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14 April 2016
Issue: 7694 / Categories: Legal News
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Tax refuge loophole

A new register of companies’ beneficial owners won’t prevent “real owners” taking refuge, according to James Mather, of Serle Court.

The requirement on English companies and LLPs to hold a register of “people with significant control” came into force on 6 April. The government hopes the register will reveal the reality of who owns a company, regardless of the paperwork. Obscure company ownership structures can facilitate tax evasion, money laundering and other wrongdoings.

Writing in NLJ this week, however, Mather points out that people will still be able to hide behind offshore trust structures due to a number of flaws in the new rules: “In a significant loophole, corporate trustees—which will be the norm in the offshore arrangements of interest to the authorities and third parties—are not explicitly catered for.”

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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