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V@ update - May 2020
Welcome to the first edition of RPC's V@, an update on developments in the VAT world that may impact your business.
Read moreProduct Law bulletin – June 2020
Welcome to the latest edition of our product law update, this month we focus on how COVID-19 is impacting product liability regulation.
Read moreMinority shareholder oppression and the proper plaintiff rule – it gets personal
Section 216 of the Companies Act (Cap. 50) affords protection for minority shareholders where their interests are oppressed by the manner in which the company’s affairs are being conducted or by how the directors’ powers are being exercised.
Read moreTax Bites - June 2020
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreA look at Lloyd's of London
Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests. This episode we look at Lloyd's of London, who they are and why they are such a key part of the global insurance industry. Our guest this week is Elliot Maule, Senior Programme & Marketing Manager at Lloyd's.
Read moreInternational risk team: The potential and perils of offshore wind
A recent report by the IEA(1) has laid bare the impact of the COVID-19 pandemic on the energy industry. Demand for coal and oil plummeted as entire countries and industries went into lockdown in the first quarter of 2020. Renewable energy, however, bucked the trend and actually saw demand increase, primarily due to larger installed capacity and priority dispatch.
Read moreSnapshots Spring 2020
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreInvestec - Court of Appeal confirms partnership contributions not deductible
In Investec Asset Finance Plc and Another v HMRC [2020] EWCA Civ 579, the Court of Appeal has held that partnership contributions were non-deductible, but has upheld the 'no double taxation' principle and prevented HMRC from introducing arguments not previously relied upon.
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Gender stereotyping and the use of one gender in an ad
ASA ruling against PC Specialist
Read moreInfluencer marketing, alcohol and youthful looks
ASA ruling on Sazerac UK Ltd t/a Southern Comfort
Read moreNew CAP/CMA Guidance: #Ad(vice) for Influencers
What should influencers do to avoid falling foul of the Committee of Advertising Practice’s (CAP’s) standards on labelling ads?
Read moreOnline Affiliate Marketing: New CAP advice note
What should brands do to ensure that their affiliate marketing complies with the CAP Code?
Read moreNew EU Consumer Protection Co-operation Regulation comes into force
What does the revised EU Consumer Protection Cooperation Regulation (CPC) mean for traders and consumers?
Read moreEuropean Commission proposal for new Digital Services Act
What’s in the European Commission’s proposal for a new Digital Services Act (DSA)?
Read moreOnline Harms White Paper: consultation response
What has been the Government's response to the initial consultation on the Online Harms White Paper (White Paper)?
Read moreCJEU's CCTV ruling: guidance on legitimate interests processing
Case C-708/18 TK v Asociaţia de Proprietari bloc M5A-ScaraA EU:C:2019:1064
Read moreEPDB guidelines: Data Protection by Design and by Default
How familiar are you with the obligations in the GDPR to protect personal data by design and default (DPbDD)? And what practical measures can you take to help ensure compliance?
Read moreSchrems II - Advocate General's Opinion
Case C-311/18 Data Protection Commissioner v Facebook Ireland Ltd
Read moreICO issues monetary penalty notice against Cathay Pacific for data breach
When is the ICO likely to impose its maximum fine for a data breach?
Read moreICO monetary penalty notice against DSG Retail Ltd for data breach
What factors did the ICO take into account when issuing the maximum £500,000 penalty (under the old Data Protection Act) against DSG for a data security breach relating to its Point of Sale (POS) payment terminals?
Read moreAdtech and the data protection debate - where next?
How has the discussion surrounding the regulation of real-time bidding (RTB) evolved since the publishing of the ICO’s Adtech Update Report last June?
Read moreICO consults on new direct marketing code of practice
What is new about the ICO’s proposed new Direct Marketing Code of Practice (the New Code)?
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Copyright: Works of artistic craftsmanship and Cofemel
Response Clothing Limited v The Edinburgh Woollen Mill Limited
Read moreMinisterial statement in response to Law Commission report on electronic execution of documents
How has the government responded to the Law Commission report on electronic execution of documents?
Read moreLegal advice privilege: dominant purpose
Court of Appeal (Civil Aviation Authority v R Jet2. Com Ltd [2020] EWCA Civ 35)
Read moreAcquisitions: clause in SPA construed as a covenant to pay, not an indemnity
When will a clause be considered a covenant to pay as opposed to an indemnity?
Read moreGood faith; contractual discretion
Morley (t/a Morley Estates) v Royal Bank of Scotland Plc [2020] EWHC 88 (Ch)
Read moreTales from COVID: Insurance in the time of coronavirus - Bankruptcy and insolvency
In conjunction with our US alliance partners, Hinshaw and Culbertson LLP, we have produced a series of 'informal chats' with the title 'Tales from Covid: Insurance in the Time of Coronavirus'.
Read moreLuxury and online marketplaces - the next chapter (Coty v Amazon)
On 2 April 2020, the CJEU ruled that storing infringing goods on behalf of a third-party seller, without knowing that those goods infringe trade mark rights does not constitute infringement, provided that the storing party does not pursue the aim of offering the goods for sale or putting them on the market.
Read moreCyber bytes - Issue 15
Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.
Read moreCOVID-19: The Dairy Sector and Welsh health services granted temporary UK competition law exemptions and the European Commission issues first 'Comfort Letter' to Pharmaceutical Manufacturers
The UK Government has granted a temporary competition law exemption for certain collaboration within the dairy sector and Welsh health services and the European Commission has published its first 'comfort letter' to allow co-operation to ensure supplies of medicines for COVID-19 patients.
Read moreInsurance special purpose vehicles - the wheels of change in motion
On 22 May 2020 the PRA published updates to its approach to the authorisation and supervision of insurance special purpose vehicles (ISPVs).
Read moreTales from COVID: Insurance in the time of coronavirus - Event cancellation
In conjunction with our US alliance partners, Hinshaw and Culbertson LLP, we have produced a series of 'informal chats' with the title 'Tales from Covid: Insurance in the Time of Coronavirus'.
Read moreRPC Bites #9
Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!
Read moreLockdown inspections: Guidance from the RICS
The RICS has issued two sets of guidance to its members focusing on physical inspections. The guidance builds on the most recent government advice regarding appropriate conduct and the timetable for lifting restrictions.
Read moreThe commission omission? English High Court balances text and context in contractual interpretation
English law's flexible, rational, yet stable approach to contractual interpretation has been demonstrated again in Clark Street Associates v Norsk Titanium(1), a decision concerning commission payments.
Read moreCoronavirus – a bumpy road ahead for D&O
Globally, insurers are waiting to see how COVID-19 related exposures will impact their respective D&O books. RPC has accessed a number of pre-eminent insurance practices in the major claims centres to swap notes on the possible D&O exposures in their respective jurisdictions and how they envisage insurers might act in response.
Read moreTales from COVID: Insurance in the time of coronavirus - Business interruption
In conjunction with our US alliance partners, Hinshaw and Culbertson LLP, we have produced a series of 'informal chats' with the title 'Tales from Covid: Insurance in the Time of Coronavirus'.
Read moreGame Match - Football referees held not to be employed for tax purposes – the final whistle for HMRC?
In Professional Game Match Officials Limited v HMRC [2020] UKUT 147 (TCC), the Upper Tribunal (UT) confirmed that certain football referees and other match day officials were not employees of Professional Game Match Officials Ltd (PGMOL) and accordingly it did not have tax and NICs liabilities in respect of the officials in question.
Read moreCustoms and excise quarterly update May 2020
In this update we report on (1) temporary changes to customs authorisations during the coronavirus outbreak; (2) the government's plans to introduce 10 new freeports; and (3) a new liability for carrying out an operation or dilution on wine. We also comment on three recent cases relating to (1) refusal of permission to appeal an excise duty assessment out of time; (2) the customs classification of mobility scooters; and (3) liability to pay excise duty in relation to the movement of dutiable goods under a suspension regime.
Read moreDraft Fatal Accidents Act 1976 (Remedial) Order 2020: Second Report
On 18 May 2020, the commons Human Rights Committee published their second report on the reforms proposed to bereavement damages available in the UK.
Read moreCyber bytes - Issue 14
Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.
Read moreHong Kong Courts – Closing the GAP
The general adjourned period (GAP), during which the courts in Hong Kong were closed save for urgent and essential court business, started on 29 January 2020 with the early onset of COVID-19 in Hong Kong.
Read moreSports Ticker 13 – eSports, St Andrews and EFL salary caps
Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.
Read moreUpdate on the FCA's review of Defined Benefit transfer advice
The FCA has been looking to improve the quality of pension transfer advice for some time now. However, despite the crackdown on defined benefit transfers being announced as a strategic priority earlier this year, it appears that factors, such as Covid-19 have put the FCA's investigations into advice suitability on the back foot – for now, at least.
Read moreTo perform or not to perform? When tendering performance means actual performance
A consultant was alleged to be in material breach of a consultancy contract for refusing to supply his services. He responded to a notice of material breach by stating that he was willing to perform. However, the Court of Appeal held that this was insufficient to remedy the breach (Bains v Arunvill Capital Limited and others)(1).
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