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Sports Ticker (22 April 2022) - Lamborghini esports team, World Rugby red card and Victoria 2026 Commonwealth Games - a speed-read of commercial updates from the sports world
In a fortnight which saw Victoria win the bid to host the 2026 Commonwealth Games, we feature updates from the Masters, the launch of Lamborghini's esports team, alleged breaches of FFP regulations by Manchester City and proposals to introduce 20-minute red cards by World Rugby.
Read moreInterim injunctions and competing public interests (Attorney General v BBC)
In Her Majesty's Attorney General for England and Wales v British Broadcasting Corporation [2022] EWHC 826 (QB), an interim injunction has been granted in favour of the Attorney General (AG) to restrain the BBC from broadcasting the identity and image of an alleged covert human intelligence source for MI5 (known only as ‘X’) who is accused of being abusive to two former partners and using his position with MI5 to terrorise and control one of the women. The injunction was granted on the basis that, while it "represented a very significant interference with the right of the BBC to freedom of expression and the correlative right of the public to receive the information the BBC wishes to publish" [23], such a measure was necessary in order to prevent a real and immediate risk to X’s life or safety, as well as the potential wider impact of publication on national security.
Read moreRPC Bites #46 – new rules on advertising alcohol free drinks pending, Portman Group issues guidance for hard seltzer labels and a taxing finding for flapjacks
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 moreCourt of Appeal holds that Quincecare duty can arise in principle where customer gives instructions in authorised push payment fraud
The Court of Appeal has clarified in Philipp v Barclays Bank UK Plc [2022] EWCA Civ 318 that the Quincecare duty, which requires a bank to refrain from acting on a payment instruction and to make inquiries when it is on notice of a serious possibility of fraud, can arise for a bank even where it is the customer themselves giving instructions to pay money out of their account to a fraudster.
Read moreA look at climate insurance (With Richard Matsui)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Richard Matsui, Co-founder of kWh Analytics, and they will be discussing the insurance of renewable energy sources with a particular focus on solar power.
Read moreA look at climate insurance (With Richard Matsui)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Richard Matsui, Co-founder of kWh Analytics, and they will be discussing the insurance of renewable energy sources with a particular focus on solar power.
Read moreTaxpayer successfully appeals information notices as information requested not reasonably required
Allowing an appeal against HMRC's information notices, the First-tier Tribunal in Yerou and another v HMRC [2022] UKFTT 79 (TC), found that the information was not reasonably required.
Read more'Big Plastic' is an emerging climate risk and a ticking time-bomb for litigation
The tangible commitment to plastics regulation and action will likely trigger a new wave of plastics-related litigation.
Read more'Big Plastic' is an emerging climate risk and a ticking time-bomb for litigation
The tangible commitment to plastics regulation and action will likely trigger a new wave of plastics-related litigation.
Read morePLC QTRLY - Q1 2022
Post-Covid and post-Brexit changes are on the horizon for the UK's public companies. This is the first of our regular updates to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.
Read moreTax Tribunal dismisses third party application for disclosure of documents
In Cider of Sweden Ltd v HMRC and another [2022] UKFTT 00076 (TC), the First-tier Tribunal (FTT) dismissed an application by Ernst & Young LLP (EY) for disclosure of documents which related to appeal proceedings before the FTT between Cider of Sweden Ltd (CSL) and HMRC.
Read moreSupreme Court rules that solicitor's equitable lien was valid even though no proceedings were issued
An equitable lien allows solicitors involved in litigation to deduct their fees before paying compensation to their client and if the paying party deliberately bypasses the solicitor, they may be liable to pay any unrecoverable fees. The Supreme Court has re-confirmed that a solicitor benefits from this equitable lien when they are instructed to make a claim even if proceedings have not been issued and it is not anticipated that the claim will be disputed.
Read moreTake 10 #21
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreWonder Woman v Wonder Mum
The UK High Court has rejected an appeal by DC Comics (Partnership) (DC), owner of the 'WONDER WOMAN' trade mark, which sought to overturn a decision by the UK IPO to permit the registration of the mark 'WONDER MUM' by Unilever Global IP Ltd (Unilever).
Read moreAmended Digital Services Act adopted by European Parliament
How will the European Parliament’s proposed amendments to the Digital Services Act affect consumers?
Read moreOfcom guidance on advertising on video-sharing platforms
What do operators of video-sharing platforms (VSPs) need to do to stay compliant with Ofcom’s guidance for advertising on their platforms?
Read moreCMA secures changes to Xbox auto-renewal practices
How far do Microsoft’s latest undertakings to the Competition and Markets Authority (CMA) signal a need for all businesses to improve transparency and controls on automatically renewing subscriptions?
Read moreUK government announces the launch of an AI standards hub
What does the new artificial intelligence (AI) standards hub mean for businesses seeking to develop AI technologies?
Read moreJoint Committee publishes recommendations on the Online Safety Bill
What recommendations have been made by the Joint Committee on the Online Safety Bill and how are these likely to affect service providers?
Read moreEuropean Commission publishes guidance on price promotions under the Omnibus Directive
How should businesses interpret the pricing practices regulations that form part of the Omnibus Directive?
Read moreImportant Court of Appeal clarity on the operation of s1(4) of the Civil Liability (Contribution) Act 1978
A recent Court of Appeal decision (in which RPC acted for the successful barrister Appellant) provides important clarification on the operation of section 1(4) of the Civil Liability (Contribution) Act 1978 (“the Act”). Although the matter concerned a contribution claim by a solicitor against a barrister brought pursuant to the Act, the decision is of wider relevance/application for litigation practitioners and the Insurance market.
Read morePrivy Council widens law on freezing injunctions in "ground-breaking" exposition of the law
In Broad Idea International Ltd v Convoy Collateral Ltd / Convoy Collateral Ltd v Cho Kwai Chee [2021] UKPC 24, the Privy Council handed down a judgment which set new juridical boundaries for the law of freezing injunctions. Rejecting the long-established position in The Siskina, the panel of judges confirmed that a court's injunctive power extends to the grant of freezing orders where (i) there are no relevant domestic proceedings in prospect and (ii) the sole purpose of the order is to aid enforcement in foreign proceedings.
Read moreEWS1 update
A joint statement made by The Royal Institution of Chartered Surveyors ('RICS') and six major lenders has clarified the position of the lender and valuation industries with regard to fire safety remedial works and mortgage lending.
Read moreDoes the Economic Crime Act really have teeth?
In March 2022, the Economic Crime Transparency and Enforcement Act came into force after it was fast-tracked through Parliament in response to urgent calls for the UK's economic crime laws to be tightened.
Read moreSports Ticker (8 April 2022) - Gucci x Grealish, The Boat Race returns and CAP's new rules for gambling ads - a speed-read of commercial updates from the sports world
In a fortnight which saw Medvedev attempt to overtake Djokovic as the men's world no.1 in tennis, we feature various F1 announcements, the ECB's and Sky Sports' multi-year broadcast agreement, the return of the Boat Race 2022 and Grealish's Gucci deal. We also take a look at CAP's introduction of tough new rules for gambling ads.
Read moreThe Week That Was - 8 April 2022
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreCourt of Appeal draws distinction between claims for recovery of tax and restitution for tax paid out fraudulently
In Skatteforvaltningen v Solo Capital Partners,(1) the Court of Appeal investigated in detail the operation of rule 3(1) of Dicey, Morris & Collins on the Conflict of Laws (edition 15) (Dicey rule 3), which provides that English courts do not have jurisdiction over actions for "the enforcement, either directly or indirectly, of a penal, revenue, or other public law of a foreign State". The Court decided that the Danish tax authority's claim did not fall within Dicey rule 3 as it concerned the restitution of monies misappropriated by fraud rather than enforcement of tax.
Read moreGovernment White Paper on corporate transparency and Companies House reform
On 28 February 2022, ahead of the introduction of legislation, the Government published a "White Paper" outlining its proposals for changes to the way in which Companies House operates, aimed at increasing transparency of UK corporate entities and developing the role and powers of Companies House.
Read moreTax Bites - April 2022
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreThe obligation to provide tribunal documents to journalists
In Guardian News & Media Ltd v Rozanov and EFG Private Bank Ltd [2022] EAT 12, the Employment Appeal Tribunal (EAT) set out some useful guidance on the correct approach to third- party documentation requests, including where a request is made by a journalist for skeleton arguments, witness statements and documents referred to in the judgment.
Read moreTribunal confirms TV presenter not subject to IR35 rules
IR35 does not apply where a significant number of factors make it clear that a presenter "was in business on his own account".
Read moreWhat if the CEO asks me about…Corporate Criminal Liability and its potential reforms?
In the words of Spiderman's Uncle Ben (or Aunt May if you've seen the latest film...) with great power comes great responsibility. Corporations have all the power that comes with being a 'legal person' but equally are responsible for wielding this power within the confines of the law.
Read moreRetail Compass Spring Edition 2022
Welcome to the Spring edition of Retail Compass, where we guide you through the key legal and policy changes affecting retail and consumer brands and provide our thoughts on those crucial, need-to-know issues.
Read moreRegulatory update - March 2022
Welcome to the March edition of the Regulatory update, which pulls together recent developments from across the UK’s regulators to help you navigate the regulatory maze.
Read moreCompeting opt-out claims refused certification in CAT's FX decision
Since the first opt-out certification last summer in Merricks, a steady stream of collective claims has been certified by the CAT. There have now been four opt-out certifications with many more applications in the wings. Last week's FX decision is the CAT's first certification refusal following Merricks.
Read moreHong Kong – General adjournment of court proceedings given severity of “5th Wave” of COVID-19
Given the severity of the “5th Wave” of the pandemic in Hong Kong, on 4 March 2022 the judiciary announced another “general adjournment of proceedings”; this time to run from 7 March to 11 April 2022.
Read moreThe Week That Was - 1 April 2022
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreRICS Article Series – Article 2
In this series of articles, we explain the procedure for disciplinary investigations against chartered surveyors.
Read moreFCA consultation on British Steel redress scheme published
The FCA has now published its consultation paper on the proposed redress scheme for British Steel Pension transfers under s.404 of FSMA. The scope of this is wider than anticipated and the proposals contain some surprises around the lack of an opt-in process and potential involvement of FOS.
Read moreRPC Bites #45 - Waitrose concerned by Asda's 'Just Essentials' range, HFSS restrictions potentially delayed further and the end of free-range eggs (for now)
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 moreLawyers Covered - March 2022
Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.
Read moreLawyers Covered - March 2022
Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.
Read moreV@ update - March 2022
Welcome to the March 2022 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.
Read moreNo judicial review for FOS defined benefit transfer case
The High Court has rejected an application for permission for judicial review in a number of FOS complaints upheld against the adviser who advised on a defined benefit pension transfer. The adviser had advised on the transfer but not the subsequent investments made after the transfer. The adviser was led to believe that UCIS investments would not be made with the transferred funds but in fact UCIS investments were made. The FOS found that the adviser had given unsuitable pension transfer advice partly on the basis that it should have asked more questions about the ultimate investments and it was not enough to have provided for a general spread of investment type. Permission for judicial review was rejected on the basis that there was nothing unlawful in the FOS decisions including the fact that the adviser was held responsible for 100% of the losses despite the involvement of the separate adviser that advised on the investments following the transfer.
Read moreMoney Mirror Issue 1 - March 2022
Welcome to Money Mirror, RPC's new Payments & Consumer Credit publication. In our 1st edition, we take a look at interesting developments in these markets - operational resilience, Buy Now Pay Later, crypto advertising and access to cash.
Read moreFinancial Crime Time - Your update from RPC: 2022 Q1
Welcome to the latest edition of our round-up of news making the headlines in the world of financial crime and compliance. Our aim is to give you an easily digestible, bite-sized overview of issues that may affect your business.
Read moreTribunal confirms that certain studies and project management costs relating to offshore windfarms qualify in part for capital allowances
The First-tier Tribunal has confirmed that certain studies and project management costs relating to offshore windfarms qualify in part for capital allowances.
Read more50th episode special - A judges view of insurance (With Sir Bernard Rix)
Welcome to a special episode of Insurance Covered, celebrating our 50th episode. In this episode Peter interviews Sir Bernard Rix discussing his career as a barrister and a judge, focusing on the judgements he made that impacted the insurance industry.
Read moreGin-uine use? The UKIPO concludes yes, despite limited evidence and variances between the trade mark as registered and as used
The UK Intellectual Property Office (UKIPO) has rejected an application by Inver House Distillers for the revocation of a competitor's trade mark. The mark in question is owned by Destileras M.G., S.L and Importaciones y Exportaciones Varma, S.A (the Proprietors) and consists of a 2D image of a distinctively shaped bottle, featuring the 'Master's logo' and a lion device (the Master's Mark). The decision was reached on the basis that the Proprietors had successfully demonstrated genuine use of their mark, in the UK.
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