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ASA ruling against Coral – “Have another go” and socially irresponsible gambling
How careful do you have to be when advertising repeat gambling?
Read moreCAP issues advice notice on the marketing of gambling on eSports on social media
How do gambling operators stay on the right side of the advertising rules when creating marketing for gambling on eSports on social media?
Read moreCourts reach a landing on the test for jurisdiction over co-defendants
The court can only assert jurisdiction over an EU domiciled co-defendant under Article 8(1) of the Recast Brussels Regulation if the claim against the anchor defendant is sustainable.
Read moreTax Bites - August 2020
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreRoyal Bank of Canada – Canadian bank liable to pay UK tax on assigned oil royalties
In Royal Bank of Canada v HMRC [2020] UKFTT 267 (TC) the First-tier Tribunal (FTT) held that a Canadian bank was subject to UK tax on royalties assigned to it following its oil company creditor entering receivership.
Read moreCalculating fair value – is it really fair?
The difficulties in determining what is meant by the phrase "fair value" have been highlighted by a recent decision of the Privy Council in the case of Shanda Games Ltd v Maso Capital Investments Ltd.
Read moreWhere there's a will there's a remote possibility of a way
In the face of the global COVID-19 pandemic the government has acted to change the law to allow wills to be witnessed remotely.
Read moreA look at the Lloyd's Market Association
Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests.
Read moreTaxing Matters: HMRC ramps up use of Account Freezing and Forfeiture orders
Welcome to the second episode of our Taxing Matters podcast. In this series we review land-mark cases and key tax developments and discuss the commercial impact they could have on your business.
Read moreRoundup of ASA guidance on advertising responsibly in relation to COVID-19
Retailers seeking to reference the Covid-19 pandemic in their advertising should be aware of the Advertising Standards Authority’s (ASA) recent guidance and robust enforcement activity in this area.
Read moreReturn of the MAC (clauses) and practical steps for the retail world
The Covid-19 crisis is putting Material Adverse Change (or material adverse effect) (MAC) clauses back in the spotlight, none more so than in the world of retail.
Read moreForce majeure in a retail context in light of COVID-19
In general commercial contracts, force majeure clauses can often be overlooked as standard ‘boilerplate’ with little negotiation between the parties. Covid-19 and the disruption caused to businesses has highlighted how important these clauses can be for all types of commercial agreements and we anticipate that there will be significant focus on force majeure wording going forwards.
Read moreConsumers return to retail. The retail story in China…where are things now?
Globally, the retail sector has been heavily impacted by Covid-19. As the epicentre for the outbreak of the virus in January 2020. China is now one of the first economies showing signs of recovery, and retailers are looking to understand the pattern there, in order to help predict how retail will recover (and how long it will take to do so) following enforced store closures and restrictions on people’s daily lives.
Read moreThe summer of discontent?
What comes to mind when you hear the word "summer"? The unbridled joy of no more school for 6 whole weeks? Buckets, spades and wind-swept beaches? Perhaps the call of a sun-soaked tropical island? For most, summer means taking some time out to recharge and switch off.
Read moreLivestream shopping: making platform partnerships a success
Livestream shopping is a live shopping event – think QVC - hosted by a brand on its own, or a third party website/mobile app. Usually, a celebrity, social media influencer or brand worker demonstrates a product and answers questions from a digital audience in real-time. Viewers are able to immediately purchase the item from an embedded link online. Just like presenters on QVC, livestreaming hosts sell a wide range of products, from apparel and cosmetics to electronics and even cars. In China, live streaming is a wildly popular way to shop, with the market worth an estimated US$63bn to its economy in 2019. (but the technology is starting to catch on in the US and UK too). The first major livestream shopping player emerged in China in 2016 when Alibaba first launched Taobao Live. Since then, platforms like Tmall, Douyin or Xiaohongshu have become key Chinese e-commerce sites and saw a big spike in demand during lockdown as shoppers were forced to shop from home
Read moreRetail returns in light of COVID-19
Many retail businesses have reopened/are preparing to reopen as the Covid-19 lockdown eases. Whilst retailers hope that sales will surge as consumers rush to the shops that they have been unable to visit since March, some fear that a large percentage of transactions will be returns of goods purchased pre-lockdown.
Read moreStores in focus; reopenings, safety and single use (plastic) setback
With stores reopened, retailers face an unprecedented operational challenge in delivering the retail experience.
Read moreFurlough fraud and Government clawback: managing the risk
HMRC has the right to go back up to five years when considering businesses’ (including retailers’) records relating to the Coronavirus Job Retention Scheme (the “furlough scheme”) and will be able to clawback funds which have been claimed in error, or fraudulently, under new powers contained in the Finance Bill 2020, which is expected to become law in the latter half of 2020.
Read moreCyber_Bytes - Issue 19
Welcome to Cyber_Bytes, a round up of key developments in cyber, tech and evolving risks over the last two weeks.
Read moreFurlough forecast: What kind of employment law claims are on the horizon?
As retail workforces continue to be re-organised, what kind of employment claims could be brought by employees in the coming months, in light of the Coronavirus Job Retention Scheme (or furlough scheme) and what can you do in anticipation?
Read moreTemporary COVID-19 measures in respect of AGMs and other general meetings
The Corporate Insolvency and Governance Act 2020 (CIGA), which came into force on 26 June 2020, provides temporary measures which enable companies to comply with their legal requirements on holding annual general meetings (AGMs) and other meetings whilst still respecting social distancing legislation and guidance.
Read moreUK Government introduces “suspension” of wrongful trading provisions
In March 2020, Business Secretary Alok Sharma announced that provisions on wrongful trading would be suspended. The move came as part of a wider package of measures that sought to provide assistance to businesses – and their beleaguered boards – experiencing financial distress due to Covid-19. Now set out in the Corporate Insolvency and Governance Act 2020 (CIGA), which was passed on 26 June 2020, the provisions adapt the wrongful trading regime making directors’ liability for the “relevant period” unlikely.
Read moreCorporate Insolvency and Governance Act – Supplier Terms
On 26 June 2020 the Corporate Insolvency and Governance Act (CIGA) came into force. The CIGA has made both permanent and short-term changes to the insolvency regime in response to the coronavirus pandemic and its consequences.
Read moreV@ update - July 2020
Welcome to RPC's V@, a monthly update on developments in the VAT world that may impact your business.
Read moreBritish Gymnastics lands well in trade mark infringement proceedings
The national governing body (NGB) for Gymnastics in Britain has succeeded in trade mark infringement and passing off proceedings against an organisation using the sign “UK Gymnastics”, in a Judgment which is likely to assist several Sport England and UK Sport-funded NGBs. In particular, it shows how to deal with organisations using signs which suggest they are an NGB (when they are not).
Read moreRPC Sports Ticker (29 July 2020) – Cyber Security, Lions in South Africa and Lululemon
Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.
Read moreCorporate Tax update - July 2020
Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team. This month’s update reports on some of the key developments from June 2020. Included in this update are a summary of a decision on the correct tax treatment of bonuses paid to members of an LLP, and an AG’s opinion on the VAT reverse charge position of services supplied for non-economic activity purposes. There’s also an update on HMRC guidance on “exceptional” circumstances in which anticipated losses can be used to claim back overpaid corporation tax. Finally, this update also reports on Covid-19 driven extensions to DAC6 reporting deadlines and to deadlines for notifying VAT options to tax. As ever we hope you, your family and friends are all staying safe.
Read moreJJ Management – Court of Appeal confirms HMRC can conduct informal enquiries
In JJ Management Consulting LLP v HMRC [2020] EWCA Civ 784, the Court of Appeal confirmed that it is within HMRC's powers to assess tax following informal enquiries without the need for HMRC to give notice under section 9A, Taxes Management Act 1970 (TMA).
Read moreD&O – the irrelevance of the Corporate Insolvency and Governance Act
The Corporate Insolvency and Governance Act ("the Act") came into expedited effect on 26 June 2020 and is intended to maximise the chance of corporate survival and reduce the threat of personal liability on directors during this unprecedented economic crisis.
Read moreRetail Compass Summer edition 2020
Welcome to the Summer 2020 edition of Retail Compass – our guide to key upcoming legal and policy changes affecting Retail and our thoughts on the need-to-know issues.
Read moreReform of audit industry: it's time to split
Audit has been the subject of intense scrutiny over the past few years in the wake of a series of high-profile business collapses such as Carillion, Patisserie Valerie and Thomas Cook in the UK and, more recently, Wirecard in Germany, and there is no shortage of calls for reform of the audit industry.
Read moreBusiness interruption update
In the wake of the government lockdowns across the globe and as restrictions begin to be eased in some countries, RPC has accessed a number of pre-eminent insurance practices in the major claims centres to swap notes on some of the key legislative developments to date in their respective jurisdictions and any recent cases of interest.
Read moreDrafting Formulae – the power of worked examples
This blog considers a recent decision in which the High Court interpreted that worked examples took priority over narrative drafting, where the two were inconsistent.
Read moreSega’s early win against Man Utd in Football Manager trade mark case
As first published by leading sports law resource LawInSport, Jeremy Drew and Samuel Coppard discuss Man United’s trade mark infringement proceedings against Sega and Sports Interactive in relation to Football Manager.
Read moreTax incentives for HK Insurance market
First proposed in December last year, the Hong Kong Legislative Council has now passed a measure that will reduce profits tax on several insurance businesses.
Read moreInternational risk team: The future at Lloyd’s
At the end of last year Lloyd’s published its Blueprint One, another instalment in the Future at Lloyd’s initiative. Blueprint One is a strategic document which maps out the ways in which the Corporation intends to combine data, technology and new ways of working in order to revolutionise the Lloyd’s market. The proposals are wide ranging and touch upon all facets of business at Lloyd’s, from risk placement through to claim payment, along with initiatives for attracting more capital and the development of new products.
Read moreTougher sentences proposed for counterfeiters
On 8 July 2020, the Sentencing Council issued draft Sentencing Guidelines for offences under section 92 of the Trade Marks Act 1994 (unauthorised use of trade mark) which, if implemented, will substantially increase the severity of potential sentences imposed by the courts on those individuals and corporations who have committed a section 92 offence.
Read moreW&I Insurance: The rise of synthetic warranties?
Warranty and indemnity (W&I) insurers are seeking innovative ways to service the M&A market in a Covid-19 pandemic induced downturn. This article discusses the potential uses for W&I insurance policies with synthetic aspects in meeting the market's current needs.
Read moreOrders for pre-action disclosure – exceptional in a commercial context?
Although parties are expected to exchange key documents before starting proceedings in the English court, a recent decision in the Commercial Court highlights the limited nature of those obligations, particularly in a commercial context.
Read moreSheiling - Belief in procedural invalidity of APN can constitute reasonable excuse
In Sheiling Properties Ltd v HMRC [2020] UKUT 175 (TCC), the Upper Tribunal (UT), in dismissing an appeal against penalties for non-payment of accelerated payment notices (APNs), confirmed that a reasonable belief that the APNs were invalid could constitute a reasonable excuse for non-payment.
Read moreRPC Bites #13
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 moreReproduction of infringing content online: who's liable?
Keyword advertising, search engine optimisation and liability for infringement via online marketplaces: In recent years, there has been a plethora of cases concerning the various ways that trade marks may be infringed, through use on the internet.
Read moreReproduction of infringing content online: who's liable?
Keyword advertising, search engine optimisation and liability for infringement via online marketplaces: In recent years, there has been a plethora of cases concerning the various ways that trade marks may be infringed, through use on the internet.
Read moreTaxing Matters: Furlough Fraud
Welcome to the inaugural episode of our Taxing Matters podcast. In this series we review land-mark cases and key tax developments and discuss the commercial impact they could have on your business.
Read moreSchrems II – Groundhog Day for Data Transfers
On Thursday 16 July, the Court of Justice of the European Union (“CJEU”) delivered its judgment in one of the most highly anticipated court cases in data protection, Case C-311/18 Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (widely referred to as “Schrems II”). This decision came almost 8 months after Advocate General Saugmandsgaard Øe published his Opinion, which albeit not binding, provided a strong indication for the CJEU's judgment.
Read moreSports Ticker 17 - Man City, British Gymnastics and Varnish
Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.
Read moreEl Dorado in the Commercial Court: Domestic Law, Foreign Law and Foreign Relations
Why is a dispute between Mr Nicolás Maduro and Mr Juan Guaidó as the rival contenders to the Presidency of Venezuela being heard by the English Commercial Court? The answer involves US$1 billion of gold reserves held at the Bank of England and who has the authority to deal with them.
Read moreIt's good to talk
A successful party has been declined some of its costs on the basis of an unreasonable refusal to engage in mediation. Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Aviva.
Read moreIs your OEE cover under control?
This month marked the 32nd anniversary of the devastating fire and explosion which destroyed the Piper Alpha platform in the UK sector of the North Sea. The event remains one of the largest ever offshore catastrophes, tragically claiming 167 lives.
Read more