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Court of Appeal enforces fraudster’s claim against lawyers
In Stoffel & Co v Maria Grondona the Court of Appeal applied Lord Toulson’s judgment in Patel v Mirza to permit a fraudulent mortgagor to enforce her claim against her conveyancing solicitors. There may though be stronger grounds for the defence in other claims against professionals.
Read moreThe Latin American challenge – a London market perspective
If the London market wants to maintain its leadership in the region, London reinsurers need to look at ways to improve direct communication with local players.
Read moreRelief for Skilled Persons as the Court of Appeal rules they are not amenable to judicial review
In what circumstances might skilled persons appointed under FSMA be subject to judicial review? The Court of Appeal recently explored the vulnerability of skilled persons to judicial review and dismissed an application for judicial review against KPMG, acting as a skilled person on behalf of Barclays Bank, as it found the framework in which KPMG operated was not sufficient to bring it into the public law arena.
Read moreSFC Disciplinary Action – Customer/Personal Data
On 20 September 2018, the Securities and Futures Commission (“SFC”) banned an individual named Ngo Wing Chun from re-entering the industry for 12 months (the “Decision”) for having taken the personal data of approximately 995 customers from his employer and emailed it to his personal email. The evidence showed that none of the information had been disclosed to any third parties.
Read moreTax update October 2018
In this month’s update we report on HMRC’s Spotlight 45 on umbrella company avoidance schemes, an update to HMRC’s Venture Capital Schemes Manual; and call for evidence on HMRC powers.
Read moreESMA renews restrictions on CFDs and binary options
The European Securities and Markets Authority (ESMA) has decided to renew intervention measures, which restrict the sale of contracts for difference (CFDs) and binary options to retail investors, for a further three months.
Read moreNewton – Tribunal confirms that "statutory records" should be narrowly construed
In Newton v HMRC [2018] UKFTT 513 (TC), the First-tier Tribunal (FTT) has held that, due to the lack of taxpayer appeal rights, the definition of "statutory records" for the purpose of an information notice issued pursuant to Schedule 36, Finance Act 2008 (FA 2008), must be construed narrowly.
Read moreHealth and safety update September 2018
Welcome to the latest edition of our health and safety update where we look at the health and safety stories that have recently hit the headlines as well as the latest fines and sentences that have been handed down.
Read moreCJEU proves even easy copyright cases make bad law
Commentary on the recent CJEU decision in Renckhoff C-161/17 about the communication to the public right.
Read moreForce Majeure – specificity is vital – Seadrill v Tullow
Force majeure clauses in contracts must be clear on the events that can excuse a party from fulfilling its obligations. Inability to perform under the contract must be wholly caused by that event. So said the High Court in the case of Seadrill Ghana Operations Ltd v Tullow Ghana Ltd.
Read moreVAT update September 2018
In this month’s update we report on the ECON committee’s amendments to the European Commission’s proposal for simplification of VAT for SMEs, the government’s technical note on the impact on VAT in the event of a no-deal Brexit; and Revenue and Customs Brief 6 (2018) on VAT exemption for all domestic service charges.
Read moreHigh Court warns directors to get match fit for new reporting regulations
It is understandable that directors might be reluctant to seek legal advice – be it due to concern about time or cost or a potential conflict of interest if seeking advice internally. However, as a recent case demonstrates, this is a small price to pay to avoid the time and financial cost of a claim, especially when a company's subsequent precarious financial position shines a light on an officer's behaviour and competence.
Read moreSnapshots - Autumn 2018
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreOnline advertising to tackle copyright infringement and counterfeit good
How is industry responding to the threat of advertising on websites and apps which infringe copyright or disseminate counterfeit goods?
Read moreEU takes on the power of online intermediate services
What steps is the EU taking in response to concerns over the growth in power of online intermediation services?
Read moreASA ruling on prize promotions: Highland Spring
What information must be made available to prospective participants of a prize promotion in order to avoid unnecessary disappointment?
Read moreTaking on the ticket touts - Ticket sales regulations 2018
What are the new rules banning the automated purchasing of tickets in the UK for reselling at a higher price?
Read moreASA ruling on significant information: I Can Have It Ltd
Is including significant information on a competition landing page enough? Or do you need to include this information in an individual competition listing? And how clear do you have to be if there is no closing date about how a competition is administered and the potential length of each competition?
Read moreFairly administering a prize promotion: Walkers Snacks Ltd t/a Quaker Oats
What steps are needed for a prize promotion to be fairly administered in accordance with the terms and conditions of the promotion?
Read moreInfluencer disclosures: remember #ad! – Daniel Wellington
What disclosures need to be made in influencer marketing to ensure ads are easily identifiable?
Read moreRestriction on "political advertising" – Saudi Centre for International Communication
Read moreGambling acts of "particular appeal" to children
How easy is it for gambling websites to stray into creating content which is of "particular appeal" to children and therefore banned under the CAP Code?
Read moreAmazon Prime's "one day delivery" service misleading
Will a 'One-Day Delivery' claim be misleading if not all products under the relevant service are delivered the next day?
Read moreASA HFSS ruling on Cadbury's Easter promotion
When engaging influencers to promote a high in fat, salt or sugar (HFSS) product, how can advertisers ensure that they will not be promoting their product to children?
Read moreYahoo! fined for failure to implement intra-group processing agreement
With the arrival of the GDPR, the focus on third party data processing agreements and ensuring they have the relevant controls in place has never been more intense. But how much do businesses need to focus on their intra-group processing agreements?
Read moreMedia reporting restricted after Sir Cliff Richard decision
In what instances can journalists name the suspect of a police investigation? Do such suspects have a "reasonable expectation of privacy"?
Read moreEuropean Parliament calls for suspension of Privacy Shield
Is the EU-US Privacy Shield in danger?
Read moreNike LDNR campaign sunk by trademark infringement
How careful do you need to be when utilising third party trade marks in advertising campaigns?
Read moreSprint Electric Ltd v Buyer's Dream Ltd and another
How does the use of personal services companies affect IP ownership?
Read moreEuropean Parliament approves draft Directive on Copyright
What is the current status of the draft Directive on Copyright in the Digital Single Market?
Read moreZoella and Nutella - HFSS products and children
When engaging influencers to promote a high in fat, salt or sugar (HFSS) product, how can advertisers help ensure that they will not be promoting this product to children?
Read moreExpion: No valid determination of penalties by HMRC
In Expion Silverstone Ltd v HMRC [2018] UKFTT 0460 (TC), the First-tier Tribunal (FTT) has held that no valid determination was made by an officer of the board under section 100, Taxes Management Act 1970 (TMA), in respect of penalties issued following the failure to file Employment Intermediaries returns.
Read moreNon-reliance clauses under UCTA
Is a non-reliance statement subject to section 3 of the Misrepresentation Act 1967 and therefore also subject to the reasonableness test contained in the Unfair Contract Terms Act 1977 (UCTA)?
Read moreTees Esk & Wear Valleys NHS Foundation Trust v Three Valleys Healthcare Ltd
How much detail must be included within a notice for it to be valid?
Read moreBou-Simon v BGC Brokers LP
When implying terms into a commercial contract, does the court look to what is fair or to the express terms agreed by the parties?
Read moreExclusion clauses under UCTA
Will an exclusion clause which excludes any claim for negligence stand up to the UCTA reasonableness test?
Read moreProposed legislation looks to prohibit or restrict the assignment of receivables
How might the Government’s proposed legislation regarding business contract terms prohibit or restrict the assignment of receivables under commercial agreements?
Read moreRelying on force majeure to terminate a contract
In which circumstances can you rely on a force majeure clause to terminate an agreement?
Read more＜連載コラム・欧州Ｍ＆Ａ最前線＞2018年７月
日本と違いロンドンでは気候が変わり、全般的にずいぶんと涼しくなった。この夏は長く異例の暑さったが、Ｍ＆Ａ市場もそれに負けない熱気を帯びた。当社各部門も多忙を極め、今なお次々とＭ＆Ａや投資の取引が成立している。今のところ、この活況は夏が終わっても続きそうな勢いだ。（ナイジェル・コリンズ／Ｍ＆Ａ専門弁護士）
Read moreTreasury Committee Calls for Cryptocurrencies to be Regulated by the FCA as a Matter of Urgency
The House of Commons' Treasury Committee published its report on Crypto-assets on 19 September 2018. The report strongly recommends that cryptocurrencies and ICOs be considered regulated activities in the UK as a matter of urgency. But realistically, when can we expect the crypto-market to be regulated in the UK?
Read moreSection 1782 order allowed
The Commercial Court recently discharged an injunction restraining the enforcement of a US court order made under Section 1782 of Title 28 of the US Code (Assistance to foreign and international tribunals and to litigants before such tribunals). Section 1782 applications can be a useful weapon in an English litigator's armoury as a means of obtaining evidence under the control of a US-based entity through US-style discovery, including by the use of depositions and documentary evidence.
Read moreThe Modern Slavery Act 2015 – Under Review
Earlier this summer the Home Office announced plans to launch an independent review of the Modern Slavery Act 2015. The Act came into force in October 2015 and established the UK as a world leader in the fight against the crime of modern slavery.
Read moreGraham - holiday letting business qualified for business property relief
In The Personal Representatives of Grace Joyce Graham (deceased) v HMRC [2018] UKFTT 0306 (TC), the First-tier Tribunal (FTT) has held that a furnished holiday letting business did not consist wholly or mainly of making or holding investments and so qualified for business property relief (BPR).
Read moreNegligent misstatement and undisclosed principals – a gamble not worth taking
The Supreme Court recently ruled that a bank providing a reference relating to its customer owed a tortious duty of care only to the addressee. The decision reflects the wider judicial trend of restricting the circumstances in which duties of care for negligent misstatement are found to exist on the basis of an assumption of responsibility by the party making the statement.
Read moreArmstrong: Tribunal cancels late filing penalties
In Armstrong v HMRC [2018] UKFTT 0404 (TC), the First-tier Tribunal (FTT) has cancelled late filing penalties because the taxpayer had not consented to receive penalty notices electronically.
Read moreImplications of the Modern Slavery Act 2015 on UK and overseas businesses
Partner Jeremy Drew and Amelia Cave discuss the current Modern Slavery Act 2015 and why businesses in the UK and overseas should be mindful of its provisions.
Read moreOur latest legal 'Snapshot' updates are now available
Each Snapshot focuses on the key questions: What's the development? Why does it matter? And what should you be doing about it? In this blog post we have handpicked the ones which matter most to you as retailers.
Read moreTax update September 2018
In this month’s update we report on HMRC’s updated position regarding payment of the April 2019 “loan charge”, HMRC’s updated guidance on the targeted anti-avoidance rule for close company distributions on a winding up and the CIOT’s comments on off-payroll working in the private sector. We also comment on recent decisions relating to, late filing penalties, an application by HMRC to amend its Statement of Case and tax geared penalties for failure to comply with information notices.
Read moreBreaking news – a victory for privilege
Today the Court of Appeal handed down its eagerly anticipated judgment in the appeal of Andrews J's controversial High Court decision in Serious Fraud Office v Eurasian Natural Resources Corporation.
Read moreISDA agreement wins jurisdiction clause battle in Court of Appeal
The Court of Appeal recently confirmed that an English jurisdiction clause in the underlying International Swaps and Derivatives Association Master Agreement under which certain swaps were made should be applied to disputes relating to the swap transactions, rather than an Italian jurisdiction clause in a competitor agreement governing the parties' generic relationship
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