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A valuer does not owe a duty of care to the directors of a borrower

Published on 02 May 2018. By Alexandra Anderson, Partner and Felicity Strong, Senior Associate

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The High Court has held that a valuer who prepares a valuation for a lender does not owe a duty of care to the directors of the borrower who claim they have suffered loss as a result of relying on that valuation.

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Blog

How hard is it to learn English?

Published on 02 May 2018. By Nigel Collins, Partner, Head of Japan Desk

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As English is by far the number one language of business and politics, many non-native speakers have no choice but to overcome this challenge

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Publication

Tax update May 2018

01 May 2018

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In this month’s update we report on HMRC’s recently published guidance relating DOTAS for inheritance tax, its guidance for the GAAR and a new consultation relating to tax avoidance involving Profit Fragmentation.

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Blog

Game theory and the art of litigation settlement (Part 3)

Published on 01 May 2018. By Christopher Whitehouse, Senior Associate and Simon Hart, Partner

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This article is the third in a series targeted at litigators that consider the issue of settlement in litigation through a game theoretical lens.

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Publication

Corporate tax update

Published on 01 May 2018. By Ben Roberts, Partner

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Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team and published quarterly.

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Blog

Lisbon, a near-shore hub for UK business

Published on 01 May 2018. By Nigel Collins, Partner, Head of Japan Desk

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Hosting a meeting at Hitachi Consulting's offices in Lisbon

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Publication

General liability newsletter April 2018

Published on 30 April 2018. By Gavin Reese, Partner and Jonathan Drake, Senior Associate

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Employees owe a duty to their employers to carry out their work with reasonable care so as to avoid accident and injury. Employers are vicariously liable for the negligence of their employees but are entitled to claim a contribution or indemnity from their negligent employee in appropriate circumstances.

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Publication

Pension transfers

30 April 2018

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The FCA tries again to get it right with new rules and a further consultation paper.

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Blog

Value Added – New VAT "joint liability" risk for online marketplaces

Published on 30 April 2018. By Robert Waterson, Partner

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The flow of goods cross-border has increased significantly as a result of the inexorable rise of the online marketplace. Policing the tax aspect of online businesses has created numerous difficulties for national authorities. In no area is this felt more than VAT, where many online traders (both inside and outside the EU) have opted wittingly or otherwise to evade tax by simply not registering or accounting for VAT in any jurisdiction.

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Blog

Onillon – Failure to take Follower Notice 'corrective action' reasonable in all the circumstances

Published on 27 April 2018. By Michelle Sloane, Partner

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In Onillon v HMRC [2018] UKFTT 33 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal against a penalty imposed for failing to take corrective action following the issue of a Follower Notice (FN) as it was reasonable in all the circumstances for the taxpayer not to take such action.

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Blog

Game theory and the art of litigation settlement (Part 2)

Published on 25 April 2018. By Christopher Whitehouse, Senior Associate and Simon Hart, Partner

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This article is the second in a series targeted at litigators that consider the issue of settlement in litigation through a game theoretical lens.

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Blog

Potentially largest ever Japan outbound deal

Published on 25 April 2018. By Nigel Collins, Partner, Head of Japan Desk

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Takeda makes its 5th offer for Shire

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Blog

A Virtual Reality Check

25 April 2018

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Article exploring the growth of virtual reality (VR) and the legal issues which are emerging including product liability, data and privacy risks, and the 'laws' of the virtual world as a jurisdiction in itself.

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Publication

VAT update April 2018

Published on 24 April 2018. By Adam Craggs, Partner

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In this month’s update we report on the publication of the draft agreement on the UK’s withdrawal from the EU; the Government’s “split payment” collection model for online sales by non-UK sellers; and HMRC’s revised guidance on the cost sharing exemption.

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Publication

Asia Insurance Bulletin 2018

23 April 2018

Our Asia Insurance Bulletin is now available. The bulletin contains a number of articles written by our lawyers discussing a variety of issues relevant to the Asia region.

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Blog

The FCA publishes its 2018/19 Business Plan

Published on 23 April 2018. By Charlotte Thompson, Associate

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On 9 April 2018 the FCA published its Business Plan for 2018/19, demonstrating its continued focus on culture and governance in firms, tackling financial crime and the role of technology in the financial services industry.

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Blog

Home is where you hang your medical test

20 April 2018

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At-home medical tests can be useful diagnostic tools, but this carries risks for patients or insurers. Medical malpractice and product liability insurers need to plan for the future.

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Blog

Court of Appeal's history lesson for claimants bringing personal injury claims

Published on 20 April 2018. By Peter Rudd-Clarke, Legal Director

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Healthcare providers and manufacturers of medical products will welcome a judgment from the Court of Appeal that found against a claimant for failing to give notice of funding in time.

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Blog

Diversity on the agenda

Published on 20 April 2018. By James Miller, Managing Partner

As clients of City law firms like RPC, those represented in the Powerlist are playing an increasingly leading role in ensuring diversity doesn't just rise up the agenda, but stays there.

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Blog

Japan's Itochu to raise stake in FamilyMart to 50.1%

Published on 19 April 2018. By Nigel Collins, Partner, Head of Japan Desk

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Itochu to spend $1.1bn for an 11.1 per cent premium in FamilyMart

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Blog

Unregulated cryptocurrencies – an end in sight?

Published on 18 April 2018. By Ashley Daniells, Associate and Matthew Watson, Senior Associate

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Since their creation, cryptocurrencies have been somewhat of an enigma. Decentralised digital currencies such as Bitcoin have remained unregulated, despite becoming more prevalent in our day-to-day lives. That could be about to change with the FCA announcing plans to include them as part of their other regulated products or services.

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Blog

FCA success in the High Court: Compensation of £16.9m awarded to misled investors

Published on 16 April 2018. By Lucy Kerr, Senior Associate

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A five-year court battle between the Financial Conduct Authority ("FCA") and Capital Alternatives Limited concluded on 26 March 2018 when the High Court used its restitution powers under the Financial Services and Markets Act 2000 to award compensation to investors who lost money invested with Capital Alternatives.

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Publication

Construction newsletter April 2018

13 April 2018

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The first quarter of 2018 has been a challenging one for the construction industry. It saw a further decline in construction output in January, with the Office of National Statistics reporting that construction output fell by 3.4% in January from December.

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Blog

Hargreaves: Loyalty pays

Published on 13 April 2018. By Constantine Christofi, Senior Associate

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In Hargreaves Lansdown Asset Management LTD v HMRC [2018] UKFTT 127 (TC) TC06383, the First-tier Tribunal (FTT) has found that loyalty bonus payments paid to investors were not "annual payments" for the purpose of section 683, ITTOIA.

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Snapshot

Snapshots - Spring 2018

12 April 2018

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This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.

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Update of the Guidance for Traders on Pricing Practices

12 April 2018

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What changes have been made to the guidance since the latest version was published in December 2016?

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Government publishes Digital Charter

12 April 2018

On 25 January 2018, the Department for Media Culture and Sport ("DCMS") published the Digital Charter that was announced in the 2017 Queen's speech.

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Snapshot

Confidential information / trade secrets

12 April 2018

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IPO publishes consultation on Trade Secrets Directive (EU/2016/943)

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Trade marks / passing off

12 April 2018

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Can localised goodwill prevent the registration of a UK trade mark?

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Snapshot

Does the rule against penalty clauses apply to repayment obligations?

12 April 2018

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Holyoake and another v Candy and others [2017] EWHC 3397 (Ch)

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Contractual interpretation / limitation of liability

12 April 2018

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How will the Court interpret limitation of liability clauses?

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Contractual interpretation / implied terms

12 April 2018

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How will the Court approach interpretation of related agreements and implying terms for "business purposes"?

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Good faith / duress

12 April 2018

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When will the Court imply a duty of good faith?

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Assessing damages for termination

12 April 2018

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How will the Court assess damages for termination on an express contractual right?

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Snapshot

ASA ruling on Ryanair's claim: "Europe's number one airline"?

11 April 2018

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How will the ASA interpret a claim to be "number one" in the context of widespread negative publicity?

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ASA call for evidence on recognition and labelling of online ads

11 April 2018

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Do consumers have a clear understanding of the labelling used for online ads?

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ASA ruling on Amazon TV ad interacting with AI

11 April 2018

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Was a TV ad which interacted with an Amazon device to place an unwanted order socially irresponsible?

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Key principles of ad disclosure

11 April 2018

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What are the rules around disclosure of marketing communications?

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ASA guidance on promotional marketing for subscription models

11 April 2018

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What guidance does the ASA provide regarding advertising for 'free trials' (and similar promotional techniques) for subscriptions?

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Snapshot

Article 29 Working Party publishes guidelines on data breach notifications under the GDPR

11 April 2018

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What data notification procedures should data controllers and processors have in place by 25 May 2018?

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Article 29 Working Party publishes draft guidelines on transparency under the GDPR

11 April 2018

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In accordance with the GDPR's new obligation of transparency, what do the WP29 draft guidelines suggest you put in your organisation's privacy policy and other privacy notices?

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Snapshot

ICO fines Carphone Warehouse £400,000 following systemic data failures

11 April 2018

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Need an example of how not to protect your customers' and employees' data? Then, read on!

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ICO publishes draft guidance on children and the GDPR

11 April 2018

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What extra requirements must be met when processing the personal data of a child under the GDPR?

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Court of Appeal declares the Data Retention and Investigatory Powers Act 2014 unlawful

11 April 2018

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Is section 1 of the Data Retention and Investigatory Powers Act 2014 (DRIPA) inconsistent with EU law?

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Vicarious liability for deliberate data breaches

11 April 2018

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Can a business be held vicariously liable for the actions of an employee who deliberately breaches its employer's data protection policies and data protection law?

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Article 29 Working Party publishes guidelines on consent under the GDPR

11 April 2018

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What exactly are the higher standards of consent under the GDPR?

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Article 29 Working Party adopts guidelines on Data Protection Impact Assessments

11 April 2018

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When should a data controller conduct a Data Protection Impact Assessment (DPIA)?

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Blog

Volkswagen: CJEU provides guidance on the time limit for input VAT recovery

11 April 2018

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In Volkswagen AG v Finančné riaditeľstvo Slovenskej republiky C-533/16, the Court of Justice of the European Union (CJEU) has held that Member States cannot impose a time limit on input tax recovery that denies claims before the taxable person is in a position to exercise its right to recover.

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Publication

Asset management market study update

10 April 2018

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On 5 April 2018 the FCA published proposals to address concerns identified in its asset management market study

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Blog

Game theory and the art of litigation settlement

Published on 06 April 2018. By Christopher Whitehouse, Senior Associate and Simon Hart, Partner

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This article is the first in a series targeted at litigators that consider the issue of settlement in litigation through a mathematical lens.

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