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Tribunal confirms that certain studies and project management costs relating to offshore windfarms qualify in part for capital allowances

Published on 30 March 2022. By Alexis Armitage, Associate

The First-tier Tribunal has confirmed that certain studies and project management costs relating to offshore windfarms qualify in part for capital allowances.

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Podcast

50th episode special - A judges view of insurance (With Sir Bernard Rix)

29 March 2022

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.

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Blog

Gin-uine use? The UKIPO concludes yes, despite limited evidence and variances between the trade mark as registered and as used

Published on 29 March 2022. By Ciara Cullen, Partner and Sarah Mountain, Partner and Courtney Brotherson, Trainee

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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Podcast

What can HMRC do with your information?

28 March 2022

In previous episodes we have discussed the myriad of ways HMRC collects information on individuals and businesses. Whether through international agreements, information provided on a voluntary basis, as a consequence of a legal duty to report, or through its information gathering powers, the Revenue holds an abundance of information relating to taxpayers.

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Publication

The Week That Was - 25 March 2022

Published on 25 March 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Publication

Sports Ticker (25 March 2022) - F1 gearing up, Cardiff City dispute settled and Saudi-backed golf competition launches

Published on 25 March 2022. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate

In a fortnight which has seen the return of F1 in Bahrain, and the surprising retirement of tennis world number one Ashleigh Barty aged 25, we feature the recent settlement between Cardiff City and former owner Sam Hammam, the Premier League's first NFT partnerships and the Leicester Tigers salary cap investigation. We also take a look at F1's most recent sponsorship deal and the Saudi-backed golf Super League.

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Video

Money Mirror: Access to cash

Published on 24 March 2022. By Charles Buckworth, Partner and Whitney Simpson, Of Counsel and Leigh Gapinski, Associate

Welcome to Money Mirror. In the first episode, we explore the importance of access to cash.

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Blog

Can litigation privilege be claimed for exploratory correspondence with an expert before litigation is in prospect?

Published on 24 March 2022. By Davina Given, Partner and Suzan Kurdi, Senior Associate

In a recent case, the Court decided that correspondence with an expert did not attract legal professional privilege. The expert's work had been intended to provide "ballast" for a claim in suspected mismanagement, but in fact the expert's investigation uncovered a potential alternative claim, which was quite distinct from the claim initially being investigated.

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Blog

No tax due on transfer of business to connected company

Published on 23 March 2022. By Keziah Mastin, Associate

The First-tier Tribunal in Conran and another v HMRC [2022] UKFTT 39 (TC), concluded that the transfer of a business between connected parties resulted in no capital gains tax liability for the seller, having reduced the stated £8.25m valuation of the business to £1 for tax purposes.

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Blog

Court of Appeal issues "clear message" that those who breach embargoes on draft judgments risk contempt proceedings

Published on 22 March 2022. By Parham Kouchikali, Partner and Fred Kuchlin, Senior Associate

In only the third judgment ever to consider the issue, the Court of Appeal has issued a stark reminder that court users should take care to observe any embargo over a draft judgment or else face the possibility of proceedings for contempt of court.

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Publication

Insurers need their own Hippocratic Oath

Published on 22 March 2022. By Simon Laird, Global Head of Insurance and Peter Mansfield, Partner

Does insurance have a role to play in setting the ethical standard for corporate ESG and promoting a ‘do no harm’ philosophy?"

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Publication

Insurers need their own Hippocratic Oath

Published on 22 March 2022. By Simon Laird, Global Head of Insurance and Peter Mansfield, Partner

Does insurance have a role to play in setting the ethical standard for corporate ESG and promoting a ‘do no harm’ philosophy?"

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Blog

National Audit Office on the British Steel Pension Scheme

Published on 21 March 2022. By Rachael Healey, Partner

On Friday the National Audit Office (NAO) published a report on the British Steel Pension Scheme (BSPS), looking at the regulation of pension transfer advice and extent to which compensation has been delivered. The NAO's report does not look at the merits of individual decisions made by the FCA and other organisations but includes some insightful information on the BSPS scheme and the status of complaints at FOS and the FSCS and the NAO's findings. With the report coming just before the FCA is due to publish its consultation on a consumer redress scheme for impacted BSPS members and makes for useful reading for those involved with BSPS complaints.

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Publication

The Week That Was - 18 March 2022

Published on 18 March 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Blog

Shell directors facing potential UK ESG shareholder derivative lawsuit

Published on 18 March 2022. By James Wickes, Partner

In the wake of COP26, more focus than ever is being given to the climate risks which apply to every aspect of business. Scrutiny of a company's climate awareness and adherence to applicable regulation is at the forefront of minds of companies' stakeholders.

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Blog

Shell directors facing potential UK ESG shareholder derivative lawsuit

Published on 18 March 2022. By James Wickes, Partner

In the wake of COP26, more focus than ever is being given to the climate risks which apply to every aspect of business. Scrutiny of a company's climate awareness and adherence to applicable regulation is at the forefront of minds of companies' stakeholders.

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Blog

CMA pushing for more powers on sustainability

Published on 17 March 2022. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate

Following its public consultation, the CMA has published its advice to government on how competition and consumer laws can help meet the UK's environmental goals.

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Publication

Duties of Care to Third Parties in Tax Avoidance Schemes – Disappointment for Investors in McClean as Zacaroli, J Rejects Claims

Published on 16 March 2022. By Laura Stocks, Partner and Nick Bird, Partner and Charlotte Thompson, Associate

Mr Justice Zacaroli has now handed down his judgment in David McClean and others v Andrew Thornhill QC [2022] EWHC 457 (Ch) - a ~£40m claim by investors in a tax scheme against one of the leading tax barristers in the country. The judge dismissed the claim in its entirety holding, amongst other things that the barrister did not owe a duty of care to the investors.

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Blog

Matchmaking services were subject to special place of supply rule for B2C consultancy services

Published on 16 March 2022.

In Gray & Farrar International LLP v HMRC [2021] UKUT 293 (TCC), the Upper Tribunal (UT) decided that matchmaking services supplied to clients outside the EU fell within Article 59(c) of Council Directive 2006/112/EC (the Principal Directive) and were therefore outside the scope of VAT.

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Publication

Valuers receive further clarity on External Walling Reviews

Published on 16 March 2022. By Alexandra Anderson, Partner and Binta Balogun, Trainee

As reported in our previous post, December 2019 saw the launch of a new form, the EWS1, (External Wall System 1 form) to assist with the process of valuing properties within residential buildings. The main purpose of the form remains to simplify the process of determining whether works are required to a property in a multi-storey, multi-occupancy residential block, and to what extent any works may impact a property's value.

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Publication

RPC Bites 44 - UK IPO finds gin-uine use of trade mark, another copycat product battle and plastic packaging to be scrapped for fruit and veg

Published on 15 March 2022. By Ciara Cullen, Partner and Ben Mark, Partner

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!!

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Blog

Operational Resilience - preparations for 31 March 2022

Published on 15 March 2022. By Whitney Simpson, Of Counsel and Leigh Gapinski, Associate

The deadline of 31 March 2022 is approaching when new rules on operational resilience come into force.

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Podcast

The Bermuda insurance market (a podcast with Stephen Weinstein)

15 March 2022

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Stephen Weinstein, Chair of the Bermuda Business Development Agency (BDA). The topic for discussion is the Bermuda Insurance Market and why it has become a global insurance hub.

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Blog

Court of Appeal holds that Quincecare duty can arise where the customer gives instructions in authorised push payment fraud

Published on 15 March 2022. By Jonathan Cary, Partner

The Court of Appeal has allowed an appeal in relation to a bank's Quincecare duty and authorised push payment fraud, finding in favour of the customer who lost the bulk of her life savings.

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Podcast

Cum-Ex: a multi-billion tax trading scandal

14 March 2022

In a much-anticipated podcast we revisit the multi-billion tax trading scandal known as Cum-Ex, and consider recent developments and discuss why this rapidly expanding cross-border tax fraud remains of interest 5 years after it was first exposed.

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Publication

The Week That Was - 11 March 2022

Published on 11 March 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Publication

Sports Ticker (10 March 2022) - Disney's gamble, Netflix's gaming play and rugby league governance shake-up - a speed-read of commercial updates from the sports world

Published on 11 March 2022. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate

In this edition of the Sports Ticker, we feature stories relating to other developments in the world of sport, including: TikTok's sponsorship of the Pakistan-Australia Test cricket series, Netflix's acquisition of Next Games and Disney's contemplation of a move into sports betting. We also take a look at Manchester City's official partnership with crypto exchange OKX, the technicalities of F1's new regulations for the upcoming season and the realignment of governance in rugby league.

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Blog

Where's the damage? High Court dismisses jurisdiction challenge in US$495 million claim

Published on 10 March 2022. By Jake Hardy, Partner and Charlotte Henschen (née Ducker), Partner

The High Court has dismissed UBS' challenge to jurisdiction in a ca. US$495 million claim – and in doing so set out useful guidance in terms of how the Court will determine "where the damage has occurred" in cases of economic loss. The judge looked for the most "natural analysis" in determining the manifestation of the loss, and broadly agreed that "the usual answer [in bad investment cases] will be that the loss occurs in, and at the place of, the bank account which was depleted."

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Publication

Duties of Care to Third Parties in Tax Avoidance Schemes – Disappointment for Investors in McClean as Zacaroli, J Rejects Claims

Published on 09 March 2022. By Nick Bird, Partner and Laura Stocks, Partner and Charlotte Thompson, Associate

Mr Justice Zacaroli has now handed down his judgment in David McClean and others v Andrew Thornhill QC [2022] EWHC 457 (Ch) - a ~£40m claim by investors in a tax scheme against one of the leading tax barristers in the country. The judge dismissed the claim in its entirety holding, amongst other things that the barrister did not owe a duty of care to the investors.

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Blog

Payments to employees were "relevant motoring expenditure" and should be disregarded for the purposes of NICs

Published on 09 March 2022. By Constantine Christofi, Senior Associate

In Willmott Dixon Holdings Ltd v HMRC [2022] UKFTT 6 (TC) the First-tier Tribunal (FTT), held that payments to employees were "relevant motoring expenditure" (RME) and could be disregarded for the purposes of Class 1 National Insurance Contributions (NICs).

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Blog

Tackling economic crime and sanctions evasion

Published on 08 March 2022. By Lucy Kerr, Senior Associate

The draft Economic Crime Bill is now on its way to the House of Lords, having received cross-party approval in the House of Commons.

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Publication

International Comparative Legal Guide – Insurance & Reinsurance 2022

Published on 07 March 2022. By Sumyutha Sivamani , Senior Associate and Liqi Cheng, Associate

Practical cross-border insights into insurance and reinsurance law

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Publication

The Week That Was - 4 March 2022

Published on 04 March 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Publication

The Employment (Amendment) Bill 2022 and what it means in light of the potential citywide lockdown

Published on 04 March 2022. By Andrea Randall, Partner and Lillian Wong, Associate

In an attempt to further curb the soaring number of daily cases of coronavirus infections, in addition to the vaccine pass scheme, Hong Kong may be facing its first citywide lockdown later this month. In light of these anti-epidemic measures, the Employment (Amendment) Bill 2022 (the "Bill") was gazetted on 25 February 2022, which sought to strike a balance between implementing various anti-epidemic measures to protect public health and preserving employees' statutory rights and benefits.

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Publication

Tax Bites - March 2022

Published on 03 March 2022. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.

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Podcast

Why Gen Z should choose insurance (A podcast with Tom Beckett)

02 March 2022

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Tom Beckett who a broker with CityNet Insurance Brokers and in this episode, we look at why Tom chose to start his career in insurance and why others should consider doing the same.

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Blog

HMRC misses penalty

Published on 02 March 2022. By Harry Smith, Senior Associate

HMRC penalty for EBT use successfully appealed as no deliberate or careless conduct leading to inaccuracy in tax return

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Publication

Russian sanctions: Immediate practical steps

Published on 01 March 2022. By Sam Tate, Partner and Robert Waterson, Partner

At RPC we have years of experience of Russian sanctions and advising companies on sanctions compliance programmes.

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Publication

Lawyers Covered - February 2022

28 February 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.

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Podcast

The legal landscape of crypto fraud

28 February 2022

Tax podcast small with tint

In a follow up to the episode "Blockchain: Revolutionary technology… or the perfect opportunity for fraudsters", we are delighted to be joined by Michael Goodwin QC to delve deeper into the legal landscape of crypto fraud.

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Publication

The Week That Was - 25 February 2022

Published on 25 February 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Publication

Sports Ticker (24 February 2022) - Man City's foray into the metaverse, "Greek Freak" signs with WhatsApp and Silver Lake invest in All Blacks - a speed-read of commercial updates from the sports world

Published on 24 February 2022. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate

In a fortnight which has seen the LA Rams defeat the Cincinnati Bengals at Super Bowl LVI, Kell Brook end his bitter rivalry with Amir Khan in dramatic fashion, and speculation around the Saudi Golf League intensify, we feature the recent private equity-backed investment in the All Blacks, Man City's stadium construction in the metaverse and Fanatics‘ acquisition of lifestyle brand Mitchell & Ness. We also take a look at UEFA‘s announcement that Socios.com is to become its Official Fan Token Partner, the NBA‘s Giannis Antetokounmpo‘s (affectionately nicknamed the “Greek Freak“ due to his incredible speed and 6ft 11in frame) long-term deal with WhatsApp and the US Women‘s football team's $24 million settlement of its equal-pay legal action.

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Publication

Take 10 #20

24 February 2022

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

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Blog

Relying on the Defence to plead a new, time-barred claim – Court of Appeal provides clarity

Published on 24 February 2022. By Chris Ross, Partner and George Fahey , Associate

The Court of Appeal has provided clarity on a claimant's ability to bring an otherwise time-barred claim in reliance on facts raised in the Defence. In the recent case of Mulalley & Co. Ltd v Martlet Homes Ltd [2022] EWCA Civ 32 the claimant was permitted to introduce a new claim, post-limitation, in response to what was potentially a full defence to the original Particulars of Claim.

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Publication

V@ update - February 2022

Published on 24 February 2022. By Adam Craggs, Partner

Welcome to the February 2022 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.

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Publication

Employees leaving Hong Kong: What can employers do to recruit and retain staff?

Published on 24 February 2022. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

Recently there have been a number of news articles in which employers in Hong Kong are expressing their concern over the high numbers of employees leaving the city and a lack of new arrivals.

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Blog

The X-Client Files: who owns a solicitor's file

Published on 23 February 2022. By Claire Revell, Partner

It's a perennial headache for solicitors: what exactly am I supposed to do when a client asks me for 'their file'?

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Blog

No power for HMRC to issue partial closure notice without assessment of tax due

Published on 23 February 2022. By Keziah Mastin, Associate

The Court of Appeal has confirmed that HMRC cannot issue a partial closure notice without assessment of tax due.

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