Critical Accounting Estimates and JudgementsStrategy Performance Governance FinancialsThe <strong>Group</strong> makes estimates and assumptions regarding the future. Estimates and judgements are continually evaluatedbased on historical experience, and other factors, including expectations of future events that are believed to be reasonableunder the circumstances.In the future, actual experience may deviate from these estimates and assumptions. The estimates and assumptions thathave a significant risk of causing a material adjustment to the carrying amounts of assets and liabilities within the currentfinancial year are discussed below.Legal Proceedings and DisputesIn accordance with IFRS, the <strong>Group</strong> recognises liabilities where there is a present obligation from a past event, a transferof economic benefits is probable and the amount of costs of the transfer can be reliably estimated. In such instances aprovision is calculated and recorded in the financial statements. In instances where these criteria are not met, a contingentliability may be disclosed in the notes to the financial statements.A contingent liability is a possible obligation arising from past events and whose existence will be confirmed only by theoccurrence or non-occurrence of one or more uncertain future events not wholly within the control of the <strong>Group</strong>; or a presentobligation arising from past events that is not recognised in the financial statements because it is not probable that anoutflow of resources embodying economic benefits will be required to settle the obligation, or because the amount of theobligation cannot be measured with sufficient reliability.Realisation of any contingent liabilities not currently recognised or disclosed in the financial statements could have a materialeffect on the <strong>Group</strong>’s financial condition.As required under purchase accounting, claims and contingencies acquired by the <strong>Group</strong> through the purchase of otherbusinesses are recorded initially at fair value. Future changes to these estimates of fair value are required to be reflected inthe income statement and could have a material effect on the <strong>Group</strong>’s results and financial condition.Application of these accounting principles to legal proceedings and disputes, including cases in which claimants are seekingdamages for alleged smoking and health-related effects, is inherently difficult, given the complex nature of the facts and lawinvolved. Deciding whether or not to provide for loss in connection with such claims requires the <strong>Group</strong>’s management tomake determinations about various factual and legal matters beyond its control.The <strong>Group</strong> reviews outstanding legal cases following developments in the legal proceedings at each balance sheet date,in order to assess the need for provisions in its financial statements. Among the factors considered in making decisions onprovisions are the nature of the litigation, claim or assessment; the legal processes and potential level of damages in thejurisdiction in which the litigation, claim or assessment has been brought; the progress of the case (including progress afterthe date of the financial statements but before those statements are issued); the opinions or views of legal counsel and otheradvisers; experience of similar cases and any decision of the <strong>Group</strong>’s management as to how it will respond to the litigation,claim or assessment.To the extent that the <strong>Group</strong>’s determinations at any time do not reflect subsequent developments or the eventual outcomeof any claim, its future financial statements may be materially affected, with an adverse impact upon the <strong>Group</strong>’s operatingprofit, financial position and liquidity.The <strong>Group</strong> is currently involved in a number of legal cases in which claimants are seeking damages for alleged smokingand health-related effects. In the opinion of the <strong>Group</strong>’s lawyers, the <strong>Group</strong> has meritorious defences to these actions,all of which are being vigorously contested. Although it is not possible to predict the outcome of the pending litigation,the Directors believe that the pending actions will not have a material adverse effect upon the revenue, profit or financialcondition of the <strong>Group</strong>. Consequently, in respect of any such cases, the <strong>Group</strong> has not provided for any amounts in theconsolidated financial statements.In 2003 the Office of Fair Trading (OFT) commenced an investigation under the Competition Act 1998 into the operation ofthe UK tobacco supply industry in the period from 2000 to 2003. In a decision dated 15 April <strong>2010</strong>, the OFT concluded thatcertain of the <strong>Group</strong>’s promotional arrangements with tobacco retailers had the object of restricting competition and imposeda fine of £112.3 million on the <strong>Group</strong>. At the same time it confirmed that two other allegations included in its 2008 statementof objections had been dropped.The <strong>Group</strong> takes compliance with competition law very seriously and continues to reject any suggestion that it actedin breach of the Competition Act or in any way contrary to the interests of consumers. On 15 June <strong>2010</strong> the <strong>Group</strong>submitted an appeal to the Competition Appeal Tribunal against the OFT’s findings of infringement and the level of the fine.Five tobacco retailers have also submitted appeals against the OFT’s decision. The Competition Appeal Tribunal mayuphold, quash or vary the OFT’s decision or the fine that has been imposed. As part of its appeal the <strong>Group</strong> has askedfor the fine to be quashed in its entirety. Consequently, the <strong>Group</strong> has not provided for any amount in the consolidatedfinancial statements.110
Property, Plant and Equipment and Intangible AssetsIntangible assets (other than goodwill, the Davidoff cigarette trademark and certain premium cigar trademarks) and property,plant and equipment are amortised or depreciated over their useful lives. Useful lives are based on management’s estimatesof the period over which the assets will generate revenue, and are periodically reviewed for continued appropriateness.Due to the long lives of certain assets, changes to the estimates used can result in significant variations in the carrying value.The <strong>Group</strong> assesses the impairment of property, plant and equipment and intangible assets subject to amortisation ordepreciation whenever events or changes in circumstances indicate that the carrying value may not be recoverable.Factors considered important that could trigger an impairment review include the following:––significant underperformance relative to historical or projected future operating results;––significant changes in the manner of the use of the acquired assets or the strategy for the overall business; and––significant negative industry or economic trends.Additionally, goodwill arising on acquisitions and indefinite lived assets are subject to impairment review. The <strong>Group</strong>’smanagement undertakes an impairment review annually or more frequently if events or changes in circumstances indicatethat the carrying value may not be recoverable. When it is determined that there is an indicator that the carrying value maynot be recoverable, impairment is measured based on estimates of the recoverable amount of the underlying assets of thecash-generating unit.The complexity of the estimation process and issues related to the assumptions, risks and uncertainties inherent in theapplication of the <strong>Group</strong>’s accounting estimates in relation to property, plant and equipment and intangible assets affectthe amounts <strong>report</strong>ed in the financial statements, especially the estimates of the expected useful economic lives andthe carrying values of those assets. If business conditions were different, or if different assumptions were used in theapplication of this and other accounting estimates, it is likely that materially different amounts could be <strong>report</strong>ed in the<strong>Group</strong>’s financial statements.See notes 9 and 10 to these financial statements.Retirement BenefitsThe costs, assets and liabilities of the defined benefit retirement schemes operating within the <strong>Group</strong> are determined usingmethods relying on actuarial estimates and assumptions. Details of the key assumptions are set out in note 18. The <strong>Group</strong>takes advice from independent actuaries relating to the appropriateness of the assumptions. It is important to note, however,that comparatively small changes in the assumptions used may have a significant effect on the <strong>Group</strong>’s financial statements.We estimate that a 0.5 per cent increase/(decrease) in the discount rate would increase/(decrease) the IAS 19 pensionexpense by approximately £1 million. We estimate that a 0.5 per cent decrease/(increase) in the expected return on planassets would increase/(decrease) the IAS 19 pension expense by approximately £14 million.Income TaxesThe <strong>Group</strong> is subject to income tax in numerous jurisdictions and significant judgement is required in determining theprovision for tax. There are many transactions and calculations for which the ultimate tax determination is uncertain.The <strong>Group</strong> recognises provisions for tax based on estimates of the taxes that are likely to become due. Where the finaltax outcome is different from the amounts that were initially recorded, such differences will impact the current income taxand deferred tax provisions in the period in which such determination is made.111