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Legal Terms - deceptive behavior by tax agents
A tax agent, broadly defined, who engages in dishonest conduct aimed at causing a loss of tax revenue may receive a Conduct Notice, which, upon confirmation by a tax tribunal, can result in a fine of up to £50,000 or a prison sentence of two years (Finance Act 2012 sch 38). In R v Ghosh [1982] EWCA Crim 2, the court determined that the term “dishonest” should be assessed “according to the ordinary standards of reasonable and honest individuals.” A tax tribunal determined that a taxpayer exhibited fraudulent behavior by reallocating funds to obscure them from HM Revenue and Customs (Townend v R & C Commrs [2016] UKFTT 276, TC).
A tax agent, broadly defined, who engages in dishonest conduct aimed at causing a loss of tax revenue may receive a Conduct Notice, which, upon confirmation by a tax tribunal, can result in a fine of up to £50,000 or a prison sentence of two years (Finance Act 2012 sch 38). In R v Ghosh [1982] EWCA Crim 2, the court determined that the term “dishonest” should be assessed “according to the ordinary standards of reasonable and honest individuals.” A tax tribunal determined that a taxpayer exhibited fraudulent behavior by reallocating funds to obscure them from HM Revenue and Customs (Townend v R & C Commrs [2016] UKFTT 276, TC).
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Legal Terms - Dishonesty
n. A component of culpability in theft, abstracting electricity, fraud, handling stolen goods, and certain other offenses. To get a conviction for such offenses, the magistrates or jury must be convinced (i) that the actions were dishonest according to the common norms of honest and reasonable individuals, and (ii) that the defendant was aware of this at the time (R v Ghosh [1982] QB 1053 (CA)). The second component of the Ghosh test (the “subjective aspect”: did the accused recognize that his conduct was dishonest by conventional standards?) The ruling in Ivey v Genting Casinos (UK) Ltd [2017] UKSC 67, [2018] AC 391 has now put doubt upon it.
n. A component of culpability in theft, abstracting electricity, fraud, handling stolen goods, and certain other offenses. To get a conviction for such offenses, the magistrates or jury must be convinced (i) that the actions were dishonest according to the common norms of honest and reasonable individuals, and (ii) that the defendant was aware of this at the time (R v Ghosh [1982] QB 1053 (CA)). The second component of the Ghosh test (the “subjective aspect”: did the accused recognize that his conduct was dishonest by conventional standards?) The ruling in Ivey v Genting Casinos (UK) Ltd [2017] UKSC 67, [2018] AC 391 has now put doubt upon it.
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Legal Terms - dishonour
(in commercial law) Non-fulfillment of a bill of exchange. This may occur through nonacceptance, when a bill of exchange is presented for acceptance and such acceptance is denied or unattainable (or when presentment for acceptance is excused and the bill remains unaccepted); or through nonpayment, when the bill is presented for payment and payment is denied or unattainable (or when presentment is excused and the bill is overdue and unpaid). In all instances, the holder possesses an immediate right of appeal against the drawer and endorsers; however, international bills that have been dishonored must first undergo protest.
(in commercial law) Non-fulfillment of a bill of exchange. This may occur through nonacceptance, when a bill of exchange is presented for acceptance and such acceptance is denied or unattainable (or when presentment for acceptance is excused and the bill remains unaccepted); or through nonpayment, when the bill is presented for payment and payment is denied or unattainable (or when presentment is excused and the bill is overdue and unpaid). In all instances, the holder possesses an immediate right of appeal against the drawer and endorsers; however, international bills that have been dishonored must first undergo protest.
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Legal Terms – dismissal
(in employment law) The employer's dismissal of an employee's contract of employment. An employer typically terminates an employee's contract by providing the requisite notice time; however, dismissal without notice may be warranted under specific conditions, such as summary dismissal for serious misbehavior. The non-renewal of a fixed-term employment contract by an employer constitutes dismissal, albeit it may not be subject to legal action. An employee with the requisite length of service may petition an employment tribunal for unjust dismissal, which can result in an order for reinstatement, re-engagement, or compensation. An employee terminated due to redundancy after two years of continuous service is entitled to a redundancy payout under the service Rights Act 1996. An employee terminated without proper notice (or before to the expiration of their fixed-term contract) may also file a claim. compensation awarded in legal proceedings for wrongful termination.
(in employment law) The employer's dismissal of an employee's contract of employment. An employer typically terminates an employee's contract by providing the requisite notice time; however, dismissal without notice may be warranted under specific conditions, such as summary dismissal for serious misbehavior. The non-renewal of a fixed-term employment contract by an employer constitutes dismissal, albeit it may not be subject to legal action. An employee with the requisite length of service may petition an employment tribunal for unjust dismissal, which can result in an order for reinstatement, re-engagement, or compensation. An employee terminated due to redundancy after two years of continuous service is entitled to a redundancy payout under the service Rights Act 1996. An employee terminated without proper notice (or before to the expiration of their fixed-term contract) may also file a claim. compensation awarded in legal proceedings for wrongful termination.
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Legal Terms - dismissal of action
In civil litigation, the dismissal of a claim in favor of the defendant. The court may issue an order to dismiss a claim upon an application for summary judgment pursuant to Part 24 of the Civil Procedure Rules.
In civil litigation, the dismissal of a claim in favor of the defendant. The court may issue an order to dismiss a claim upon an application for summary judgment pursuant to Part 24 of the Civil Procedure Rules.
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Legal Terms - dismissal procedures
In a *unfair dismissal suit, the *employment tribunal must evaluate whether the employer not only presents a reason for the firing as enumerated in the Employment Rights Act 1996 but also acted reasonably (fairly) in deeming that reason sufficient for dismissal. A crucial aspect of assessing the fairness of a dismissal is determining whether the employer adhered to a just procedure. This may entail, when applicable, a warning, a hearing, and the option for an appeal. The *Advisory Conciliation and Arbitration Service (ACAS) Code of Practice on Discipline and Grievance Policy delineates the procedures an employer should adhere to in order to ensure equitable conduct. If either party fails to adhere to the Code, the tribunal may modify any granted compensation.
In a *unfair dismissal suit, the *employment tribunal must evaluate whether the employer not only presents a reason for the firing as enumerated in the Employment Rights Act 1996 but also acted reasonably (fairly) in deeming that reason sufficient for dismissal. A crucial aspect of assessing the fairness of a dismissal is determining whether the employer adhered to a just procedure. This may entail, when applicable, a warning, a hearing, and the option for an appeal. The *Advisory Conciliation and Arbitration Service (ACAS) Code of Practice on Discipline and Grievance Policy delineates the procedures an employer should adhere to in order to ensure equitable conduct. If either party fails to adhere to the Code, the tribunal may modify any granted compensation.
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Legal Terms - disorderly house
A brothel or a venue that hosts performances or exhibitions likely to corrupt, deprave, and offend common decency. Maintaining an untidy residence constitutes a common law misdemeanour (R v Tan [1983] QB 1053).
A brothel or a venue that hosts performances or exhibitions likely to corrupt, deprave, and offend common decency. Maintaining an untidy residence constitutes a common law misdemeanour (R v Tan [1983] QB 1053).
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Legal Terms - Disposal
While capital gains tax (CGT) is imposed upon the disposal of an asset, legislation does not provide a definition for disposal. The receipt of a capital payment concerning an asset may be regarded as a disposal for the purposes of Capital Gains Tax (Taxation of Chargeable Gains Act 1992 § 22). When an asset is conveyed to trustees, a disposal occurs regardless of the settlor.
The sole individual authorized to receive capital from the trust is identified (Re Paradise Motor Company Ltd [1968] 1 WLR 1125 (CA)). Conversely, a CGT disposal does not occur when an asset is conveyed to a nominee (Taxation of Chargeable Gains Act 1992 § 60). Death is not regarded as a means of asset disposal (despite revaluation), nor is the transfer of an asset from personal representatives to the beneficiary under a will or intestacy.
A disposal under an unconditional contract occurs at the time the contract is executed, whereas a disposal under a conditional contract transpires upon the fulfillment of the specified condition.
A distinction may exist between the individual executing the disposal and the individual accountable for the tax obligation. In Jerome v Kelly [2004] UKHL 25, [2004] STC 887, the disposition was executed by an individual who subsequently assigned his interest to trustees; the House of Lords determined that the tax burden was incurred by the trustees, rather than the individual who executed the sale.
Specific events are classified as disposals for Capital Gains Tax (CGT) purposes, resulting in a capital gain. This encompasses the demise of a life tenant of a trust and the vesting of a beneficial interest in property upon a beneficiary attaining the age stipulated in the trust deed.
While capital gains tax (CGT) is imposed upon the disposal of an asset, legislation does not provide a definition for disposal. The receipt of a capital payment concerning an asset may be regarded as a disposal for the purposes of Capital Gains Tax (Taxation of Chargeable Gains Act 1992 § 22). When an asset is conveyed to trustees, a disposal occurs regardless of the settlor.
The sole individual authorized to receive capital from the trust is identified (Re Paradise Motor Company Ltd [1968] 1 WLR 1125 (CA)). Conversely, a CGT disposal does not occur when an asset is conveyed to a nominee (Taxation of Chargeable Gains Act 1992 § 60). Death is not regarded as a means of asset disposal (despite revaluation), nor is the transfer of an asset from personal representatives to the beneficiary under a will or intestacy.
A disposal under an unconditional contract occurs at the time the contract is executed, whereas a disposal under a conditional contract transpires upon the fulfillment of the specified condition.
A distinction may exist between the individual executing the disposal and the individual accountable for the tax obligation. In Jerome v Kelly [2004] UKHL 25, [2004] STC 887, the disposition was executed by an individual who subsequently assigned his interest to trustees; the House of Lords determined that the tax burden was incurred by the trustees, rather than the individual who executed the sale.
Specific events are classified as disposals for Capital Gains Tax (CGT) purposes, resulting in a capital gain. This encompasses the demise of a life tenant of a trust and the vesting of a beneficial interest in property upon a beneficiary attaining the age stipulated in the trust deed.
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Legal Terms - disposal of uncollected goods
The sale of goods by a bailee, who possesses or controls them, occurs when the bailor fails to fulfill a commitment to retrieve them (see to BAILMENT). If the original contract does not mandate the bailor to retrieve the goods, the bailee may impose this requirement by providing notice. The pertinent statutory requirements in the Torts (Interference with Goods) Act 1977 establish conditions regarding the notification of the bailee's plan to sell, thereby affording the bailor a reasonable time to retrieve the goods. The bailee must employ the most effective sales strategy and must remit to the bailor the selling proceeds, deducting any amounts owed prior to notifying the intention to sell. A judge may permit a sale by a bailee.
The sale of goods by a bailee, who possesses or controls them, occurs when the bailor fails to fulfill a commitment to retrieve them (see to BAILMENT). If the original contract does not mandate the bailor to retrieve the goods, the bailee may impose this requirement by providing notice. The pertinent statutory requirements in the Torts (Interference with Goods) Act 1977 establish conditions regarding the notification of the bailee's plan to sell, thereby affording the bailor a reasonable time to retrieve the goods. The bailee must employ the most effective sales strategy and must remit to the bailor the selling proceeds, deducting any amounts owed prior to notifying the intention to sell. A judge may permit a sale by a bailee.
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Legal Terms -Disposition
1. (in land law) The conveyance of property through an action by its owner, such as sale, gift, testament, or exchange. 2. (in the law of evidence) The propensity of an individual (particularly the accused) to behave in a specific manner.
1. (in land law) The conveyance of property through an action by its owner, such as sale, gift, testament, or exchange. 2. (in the law of evidence) The propensity of an individual (particularly the accused) to behave in a specific manner.
