing, the categories of personal data being processed and to whom the personal data is being transferred.

Subject Access Requests – Do you need a process?

新闻 / GDPR – Do you need to appoint a Data Protection Officer (DPO)?

15-05-2018 /

With the imminent implementation of the GDPR, businesses need to assess whether they need to appoint a DPO.

GDPR – Do you need to appoint a Data Protection Officer (DPO)?

新闻 / Lawful processing reasons

14-05-2018 /

Processing personal data will only be permitted when it is lawful to do so and Article 6 of the GDPR allows processing on the following six grounds: 1. Consent 2. Necessary for performance of a contract 3. Necessary to comply with a legal obligation 4. Necessary to protect the vital interests of an individual 5. Necessary for performing public interest or official task 6. Necessary for the purposes of legitimate interests

Lawful processing reasons

新闻 / Features of a GDPR-compliant Privacy Policy

11-05-2018 /

Once of the key principles of the General Data Protection Regulation (GDPR) is that individuals must be provided with clear, understandable and accessible information about how and why their personal data will be used. The simplest way to achieve this is to put in place a Privacy Policy or, if you already have one, to ensure that it is updated appropriately before the GDPR enters into force on 25 May 2018.

Features of a GDPR-compliant Privacy Policy

新闻 / Overseas transfer of personal data

10-05-2018 /

Transfers of personal data overseas requires careful consideration of the adequacy of the data protection safeguards in the overseas territory and the international organisation data is being transferred to. For the purposes of the GDPR, a non-EU country is treated as a “third country” and transfers of personal data to third countries are permitted only if appropriate safeguards are in place or if an adequacy decision has been made by the EU Commission.

Overseas transfer of personal data

新闻 / GDPR – Where are we now?

09-05-2018 /

The recent Cambridge Analytica/Facebook revelations have put data privacy issues firmly in the spotlight. The timing could not be better for strengthening the case for the imminent data protection reform which is to be implemented by the General Data Protection Regulation (GDPR) and the UK’s Data Protection Act 2018, from 25 May 2018.

GDPR – Where are we now?

新闻 / Marine Cyber Risk Insurance

09-05-2018 / 保险, 网络安全

Ince Gordon Dadds Partner Simon Cooper has contributed the chapter lsquoMarine Cyber Risk amp Insurancersquo to the recent release lsquoMarine Liabilities in a Global and Regional Contextrsquo

Marine Cyber Risk  Insurance

新闻 / Extra-territorial reach of GDPR and non EU organisations

08-05-2018 /

Harmonisation of data protection requirements across the 28 EU Member States has created a gold standard data protection regime which will extend beyond the EU's physical borders For organisations outside the EU, it is essential that they consider whether they are within the scope of the GDPR and its enforcement powers

Extra-territorial reach of GDPR and non EU organisations

新闻 / Cyber security: An insurance perspective

01-03-2018 / 保险

Cyber incidents are becoming increasingly frequent and widespread and the losses caused are increasing. All industries and all manner of businesses are susceptible. It is prudent for companies and insurers to view such incidents not so much as ‘if’ they should occur, but rather ‘when’ they will occur. It has been estimated that the global cost of cyber-related crime will rise annually to USD3 trillion by 2021. Although cyber incidents are a worldwide issue, it is fair to say that the Middle East is experiencing higher levels of cyberattacks in relation to the global average.

Cyber security: An insurance perspective

新闻 / Cyber risks facing ship managers

14-02-2018 / 航运, 网络安全

Digitalisation of shipping and the associated cyber risk vulnerabilities are hotly debated and discussed topics in the shipping industry, both at state and corporate levels Whilst the focus appears to be largely on shipowners and the use of autonomous ships, there are also a number of pressing areas of concern that ought to be considered and addressed in the context of ship management

Cyber risks facing ship managers

新闻 / Blockchain - the answer to all your problems?

13-02-2018 / 航运

In 2017, the maritime industry was awash with predictions of the potential for blockchain technology to enhance communication, allow transparency across the supply chain and thereby streamline traditionally paper-based trade processes. Ultimately, blockchain would be expected to combat the current fragmentation across the industry by making processes more efficient.

Blockchain - the answer to all your problems?

新闻 / Ince to speak at the Maritime Cyber Resilience Forum during 2018 Asia Pacific Maritime conference

13-02-2018 /

Rory Macfarlane, Hong Kong-based partner of Ince Co and the Asia Chair of the firm's Regulatory Compliance group, has been invited to speak at the Maritime Cyber Resilience Forum in Singapore on 15 March organised by Digital Ship during this year's Asia Pacific Maritime, Asia's largest maritime and offshore conference that attracts 15,000 visitors every year

Ince to speak at the Maritime Cyber Resilience Forum during 2018 Asia Pacific Maritime conference

新闻 / Blockchain – panacea or red herring?

05-02-2018 /

In 2017 the logistics and transport industry was awash with predictions of the advances that a myriad of new technologies were going to bring. One of the major predicted advances was the use of blockchain technology to enhance communication and transparency across the supply chain, to effectively deal with the current fragmentation across the industry and to make traditionally paper-based trade processes more efficient. Here in Hong Kong, the government has recognised the potential of blockchain and the need for further research into its practical application1. In a whitepaper published in October 2017, the Hong Kong Monetary Authority identified a number of legal and compliance issues with distributed ledger technology. It also set out the results of proof of concept tests in trade finance, digital identity management and mortgage loan applications2, demonstrating the benefits and challenges of the practical applications of the technology in its current form.

Blockchain – panacea or red herring?

新闻 / Is the shipping industry prepared for GDPR

15-11-2017 / 航运, 网络安全

Shipping companies collect a great deal of personal data, including passenger information, crew and employee details, customer lists and details of business contacts The complex global nature of the industry and high level of personal data processed and exchanged, often across national borders, can leave information vulnerable to security breaches, intentional or otherwise Implementing effective data protection controls into daily operating procedures is a huge challenge However, when the EU General Data Protection Regulation and the UK's Data Protection Act 2018 come into force on 25 May 2018, businesses ignore themnbspat their peril, as non-compliance can result in large fines and reputational damage There are also commercial benefits to effective compliance companies that protect the privacy of their passengers, employees and business associates and conduct properly targeted marketing campaigns will be more likely to attract and retain business and staff We set out below some of the issues you need to consider and how you can action them and demonstrate compliance in view of the accountability principle

Is the shipping industry prepared for GDPR

新闻 / Regulatory and compliance checklist how do your internal policies fare

24-10-2017 / 航运, 网络安全

Whilst transportation and infrastructure companies are no strangers to regulatory compliance, in recent years, the scope and pace of regulations have increased significantly As a result, all companies should be looking to continually update and broaden their internal compliance policies

Regulatory and compliance checklist how do your internal policies fare

新闻 / Rory Macfarlane and John Boles discuss Cyber Security in an era of opportunity'

22-09-2017 / 网络安全

Partner, Rory Macfarlane, John Boles, Director of Global Legal Technology Solutions at Navigant and Richard Clayton, Lloyd's List's Chief Correspondent recently delivered a podcast on Cybersecurity, hosted by Informa and sponsored by Ince Co

Rory Macfarlane and John Boles discuss Cyber Security in an era of opportunity'

新闻 / Rory Macfarlane discusses the importance of preparation for a cyber-attack

06-09-2017 / 网络安全

Ince Co's Hong Kong-based partner, Rory Macfarlane, explores the necessity for businesses to prepare for cyber-attacks, in Asia-mena Counsel's recent publication on Cyber Security and Data Protection

Rory Macfarlane discusses the importance of preparation for a cyber-attack

新闻 / Cybersecurity. Wannacry; now Petya. What steps have you taken to protect your business?

28-06-2017 /

Yesterday’s Petya ransom-ware attack highlights again the serious effect that cyberattacks can have on all companies operating in an increasingly digitalised and interconnected marketplace. Although the full scope and scale of this attack will emerge with the fullness of time, events like this will only become more common if companies within the shipping and transport sectors remain unprepared.

Cybersecurity. Wannacry; now Petya. What steps have you taken to protect your business?

新闻 / Rory Macfarlane examines cyber risks for shipping

20-06-2017 / 航运, 网络安全

Ince Co's Hong Kong-based partner Rory Macfarlane, who also co-heads the firm's regulatory and compliance practice in Asia, discussed the potential impact of cyber-attacks on shipping companies in an article published by Splash 247

Rory Macfarlane examines cyber risks for shipping

新闻 / Cyber attack and the energy industry – what will you be holding when the music stops?

09-06-2017 / 能源及基础设施

The worldwide ransomware attacks of 12 May 2017 have made it clear that any business is vulnerable to a cyber attack The WannaCry virus was unleashed on everything from hospitals in England to car manufacturers in France and petrol stations in Chinanbsp Although its further dissemination has been stopped, it is confidently predicted that the attacks will return

Cyber attack and the energy industry – what will you be holding when the music stops?

新闻 / GDPR – What’s new?

17-05-2017 /

The EU’s General Data Protection Regulation (“GDPR”) is the single most significant piece of data privacy legislation passed by the European Parliament in the last two decades. It has a significantly broader scope than the existing legislation and introduces a tiered penalty system for non-compliance, with fines as high as 4% of annual global turnover or EUR 20m whichever is the higher.

GDPR – What’s new?

新闻 / BRANCHED TO TRAINING Cyberattacks make companies and governments WannaCry

15-05-2017 / 网络安全, 航空和旅游, 能源及基础设施, 保险, 商品与贸易, 航运

Whilst the reaction from both mainstream and social media was one of shock at the extent of this weekend's global cyber-attack, for those working within cyber-security it came as little surprise

BRANCHED TO TRAINING Cyberattacks make companies and governments WannaCry

新闻 / Cyberattacks make companies and governments WannaCry

15-05-2017 /

Whilst the reaction from both mainstream and social media was one of shock at the extent of this weekend's global cyber-attack, for those working within cyber-security it came as little surprise

Cyberattacks make companies and governments WannaCry

新闻 / Employee Shields against Cyber Attacks

04-05-2017 /

Protecting data from misuse requires continuous review of business practices as well as supporting technology tools

Employee Shields against Cyber Attacks

新闻 / The General Data Protection Regulation

03-05-2017 /

The General Data Protection Regulation (GDPR) comes into force on 25 May 2018 The GDPR will update and harmonise data protection procedures, address new technological developments and bolster enforcement across the EU

The General Data Protection Regulation

新闻 / Germany new standard conditions for cyber insurance

02-05-2017 / 网络安全

New standard conditions for cyber insurance released by the German Insurance Association are only partly eligible for the market

Germany new standard conditions for cyber insurance

新闻 / Understanding the implications of Cyber Insurance

27-03-2017 /

One of the most frequent questions received by CCW Global in relation to corporate risk management is what is Cyber Insurance, and why do we need it Organizations will understand why Employee's Compensation Coverage, Professional Indemnity Insurance, and Public Liability protection are needed for the business these covers are part of the routine risk management process and due diligence that businesses will implement in order to protect themselves against losses

Understanding the implications of Cyber Insurance

新闻 / UK: Cyber Security Regulation and Incentives Review

14-03-2017 /

On 21 December 2016, the UK Government published “the Cyber Security Regulation and Incentives Review”. The review was conducted as part of the Government’s £1.9bn 5 years’ plan, the National Cyber Security Strategy, to “mak[e] the UK the safest place in the world to live and do business online”. It follows an extensive consultation with a wide range of commercial and non-commercial stakeholders and presents the Government’s position on cyber risk regulation and management in the private sector (excluding those companies operating in sectors critical to the national economy and falling under the forthcoming European Directive on Security of Network and Information Systems).

UK: Cyber Security Regulation and Incentives Review

新闻 / Hong Kong: Nothing is certain but death, taxes and cyber attack

09-02-2017 /

Had Benjamin Franklin been writing to Jean-Baptiste Leroy in 2017 rather than 250 years ago, then he would have probably added ‘cyber-attack” to his list of life’s certainties. It is no longer a question of ‘if’ your business will be subjected to a cyber-attack; but a question of ‘when’.

Hong Kong: Nothing is certain but death, taxes and cyber attack

新闻 / EU Directive on Security of Network and Information Systems

23-01-2017 /

The Directive on Security of Network and Information Systems (the NIS Directive) was adopted by the European Parliament on 6 July 2016 and Member States have until 9 May 2018 to implement it in their national legislation

EU Directive on Security of Network and Information Systems

新闻 / PRA Considers cyber insurance underwriting risk

24-11-2016 /

The continued dependence on electronic and network-based systems, combined with the constant development and sophistication of the threats posed to those systems by criminals, political activists, terrorist groups and others, means that all businesses, regardless of their size or area of operation, are increasingly exposed to cyber risks.

PRA Considers cyber insurance underwriting risk

新闻 / Cyber risk - mind the gap!

05-08-2016 / 保险

Today, almost every organisation is reliant on technology – it dominates communication systems, transport, financial services and many other aspects of commerce – and as technology becomes ever more complex and sophisticated, so do the risks you face.

Cyber risk - mind the gap!

新闻 / Singapore: Cyber Security Bill

01-07-2016 /

From hacking into international money transfer systems to phishing email accounts, cyber criminals have been gaining in notoriety and causing lots of financial and security issues for businesses. The sophistication and speed at which these attacks are carried out often make it difficult to trace the tracks of the hackers and to recover the stolen assets. An additional difficulty is the lack of regulation of cyber space, which crosses all national boundaries. In an effort to contain the problem, countries have been introducing or revising existing cyber security laws. In this article, we review Singapore’s proposed new Cyber Security Bill and the impact it will have on businesses.

Singapore: Cyber Security Bill

新闻 / Containers: "heavies over lights" a thing of the past?

28-04-2016 / 航运

On 1 July 2016, the amendments to Chapter VI Regulation 2 of the Safety of Life at Sea Convention (“SOLAS”) will become effective. From that date, it will be: (i) mandatory for a shipper of a packed container to verify and provide the container’s verified gross mass (“VGM”); and (ii) a violation of SOLAS for a packed container to be loaded onto a vessel, if the ship operator and marine terminal do not have the container’s VGM.

Containers: "heavies over lights" a thing of the past?

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事件 / Webinar: Addressing the legal and tax issues for employers for hybrid and remote working

28-09-2022 /

Homeworking and hybrid working have become 'the norm' following the pandemic. However, there are many legal and tax issues for employers to consider, as we move from working from home requirements during the pandemic, to choosing or being asked to work remotely, even for part of the week. This webinar addresses these issues and we are delighted to co-host it with Bath-based chartered accountants and tax advisors, Richardson Swift.

Webinar: Addressing the legal and tax issues for employers for hybrid and remote working

洞察力 / Proposed changes to Stamp Duty Land Tax Rules in England

01-03-2022 /

HMRC are currently consulting on potential changes to the Stamp Duty Land Tax (SDLT) rules for mixed use property purchases and Multiple Dwellings Relief. If introduced these changes will have important tax consequences for future property purchases.

Proposed changes to Stamp Duty Land Tax Rules in England

新闻 / Changes to probate application process and submission of inheritance tax accounts for deaths on or after 1 January 2022

28-01-2022 /

On 1 January 2022, The Inheritance Tax (Delivery of Accounts) (Excepted Estates) (Amendment) Regulations 2021 came into effect. They extended the 2004 Regulations so that the majority of non-taxpaying estates are no longer required to complete IHT forms in cases where a grant is required. The new Regulations serve to minimise the administrative burdens imposed on those dealing with IHT by reducing the reporting requirements for excepted estates and limiting the circumstances in which full inheritance tax accounts must be delivered to HMRC. The new Regulations, however, will only apply to estates or deaths that occur on or after 1 January 2022.

Changes to probate application process and submission of inheritance tax accounts for deaths on or after 1 January 2022

新闻 / New sweeping blanket requirement to register nearly all UK connected trusts under Fifth Anti-Money Laundering Directive

14-07-2021 /

Whilst the Fifth EU Anti-Money Laundering Directive (5MLD) came into force on 6 October 2020 with little fanfare, the impact it will have on trusts with a UK connection could well be dramatic. In essence, the 5MLD implements a number of strict anti-money laundering requirements; a number of which have now been extended to nearly all trusts including non-taxpaying trusts, which to date were exempted from such reporting.

New sweeping blanket requirement to register nearly all UK connected trusts under Fifth Anti-Money Laundering Directive

洞察力 / Freeports: how do they benefit businesses in the UK?

23-04-2021 / 航运

In the 2021 Spring Budget, Rishi Sunak announced the creation of eight Freeports in England. These Freeports offer potential incentives for businesses located in such zones to benefit from tax breaks, the ability to import and export goods free of tariffs and reduced administrative burdens. They may also provide opportunities for businesses supporting these activities, including shipping companies, construction companies and service providers.

Freeports: how do they benefit businesses in the UK?

新闻 / Your future in the UK post-Brexit and post-Covid 19: what you need to know

08-04-2021 / 房地产

Over the last twelve months, the United Kingdom (UK) like the rest of the world, has seen the COVID -19 pandemic impact hugely on our ability to travel freely, to relocate for business, work, investment and education. We now see some light at the end of the tunnel with the UK’s mass immunisation programme which has seen infection (and thankfully) mortality levels fall dramatically. This is finally giving people hope for the future, resulting in renewed interest in the UK as a safe place to live, to invest in, and as somewhere to educate their children.

Your future in the UK post-Brexit and post-Covid 19: what you need to know

洞察力 / Domicile and issues of taxation

23-09-2020 /

Taxation is complicated at the best of times but for many people in the shipping industry who often work in a country other than the one where they were born or grew up, there are invariably added cross border complications.

Domicile and issues of taxation

洞察力 / Stamp Duty Land Tax – Temporary Relief

14-07-2020 /

In the UK, Chancellor Rishi Sunak last week announced a raft of stimulus measures aimed at rebooting the UK economy following the coronavirus pandemic.

Stamp Duty Land Tax – Temporary Relief

洞察力 / Domicile remittance basis

03-07-2020 /

This article looks at the practical issues arising from the remittance basis. The remittance basis is an alternative tax treatment that's available to individuals who are resident but not domiciled or treated as domiciled in the UK and have foreign income and gains.

Domicile remittance basis

洞察力 / Ince Brexit Q&A Series

12-12-2019 /

The UK’s decision to leave the European Union continues to create a complex and unprecedented level of uncertainty in the UK, the EU and beyond. It brings significant regulatory, financial and operational implications to individuals and businesses of all sizes.

Ince Brexit Q&A Series

洞察力 / Brexit Q&A: Tax

12-12-2019 /

In this Brexit Q&A Huw Witty provides details surrounding the topic of Tax. This includes borrowing costs, anti-avoidance rules and whether there will be a tax upside from Brexit.

Brexit Q&A: Tax

博客 / A nasty surprise for off plan buyers

26-11-2018 /

In the recent case of HMRC v Higgins (2018 UKUT 280) the Upper Tax Tribunal ruled that “off plan” property purchasers will not be able to claim the traditional relief from capital gains tax (CGT) for the period prior to them moving into their new properties.

A nasty surprise for off plan buyers

博客 / Requirement to Correct: HMRC’s new 200% tax penalty regime

27-07-2018 /

From 30 September 2018, HMRC will introduce a new, more severe penalty regime that will apply to any unpaid UK tax connected to non-UK (otherwise known as ‘offshore’) assets. At its starting point, this new regime imposes financial penalties of 200% on any such unpaid tax, and the rules require a minimum of 100% to be levied, irrespective of taxpayer co-operation.

Requirement to Correct: HMRC’s new 200% tax penalty regime

博客 / The inheritance tax issues facing foreign nationals owning UK property

18-06-2018 /

The UK has historically been, and indeed remains, an attractive proposition for foreign nationals to live, work and invest their money In past years a buoyant property market has led to large numbers of foreign nationals acquiring UK assets, often UK residential property, as an investment Recent falls in the value of sterling following the Brexit vote have only increased the attractiveness of such investments However, such investors should always consider carefully the UK tax implications and succession issues that may arise from holding and later disposing of such an asset, or dying whilst still owning a UK property

The inheritance tax issues facing foreign nationals owning UK property

新闻 / Multilateral approach

26-09-2017 /

Huw Witty's article was first published by Taxation Magazine on 21 September 2017A multilateral convention to combat tax avoidance must be good news, mustn't it Huw Witty considers its advantages and disadvantages

Multilateral approach

新闻 / Buy to Let – Under Siege & The Race to Incorporate

11-12-2016 /

Whilst this may be one opinion, private landlords can certainly be forgiven for thinking it is a view held by George Osborne following his recent tax increases for the buy to let sector. The increase to Stamp Duty Land Tax (SDLT), coupled with restrictions on tax relief for finance charges and the removal of the wear and tear allowance will certainly leave many private landlords feeling under siege.

Buy to Let – Under Siege & The Race to Incorporate

新闻 / SDLT changes 2016 – stamping out investment?

04-01-2016 /

On 28 December 2015 HMRC issued a consultation document concerning the 3% extra stamp duty payable on “additional residential properties”, announced in the Autumn Statement and Spending Review, which has provided some guidance as to how the new rules may operate.

SDLT changes 2016 – stamping out investment?

新闻 / HMRC Consultation – Direct Recovery of Debts

25-07-2014 /

On 6 May 2014 HMRC opened consultation regarding their request for powers to access the bank accounts of taxpayers with tax debts exceeding £1,000. The closing date for comment is 29 July 2014. Responses to the consultation will be published in autumn 2014 and draft legislation released for further consultation in the 2014 autumn statement. New legislation is expected to be introduced as part of the 2015 Finance Bill.

HMRC Consultation – Direct Recovery of Debts

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新闻和见解— 劳务、年金和移民

事件 / Webinar: Addressing the legal and tax issues for employers for hybrid and remote working

28-09-2022 /

Homeworking and hybrid working have become 'the norm' following the pandemic. However, there are many legal and tax issues for employers to consider, as we move from working from home requirements during the pandemic, to choosing or being asked to work remotely, even for part of the week. This webinar addresses these issues and we are delighted to co-host it with Bath-based chartered accountants and tax advisors, Richardson Swift.

Webinar: Addressing the legal and tax issues for employers for hybrid and remote working

新闻 / Flexible working in 2022: What do employers need to know?

14-07-2022 /

Over the last few years, we have seen a vast amount of employees working from home, altering their hours and diverging away from the traditional working environment. Employees have become increasingly aware of their rights and in particular their rights in relation flexible working arrangements. The present climate of employees makes it essential for employers to know how to deal with flexible working requests and the criteria they need to consider.

Flexible working in 2022: What do employers need to know?

新闻 / Dan Crockford appointed as Head of Office for Ince (Bristol)

23-06-2022 / 保险

We are delighted to announce that Dan Crockford has recently been appointed as Head of Office for Ince (Bristol).

Dan Crockford appointed as Head of Office for Ince (Bristol)

新闻 / Ince receives 'Highly Commended' prize at AllAboutLaw Awards 2022

21-03-2022 /

We are pleased to share that we have been recognised for our early career opportunities and graduate recruitment practices at The AllAboutLaw Awards 2022.

Ince receives 'Highly Commended' prize at AllAboutLaw Awards 2022

新闻 / Environment, Social and Governance: what can businesses do to attract and retain talent?

24-02-2022 /

Investors have been scrutinising businesses not just on their financial performance but also on their record on the Environment, Social and Governance factors since the 1960s. However, the reach of ESG has widened significantly in recent years. It is now not just investors looking at a business’s ESG record but also customers, suppliers and, crucially, current and prospective employees.

Environment, Social and Governance: what can businesses do to attract and retain talent?

洞察力 / Busting common myths around Data Subject Access Requests

09-12-2021 /

Data subject access requests are often used by employees tactically when in dispute with their employer, for example to cause a nuisance or to obtain information earlier than the disclosure deadline set by the Tribunal. We have answered below some of the myths we see around these requests.

Busting common myths around Data Subject Access Requests

洞察力 / FAQs: UK government consultation on flexible working

10-11-2021 /

Flexible working is where an eligible employee agrees with their employer to permanently change their working pattern, hours or location. For example, they may request to work part-time, to work annualised hours, to work some days or hours from home or to change their working hours each day. This was originally just for those with childcare responsibilities but it was expanded to include all those who wanted to work flexibly.  Apart from those with childcare responsibilities, other requests to work flexibly were relatively rare, but recently we are seeing more of our employer clients receive flexible working requests following the COVID-19 pandemic.

FAQs: UK government consultation on flexible working

洞察力 / Two male employees dismissed to improve gender pay gap figures

01-11-2021 /

In the case of Mr C. Bayfield and Mr C. Jenner v Wunderman Thompson (UK) Limited and Others, an employer was found to have discriminated against two employees on the grounds of sex when it selected them for redundancy in an attempt to improve its gender pay gap figures.  

Two male employees dismissed to improve gender pay gap figures

新闻 / Supporting employee mental health and wellbeing in the workplace during a relationship breakdown

19-10-2021 /

One in four people will experience mental health issues in their lifetime. This can have a significant impact on a person’s life, including their wellbeing and performance in the workplace. In this article, Susan J Williams, Partner and Head of Family (Cardiff), explores the significant impact mental health can have on relationships, and its role as a cause and consequence of a relationship breakdown.

Supporting employee mental health and wellbeing in the workplace during a relationship breakdown

新闻 / New modern slavery offences sentencing guidelines published

12-08-2021 /

The Sentencing Guidelines Council has today published the first sentencing guidelines for offences under the Modern Slavery Act 2015 (MSA).

New modern slavery offences sentencing guidelines published

新闻 / Ince Senior Immigration Consultant Marta Mendiondo speaks to ABC on the EU Settlement Scheme deadline

02-07-2021 /

Our Senior Immigration Consultant, Marta Mendiondo, spoke to ABC, one of Spain’s biggest selling newspapers, regarding the deadline of the EU Settlement Scheme.

Ince Senior Immigration Consultant Marta Mendiondo speaks to ABC on the EU Settlement Scheme deadline

新闻 / EU Settlement Scheme: New guidance for excess absences and paper forms available to download online

16-06-2021 /

The Home Office has changed its approach to excess absences and will now admit periods exceeding 12 months for Covid-related reasons.

EU Settlement Scheme: New guidance for excess absences and paper forms available to download online

洞察力 / The Future of the UK post-Brexit/post-pandemic: Alan Platt

11-05-2021 /

Alan Platt, our Consultant Director of Immigration at Ince, runs you through some of the available immigration routes into the United Kingdom.

The Future of the UK post-Brexit/post-pandemic: Alan Platt

洞察力 / UK Immigration Route - Young Professionals Scheme

06-05-2021 /

The UK Government has recently announced a new immigration route, known as the Young Professionals Scheme. This scheme provides the opportunity for a significant number of young Indian professionals to work in the UK for up to two years.

UK Immigration Route - Young Professionals Scheme

新闻 / Your future in the UK post-Brexit and post-Covid 19: what you need to know

08-04-2021 / 房地产

Over the last twelve months, the United Kingdom (UK) like the rest of the world, has seen the COVID -19 pandemic impact hugely on our ability to travel freely, to relocate for business, work, investment and education. We now see some light at the end of the tunnel with the UK’s mass immunisation programme which has seen infection (and thankfully) mortality levels fall dramatically. This is finally giving people hope for the future, resulting in renewed interest in the UK as a safe place to live, to invest in, and as somewhere to educate their children.

Your future in the UK post-Brexit and post-Covid 19: what you need to know

洞察力 / Immigration update February 2021

22-02-2021 /

If you are considering that relocation or change of employment during lockdown, Ince has an established and experienced Immigration team who are ready to advise employers and private individuals on their United Kingdom and worldwide immigration, work permit, sponsor licence and nationality requirements.

Immigration update February 2021

洞察力 / Supreme Court finds Uber drivers were 'workers' in successful case

22-02-2021 /

A group of Uber drivers who made claims for National Minimum Wage and paid-holiday in the Employment Tribunal back in 2016 have been successful in their case at the Supreme Court. 

Supreme Court finds Uber drivers were 'workers' in successful case

洞察力 / Employment Tribunals: raising a grievance not a bar to constructive dismissal claim

02-02-2021 /

The Employment Appeal Tribunal recently held in the case of Charles Gordon v J & D Pierce (Contracts) Ltd that an employee had not affirmed (i.e. accepted) a breach of contract and could still claim constructive dismissal even though he did not resign immediately and instead raised a grievance.

Employment Tribunals: raising a grievance not a bar to constructive dismissal claim

洞察力 / Non-competes: The unreasonable case for reform

29-12-2020 /

For the second time in four years, a Conservative Government has begun consultation on ways to reform post-termination restrictions in employment contracts. I would urge anyone with an interest and experience to respond to the Government directly before the 26 February 2021 deadline.

Non-competes: The unreasonable case for reform

洞察力 / Brexit : Workers moving from EU countries must now get a visa

08-12-2020 /

The Tier 2 visa is replaced by the Skilled Worker visa but pubs, hotels and care homes, still reeling from Covid, could now struggle to fill vacancies.

Brexit : Workers moving from EU countries must now get a visa

洞察力 / FCA Confirms that Non-Financial Misconduct is, actually, Misconduct

24-11-2020 /

On 5 November the FCA banned three men convicted of sexual and (in one case) domestic violence offenses from working in the financial services sector ever again.

FCA Confirms that Non-Financial Misconduct is, actually, Misconduct

洞察力 / Anti-bullying week 2021 podcast series

16-11-2020 /

In this podcast series for anti-bullying week, Fiona Young, Consultant at Ince in Gibraltar explores the impact of bullying, understanding the bully, how to seek assistance and putting in place systems to eliminate bullying in the workplace.

Anti-bullying week 2021 podcast series

洞察力 / Lockdown part two in England: Furlough scheme extended

02-11-2020 /

With the announcement that England will go into a four-week lockdown from 5 November, the Treasury has confirmed that the Coronavirus Job Retention Scheme (aka the Furlough Scheme) which was due to end on 31 October will be extended until December.

Lockdown part two in England: Furlough scheme extended

洞察力 / Applying for the EU settlement scheme: the countdown has begun

21-10-2020 /

We are now in the final phase of the post-Brexit transitional period. From an immigration perspective, this means EEA citizens only have three months to establish their residence in order to be able to live and work in the UK.

Applying for the EU settlement scheme: the countdown has begun

洞察力 / The Chancellor of the Exchequer announces new Job Support Scheme for UK employers

25-09-2020 /

To protect the UK economy over winter, which he says will be a “difficult" one, the Chancellor of the Exchequer, Rishi Sunak, confirmed the end of the Coronavirus Job Retention Scheme yesterday.

The Chancellor of the Exchequer announces new Job Support Scheme for UK employers

洞察力 / Job Support Scheme to replace Coronavirus Job Retention Scheme from 1 November

25-09-2020 /

Yesterday, the Chancellor of the Exchequer Rishi Sunak announced the Treasury’s new Job Support Scheme, which will replace the Coronavirus Job Retention Scheme, also known as the 'Furlough Scheme', which will come to an end on 31 October.

Job Support Scheme to replace Coronavirus Job Retention Scheme from 1 November

洞察力 / Coronavirus Job Retention Scheme begins to wind down with changes from 1 September

02-09-2020 /

From 1 September 2020, employers making use of the Coronavirus Job Retention Scheme will need to contribute 10% of a furloughed employee’s salary.

Coronavirus Job Retention Scheme begins to wind down with changes from 1 September

洞察力 / UK Immigration route for British National Overseas Citizens (BNO) Resident in Hong Kong

10-08-2020 /

From January 2021 the United Kingdom Government has announced the opening of an immigration route leading to settlement and full British Citizenship for holders of British passports endorsed “British National Overseas” and resident in Hong Kong.

UK Immigration route for British National Overseas Citizens (BNO) Resident in Hong Kong

洞察力 / Consultancy in times of COVID

06-08-2020 /

The COVID-19 pandemic has, for the time being at least, changed the way that we live and work.

Consultancy in times of COVID

洞察力 / Coronavirus Job Retention Scheme £1k bonus for employers

16-07-2020 /

Employers will be able to claim a one-off bonus of £1,000 for each furloughed employee brought back to work if they are still employed on 31 January 2021. 

Coronavirus Job Retention Scheme £1k bonus for employers

新闻 / UK Residency and Citizenship Opportunity for Hong Kong Residents

02-07-2020 /

The UK Government has earlier this week announced the opportunity for residents in Hong Kong holding British National Overseas (BNO) passports and their dependants to be able to apply for residency in the United Kingdom, via an immigration route that will lead to permanent residency and full British Citizenship after a five year period.

UK Residency and Citizenship Opportunity for Hong Kong Residents

洞察力 / Q&A: Changes to Coronavirus Job Retention Scheme

29-06-2020 /

On 12 June, the government released new guidance together with a useful summary; providing further detail on how the Coronavirus Job Retention Scheme will change from 1 July.

Q&A: Changes to Coronavirus Job Retention Scheme

新闻 / Q&A: Returning to work and looking to the future in fashion and luxury retail

12-06-2020 /

On 15 June 2020, all non-essential retail, which includes fashion and luxury retail, is permitted to open for business, provided that safety guidelines are followed.

Q&A: Returning to work and looking to the future in fashion and luxury retail

新闻 / Redundancy and Covid-19: Dealing with consultation in lockdown

08-06-2020 /

It’s sadly inevitable that as the Coronavirus Job Retention Scheme begins to wind down, and employers across the UK emerge to a shrunken economy, but with pre-coronavirus wage bills, that redundancies on a significant scale are going to happen across the nation.

Redundancy and Covid-19: Dealing with consultation in lockdown

新闻 / EU Update – Settled and Pre-Settled Immigration Status in the UK

02-06-2020 /

The current COVID crisis is at the centre of most Home Office communications at the moment. At this time of uncertainty it is important that EEA citizens and their family members are aware that it is still mandatory to apply for status under the EU Settlement Scheme to retain the legal right to live and work in the UK. There have been no changes to the scheme’s deadline, which closes on 30 June 2021. Every EEA citizen, except Irish nationals, must apply to retain the right to reside in the UK, unless they already hold British citizenship.

EU Update – Settled and Pre-Settled Immigration Status in the UK

洞察力 / Statutory Sick Pay expanded as 'Test and Trace' system is launched

28-05-2020 /

Statutory Sick Pay entitlement has been expanded today; the same day as the new “Test and Trace” system begins in England.

Statutory Sick Pay expanded as 'Test and Trace' system is launched

洞察力 / New guidance and concessions for foreign nationals currently in the United Kingdom

26-05-2020 /

The UK Government has announced new guidance and concessions for those foreign nationals currently in the United Kingdom and with leave to remain that expires between 24 January 2020 and 31 July 2020. Your visa will be extended to 31 July 2020 if you cannot leave the UK because of travel restrictions or self-isolation related to coronavirus (COVID-19).

New guidance and concessions for foreign nationals currently in the United Kingdom

洞察力 / New rules for passengers entering the United Kingdom from 8 June

26-05-2020 /

The Home Office has announced new rules for passengers entering the United Kingdom from 8 June, which include the requirement to self-isolation for a fourteen day period following arrival. The Home Secretary Priti Patel has justified the introduction of this requirement at this time to protect the country from a second wave of COVID-19 cases, as it is envisaged that as the UK transitions from lockdown, the number of passengers arriving in the country will increase dramatically and increase the risk of transmission of the virus to the UK community.

New rules for passengers entering the United Kingdom from 8 June

洞察力 / Working Safely During Covid-19: New Guidance for Employers

15-05-2020 /

The recently published government guidance provides a framework to encourage the UK to return to work and for workplaces to operate as safely as possible.

Working Safely During Covid-19: New Guidance for Employers

洞察力 / Coronavirus and the workplace - what next?

11-05-2020 /

In order to assist businesses who taking steps to re-open after a period of closure or remote working as a result of the Coronavirus pandemic, we have set out some key guidance in the main areas where our clients are seeking advice.

Coronavirus and the workplace - what next?

新闻 / Biometric Residence Permit Update – those expiring on 31 December 2024

28-04-2020 /

The Home Office has now confirmed that they will introduce a new UK Format Biometric Residence Permit next year, which will more accurately reflect the period of leave granted to holders, or in the case of those granted indefinite leave to remain/enter, be granted for a standard ten year period (five year validity of those under eighteen). They have also confirmed that by early 2024, prior to currently issued Biometric Residence Permits expiring, the Home Office will publish details of how to apply for a free replacement Biometric Residence Permit, issued via the new guidelines set out above.

Biometric Residence Permit Update – those expiring on 31 December 2024

新闻 / Coronavirus Job Retention Scheme 20/04/2020

20-04-2020 /

On the 26 March 2020, the government published further guidance for the roll out of the Coronavirus Job Retention Scheme. This guidance was updated again on 4, 9, 15, 17 and 20 April 2020. A Direction to HMRC was also published by the Treasury on 15 April 2020.

Coronavirus Job Retention Scheme 20/04/2020

洞察力 / Update: Coronavirus Job Retention Scheme eligibility date changed to 19 March 2020

15-04-2020 /

In order for an employer to claim 80% of an employee’s wage costs up to £2,500 per month under the Coronavirus Job Retention Scheme the employee must have been placed on the PAYE payroll and notified to HMRC on an RTI submission on or before 19 March 2020. This is a change, announced by the Government today, from the previous eligibility date of 28 February 2020.  

Update: Coronavirus Job Retention Scheme eligibility date changed to 19 March 2020

新闻 / Immigration: Domestic Violence

09-04-2020 /

Domestic Violence is not something anyone should have to live with and certainly is not a reason to remain in an abusive relationship, if your visa depends on the relationship subsisting. Get out at an early stage and look for help and don’t be ashamed if the relationship is not working. Domestic violence does not have to be just about physical violence, it can be psychological pressure, financial manipulation, cruelty, controlling behaviour, isolation, third party pressure and exploitation.

Immigration: Domestic Violence

洞察力 / New right to Statutory Parental Bereavement Leave comes into force today

06-04-2020 /

From today, a new right to Statutory Parental Bereavement Leave will apply; by virtue of The Parental Bereavement (Leave and Pay) Act 2018. This leave entitles all parents to two weeks of bereavement leave, which has to be taken within 56 weeks of the child’s death. This right applies to employees from day one of employment.

New right to Statutory Parental Bereavement Leave comes into force today

洞察力 / IR35 and the Off Payroll Working Rules

31-03-2020 /

The IR35 rules were first introduced in 2000 in order to tackle a perceived tax avoidance scheme whereby individuals sought to save employee income tax and national insurance contributions by supplying their services through an intermediary and paying themselves in dividends.

IR35 and the Off Payroll Working Rules

新闻 / Coronavirus Job Retention Scheme

30-03-2020 /

On the 26 March 2020, the government published further guidance for the roll out of the Coronavirus Job Retention Scheme. While the objective of the scheme is to support employers whose operations have been severely affected by coronavirus (COVID-19), the scheme is also being utilised as a means of ensuring individuals are supported through this difficult time.

Coronavirus Job Retention Scheme

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新闻和见解— 银行及金融

新闻 / Cryptocurrency Fraud and Asset Tracing Legal Service of Documents through NFT - A Hong Kong Perspective

14-06-2022 / 科技、媒体与电信

In June 2022, LCX, a prominent centralised cryptocurrency exchange based in Liechtenstein, effected legal service upon anonymous hackers through the use of NFT.

Cryptocurrency Fraud and Asset Tracing Legal Service of Documents through NFT - A Hong Kong Perspective

新闻 / Marine Money London Ship Finance Forum 2022

12-04-2022 / 航运

We were delighted to be part of the Marine Money London Ship Finance Forum on 11 April 2022.

Marine Money London Ship Finance Forum 2022

洞察力 / Limited Partnership Funds

13-08-2021 /

Hong Kong has always been a robust hub for private equity and venture capital in Asia.

Limited Partnership Funds

洞察力 / Gibraltar announces a new legislative framework for Limited Partnerships, a key development of the jurisdiction’s funds legislation

28-10-2020 /

The Gibraltar Government has today announced the publishing this week of the Limited Partnerships Bill and Protected Cell Limited Partnerships Bill; key aspects in the modernisation and development of the jurisdiction's fund sector.

Gibraltar announces a new legislative framework for Limited Partnerships, a key development of the jurisdiction’s funds legislation

新闻 / Considerations of a financier in dealing with a problematic financing: A practical guide

26-05-2020 /

The coronavirus pandemic has presented unprecedented challenges to our clients, and leaves our clients uncertain as to what actions they can and are entitled to take to best protect their rights in a potential default situation. We are here to help our clients to analyse the situation so they can make an informed decision.

Considerations of a financier in dealing with a problematic financing: A practical guide

洞察力 / Covid-19 Economic Stimulus Measures: Too Much of a Good Thing?

19-05-2020 /

Over the past weeks, the UK has witnessed an unprecedented governmental response to counteract the impact of COVID-19 on the economy, from the furloughing scheme, which has now been extended to October, to the ever-expanding government-backed debt financing options. However, concern is mounting over the viability of debt financing as a solution in light of the scale of the challenge that business is confronted with. Last week saw growing discussion of the need for government intervention to support equity financing or other solutions to ensure the viability of businesses going forward.

Covid-19 Economic Stimulus Measures: Too Much of a Good Thing?

洞察力 / Covid-19 – Needs Must: Time to Use Administration to Rescue Companies?

15-05-2020 /

The COVID-19 crisis presents UK businesses with serious challenges, and in many cases will test their continuing viability. The government has set out an unprecedented range of supporting measures in order to assist business through this challenging period. Lockdown measures have in many cases reduced revenue significantly if not to zero in some industry sectors. As the lockdown measures are slowly rolled back the shape of the economic recovery will become apparent. Predictions range from a V to a lazy U shaped recovery. What is clear is that a raft of previously viable businesses will need continued assistance in order to ensure that they are able to continue to trade as the recovery develops.   

Covid-19 – Needs Must: Time to Use Administration to Rescue Companies?

洞察力 / Scottish Court sanctions the Premier Oil Scheme of Arrangement confirming the flexibility of the scheme of arrangement to implement novel restructuring solutions

12-05-2020 / 能源及基础设施

Successful creditor challenges to schemes of arrangement are incredibly rare, and ARCM’s challenge to Premier Oil’s scheme [1] has not bucked this trend. This scheme raised a broad range of issues which, subject to the outcome of the appeal, have been addressed to confirm the broad, flexible scope of the scheme of arrangement to implement creative restructuring solutions in the face of opposition from minority creditor groups. We provided an overview of the scheme of arrangement process and some of the issues raised by the Premier Oil scheme in our previous bulletins [2] .

Scottish Court sanctions the Premier Oil Scheme of Arrangement confirming the flexibility of the scheme of arrangement to implement novel restructuring solutions

新闻 / COVID-19 Economic Stimulus Measures: The Morning after the Night Before

11-05-2020 /

The nation spends this morning assessing yesterday evening’s ‘roadmap to reopening society’ announcement by the PM. While the government has revealed its proposal for the country’s first steps back to a new normal, it is clear that the process will be an incremental one. What is unclear is how normal this new normal will be.

COVID-19 Economic Stimulus Measures: The Morning after the Night Before

新闻 / Recent amendments to Chapter VI Regulation 2 of SOLAS - Cargo information

06-05-2020 / 航运

In a recent decision, the Hong Kong courts held that, as of 2009, it was not trade practice for shippers to weigh the container and cargo contents before loading it onto a vessel for carriage between Hong Kong and Guangzhou It may be that this would be the trade practice on other regional and global routes This ruling provides a timely reminder to the liner trade of changes to the law which will be in force in 2016

Recent amendments to Chapter VI Regulation 2 of SOLAS - Cargo information

新闻 / Covid-19 update on measures to support business: 43 Days Later…

04-05-2020 /

With the Prime Minister set to reveal the UK’s roadmap out of lockdown this week, there is a note of optimism in the air. However, the economic recovery will take some time yet, with Deloitte finding that CFOs of large UK companies expect their revenues to be 22% lower, on average, this year than estimated in their pre-COVID plans. This level of decline in CFO confidence is daunting as it represents the lowest ebb on record and is well below the level seen at the height of the 2008 financial crisis.

Covid-19 update on measures to support business: 43 Days Later…

新闻 / Covid -19: further government support under the Coronavirus Business Interruption Loan schemes

29-04-2020 /

In our update on 25 March 2020, we outlined the government’s newest stream of financial measures introduced in the wake of the novel Coronavirus; the Coronavirus Business Interruption Loan Scheme (“CBILS”).

Covid -19: further government support under the Coronavirus Business Interruption Loan schemes

新闻 / Locked Down, But Not Out (of the woods, yet)

27-04-2020 /

Another lockdown week is behind us. One during which much talk centred on how many more might lie ahead. While an exit strategy has stolen the recent corona limelight, the topic of economic assistance has remained a stalwart.

Locked Down, But Not Out (of the woods, yet)

新闻 / COVID-19: government backed debt finance options

25-03-2020 /

This Q&A considers the government’s newest stream of measures introduced to provide financial support to business struggling with the impact of Covid-19. Our focus in this article is on two new government backed funding schemes: the Covid Corporate Financing Facility (CCFF) and the Coronavirus Business Interruption Loan Scheme (CBILS). These schemes were made available to businesses as of 23 March 2020.

COVID-19: government backed debt finance options

新闻 / Considering solvency issues in light of the Coronavirus

05-03-2020 /

Both the supply and demand side of the economy are likely to undergo significant pressures as a result of the Coronavirus outbreak. Certain industry sectors are already being significantly disrupted, including aviation, shipping, tourism, retail and manufacturing; however, this list is likely to expand if the Coronavirus outbreak continues to worsen around the world. It will be important that businesses plan for this period of uncertainty and take the necessary steps to minimise the potential impact of a difficult trading environment.

Considering solvency issues in light of the Coronavirus

新闻 / Foreign investment into China

28-08-2018 / 保险

In November 2017, China announced an unprecedented reform to its financial sector whereby foreign ownership limits in the sector will be phased out. In April 2018, more details of the reform as well as their implementation timelines were published.

Foreign investment into China

新闻 / Foreign investors are permitted to operate loss adjusting business in China

12-07-2018 /

On 19 June 2018, China Banking and Insurance Regulation Commission (CBIRC) issued Notice on Permitting Foreign Investors to Operate Loss Adjusting Business in China (FILA Notice)

Foreign investors are permitted to operate loss adjusting business in China

新闻 / Foreign investors are now permitted to operate insurance agency business in China

11-07-2018 / 保险

On 19 June 2018, China Banking and Insurance Regulation Commission (CBIRC) issued Notice on Permitting Foreign Investors to Operate Insurance Agency Business in China (FIIA Notice)

Foreign investors are now permitted to operate insurance agency business in China

新闻 / Qatar Diplomatic Crisis

04-06-2018 / 航空和旅游, 商品与贸易, 能源及基础设施, 保险, 航运

Qatar Sanctions: the Anniversary 5 June 2018 marks the one year anniversary of “sanctions” against Qatar introduced by UAE, KSA, Bahrain, Egypt and a number of other nations.

Qatar Diplomatic Crisis

新闻 / China’s Opening-Up - Measures for the Administration of Foreign-Funded Securities Companies

01-06-2018 /

On 28 April 2018, Measures for the Administration of Foreign-Funded Securities Companies (the “New Measures for FFSCs”) was published and took effect. The New Measures for FFSCs are in place to cater for the opening up of the securities market to foreign investors, strengthening and improving the supervision and administration of foreign funded securities companies (“FFSCs”). They specify the conditions and procedures for the formation of FFSCs.

China’s Opening-Up - Measures for the Administration of Foreign-Funded Securities Companies

新闻 / China is Opening Up its Financial Sector – What are the key proposed changes and their implementation timelines?

23-05-2018 / 保险

During November 2017 China announced its reform to foreign investors in the financial sector. In April 2018 more detailed policy changes were published.

China is Opening Up its Financial Sector – What are the key proposed changes and their implementation timelines?

新闻 / China’s Opening-Up - Can foreign-funded insurance brokers now have the same business scope as Chinese-funded insurance brokers?

21-05-2018 / 保险

From 27 April 2018, foreign-funded insurance brokers can have the same business scope as Chinese-funded insurance brokers.

China’s Opening-Up - Can foreign-funded insurance brokers now have the same business scope as Chinese-funded insurance brokers?

新闻 / China's Opening-Up - Have the rules on market access by foreign-funded banks been relaxed?

21-05-2018 /

From 27 April 2018, foreign-funded insurance brokers can have the same business scope as Chinese-funded insurance brokers.

China's Opening-Up - Have the rules on market access by foreign-funded banks been relaxed?

新闻 / BHS Company Voluntary Arrangement – Landlord CVA win

16-04-2018 /

In a year fast becoming dubbed the “year of the CVA” in the retail sector, there was a cautionary tale for insolvency practitioners following the recent High Court judgment in Re SHB Realisations Ltd (formerly BHS ltd (in liquidation).

BHS Company Voluntary Arrangement – Landlord CVA win

新闻 / English High Court: purchase undertaking securing Sukuk is valid and enforceable under English law

16-04-2018 /

The English High Court’s decision in Dana Gas PJSC v Dana Gas Sukuk Ltd & Ors [2017] EWHC 2928 (Comm) issued in November 2017 (and updated in February 2018 following re-hearing) has alleviated some concerns about the robustness of the Islamic finance structures. It highlighted the fact that the Dana Gas saga in many ways is a beast of its own making (both from a sukuk structure and documentation perspectives), and when these risks are misunderstood, they are erroneously extended to Islamic financing as a whole. This case has raised important questions regarding the enforcement of security documentation in an Islamic finance transaction and whether non-compliance with Shari’ah principles is likely to make security documents unenforceable. This article discusses the approach taken by the High Court to these issues and the potential implications of the High Court’s judgment on Islamic finance transactions.

 English High Court: purchase undertaking securing Sukuk is valid and enforceable under English law

新闻 / New Hong Kong Companies Changes Update

12-03-2018 /

Under the amended Companies Ordinance, which became effective on 1 March 2018, companies incorporated in Hong Kong are required to identify persons who have significant control in the company ("significant controllers") and keep a register of such significant controllers ("SCR").

New Hong Kong Companies Changes  Update

新闻 / The VAT status of offshore companies in the United Arab Emirates

01-03-2018 /

The United Arab Emirates (UAE) implemented the Value Added Tax (“VAT”) on 1 January 2018 under Federal Decree No. 8 of 2017 on Value-added Tax (“VAT Law”). Further guidance as to application of the VAT Law was provided by the Executive Regulations promulgated by Federal Decree Number 52 of 2017 (“Executive Regulations”) and Cabinet Resolution No. 59 of 2017. Unfortunately none of these documents clarifies the VAT status of offshore companies established in free zones in the UAE, which is the subject of this article.

The VAT status of offshore companies in the United Arab Emirates

新闻 / Ince & Co France augments international transactional capability with partner promotion

08-01-2018 / 航空和旅游, 航运

Ince & Co is pleased to announce the promotion of Aymeric de Tapol to partner in its Paris office

Ince & Co France augments international transactional capability with partner promotion

新闻 / The retirement of LIBOR and your loan documentation

31-10-2017 /

As most readers will be aware, the Financial Conduct Authority (FCA) announced at the end of July that it will be supporting a transition from LIBOR to other benchmark rates by the end of 2021 Panel banks have been asked to continue to submit rates until this date so that the transition can be planned and executed smoothly Although UK and EU legislation gives the FCA the power to compel banks to make submissions, where necessary, the FCA has made clear it would prefer not to use these powers, but will if it has to

The retirement of LIBOR and your loan documentation

新闻 / Abu Dhabi Global Market Arbitration Centre Expected To Be Operational In Early 2018

02-08-2017 /

Abu Dhabi Global Market (ADGM), the UAE-based international financial free zone, has announced that its own Arbitration Centre is to be established by early 2018nbspThe ADGM was established pursuant to Abu Dhabi Law No 4 of 2013 as a free financial zone in the Emirate of Abu Dhabi with its own civil and commercial laws, including the Arbitration Regulations of 2015

Abu Dhabi Global Market Arbitration Centre Expected To Be Operational In Early 2018

新闻 / Qatar Q&A

07-07-2017 / 航空和旅游, 能源及基础设施

Since diplomatic ties were severed between the UAE and Qatar, we have received various queries regarding how this impacts our clients’ businesses. We have collated the most commonly asked questions and answers below, as well as some points to bear in mind, to provide a handy reference point as first port of call in case any queries relating to the Qatar situation arise.  Please note that, as this is a live situation, the information below is correct as of 5 July 2017. We will update this Q&A as and when needed.

Qatar Q&A

新闻 / Qatar: June update

06-06-2017 / 航空和旅游, 商品与贸易, 航运

On 5 June 2017, Bahrain, Saudi Arabia, the United Arab Emirates (UAE) and Egypt severed tied with Qatar and required the closure of land, sea and air borders Since then a number of other countries have also joined these states in adopting such measures The reason for these measures is stated to be the belief that Qatar has been supporting extremist groups and has not complied with the Riyadh Agreement of 2014

Qatar: June update

洞察力 / Brexit Updates

10-04-2017 / 商品与贸易, 能源及基础设施, 保险, 航运

On 8 December 2017, negotiators for the European Union and United Kingdom issued a joint report confirming that the parties have reached an agreement in principle across the following three areas under consideration, which together form the first phase of Brexit negotiations:

Brexit Updates

洞察力 / The EU27 set out their negotiating strategy for Brexit negotiations

07-04-2017 / 商品与贸易

On 29 March 2017, the UK sent a formal notice of withdrawal from the European Union by triggering the process envisaged by Article 50 of the Lisbon Treatynbsp

The EU27 set out their negotiating strategy for Brexit negotiations

新闻 / Arbitrability of lease agreements in the UAE

09-03-2017 /

Over the last few years the issue of the arbitrability of a real estate dispute has been hotly debated in the UAE courts and in the legal press The issue is obviously important to the parties who want to know whether they can submit a real estate dispute to arbitration, whether the arbitration clauses in their existing contracts will be upheld, and whether any of the awards that have been already issued are enforceable in the UAEnbsp

Arbitrability of lease agreements in the UAE

新闻 / Airline roster arrangements and collective bargaining

07-03-2017 / 航空和旅游

Do airline rostering arrangements fall within the scope of statutory collective bargaining This question was recently considered by the Court of Appeal in British Airline Pilots' Association v Jet2com Limited

Airline roster arrangements and collective bargaining

新闻 / New compensation limits in force from 6 April 2017

07-03-2017 /

It's time to get ready for the annual compensation increases which take effect from 6 April and make sure your redundancy calculations are correct The unfair dismissal limit just edges over 80,000 and we set out the main changes below for you to keep handy

New compensation limits in force from 6 April 2017

新闻 / One Belt One Road (OBOR)

27-10-2016 / 商品与贸易, 能源及基础设施, 航运

One Belt One Road (OBOR) is arguably the most ambitious and controversial capital and infrastructure project of the 21st century Led by the government in China this long term investment will involve 65 countries and impact 44 billion people

One Belt One Road (OBOR)

洞察力 / London real estate market still attractive to overseas investors following Brexit

09-08-2016 /

Overseas clients, especially from China, the wider Asia Pacific region and Russia, are increasingly taking the opportunity to invest in high quality property in London and locations within easy reach of the capital. Following Brexit, we have seen an increase in investment from overseas investors looking to invest in what they see as a discounted market helped by the drop in the value of the pound.

London real estate market still attractive to overseas investors following Brexit

洞察力 / Brexit begins What are the implications for your business

24-06-2016 / 商品与贸易, 能源及基础设施, 保险, 航运

On 23 June 2016, the UK electorate voted to leave the European Union by 51.9% to 48.1%. This will start a process with profound political, economic and social consequences for the UK and its neighbouring European countries. While some constitutional experts have expressed doubt that a Referendum vote is legally binding on a UK Government, there is no doubt that, politically, the present UK Government has no option but to respect the popular will and start the process for the UK to leave the EU. The 2016 Conservative Party leadership election occurred as a result of David Cameron's resignation as leader following the European Union Referendum. Theresa May won the contest on 11 July 2016 after the withdrawal of Andrea Leadsom left her as the sole candidate. She thus succeeded Cameron as leader of the Conservative Party and Prime Minister of the United Kingdom and immediately made sweeping changes to the cabinet. These changes included appointing a Brexit team led by David Davis as a new EU Exit Secretary, with Boris Johnson as Foreign Secretary and Liam Fox as International Trade Secretary. The high court has been told that Theresa May will not trigger article 50 of the Lisbon Treaty to initiate the UK’s departure from the European Union before the end of 2016. If Article 50 of the Lisbon Treaty is invoked in January 2017, the withdrawal negotiations are unlikely to be completed before January 2019. An extension to the two year period will have to be agreed by the remaining 27 EU Member States (by unanimity) and the UK.

Brexit begins What are the implications for your business

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