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Enforcing the duty of responsibility against senior managers: the Regulators' view
The FCA and PRA have issued consultations giving guidance on how they propose to enforce the duty of responsibility against senior managers in banks – and the rest of financial services from 2018.
Read moreStan Murray-Hession: Tribunal allows taxpayer's share loss relief claim
In Stan Murray-Hession v HMRC [2016] UKFTT 612, the First-tier Tribunal (FTT), held that Mr Murray-Hession (the Appellant) had subscribed for shares within the meaning of section 135(2), Income Tax Act 2007 (ITA), so that share loss relief, under section 131, ITA, was available.
Read moreDigital comparison tools under review
The UK's CMA has launched a market study into price comparison tools, such as price comparison websites and smartphone apps. The aim is to establish what action, if any, is required to improve how this market works. The CMA has until 28 March 2017 to decide whether to open an in-depth market investigation.
Read more15% increase in counterfeit goods seized in 2015
According to the "Report on EU Customs Enforcement of Intellectual Property Rights: Results at the EU Border 2015", the number of goods that were detained at the EU's external borders for suspected infringement of an IP right grew by an estimated 15% in 2015 compared with 2014.
Read moreFCA and PRA set out wide-ranging rules and proposals for the SIMR and SMCR
Falling like autumn leaves, the FCA and PRA have published a number of papers relating to the senior insurance managers regime as well as the senior managers and certification regime (which will apply to insurers from 2018).
Read moreICO issues record £400,000 fine for TalkTalk data breach
The record fine is an indication that the new Information Commissioner, Elizabeth Denham, is looking to take a robust approach to enforcement ahead of the introduction of the GDPR in May 2018.
Read moreThe FCA gives its provisional view on regulating the role of the GC.
In house lawyers have different roles but, fundamentally, many will help their businesses identify legal risks and define a tolerance towards those risks. They then use Contracts, Advice & Training (CAT) to keep those Risks At Tolerance (RAT) – they use CATs to control RATs.
Read moreTribunal rejects HMRC's attempt to transfer PAYE liability to employee
In Stephen West v HMRC [2016] UKFTT 536 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal and confirmed that under the PAYE system the obligation to pay income tax fell on the employer, and liability will only be transferred to the employee under the regulation of the Income Tax (Pay As You Earn) Regulations 2003, if he has received his remuneration knowing that his employer has wilfully and deliberately failed to deduct PAYE.
Read moreNEDs to be subject to FCA's Code of Conduct
The FCA has announced plans to extend the application of the Code of Conduct Sourcebook to standard NEDs in banks and insurers. These changes will apply to all NEDs in regulated financial services from 2018
Read moreFCA plans to apply conduct rules to NEDs in banks and insurers
The FCA proposes to extend the application of the Code of Conduct sourcebook to standard NEDs.
Read moreFCA avoids full market study but what next for Big Data?
This update considers the FCA's feedback statement on the use of "Big Data" in the retail general insurance sector.
Read moreTax update, October 2016
In this update we report on the Worldwide Disclosure Facility recently announced by HMRC, new sanctions for failure to register, and the latest Spotlights published by HMRC. We also comment on some recent tax decisions relating to industrial buildings allowance, offsetting losses arising in a UK permanent establishment against profits earned by its UK business and opting out of the costs regime.
Read moreDigital media: The Digital Economy Bill
The Government has published the Digital Economy Bill (the Bill), which will implement a number of Government commitments on the digital economy made in the Conservative Party manifesto, the ambition being to make the UK “the most digital nation in the world”.
Read moreGood faith: MSC Mediterranean Shipping Company S.A. v Cottonex Anstalt [2016] EWCA Civ 789
Is a party that is entitled to terminate an agreement for breach required to exercise that right in good faith?
Read moreContractual interpretation: Starbev GP Ltd v Interbrew Central European Holdings BV [2016] EWCA Civ 449
How is “the purpose” of a particular activity determined?
Read moreConflicting terms Alexander v West Bromwich Mortgage Company Ltd [2016] EWCA Civ 498
How are conflicts or inconsistencies between terms resolved?
Read moreVariation clauses: MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2016] EWCA Civ 553
Does a standard anti-oral variation clause prohibit oral variations?
Read moreAgency: The Software Incubator Ltd v Computer Associates UK Ltd
Does software amount to goods such that the Commercial Agency Regulations 1993 (the Regulations) are engaged? Note that the Regulations define a commercial agent by reference to the sale of goods, not services.
Read moreImplied contracts: MF Global UK Ltd (In Special Administration), Re [2016] EWCA Civ 569
In what circumstances will the Courts find that there is an implied contract between companies?
Read morePenalty clauses: Edgeworth Capital (Luxembourg) SARL and another v Ramblas Investments BV [2016] EWCA Civ 412
Is a fee that becomes payable on the default of a third party subject to the rule on penalty clauses?
Read moreAgreement by conduct: Reveille Independent LLC v Anotech International (UK) Ltd [2016] EWCA Civ 443
Is an unsigned agreement binding where a written offer states it is not binding until signed and one party has not signed it?
Read moreCopyright: England and Wales Cricket Board Limited v (1) Tixdaq Limited [2016] EWHC 575 (Ch)
Did the fair dealing defence cover the online publication of eight second clips of sports matches?
Read moreData protection: US privacy shield
The EU published the draft text of the much-anticipated “Privacy Shield” deal on 29 February. This was amended following criticisms and the revised text was formally adopted by the European Commission on 12 July 2016. Companies have been able to certify with the US Department of Commerce since 1 August 2016.
Read moreData protection: Bangura v Loughborough University [2016] EWCH 1503 (QB)
Can an organisation’s breach of its data protection policy give rise to a claim under the Data Protection Act 1998 (the DPA) and/or a breach of contract claim?
Read moreChanges to the BCAP code regarding “pester power”
Can you tell when an ad is “persuading” kids to get their parents to buy them something, as opposed to simply “encouraging” them? And did you remember that “pester power” falls within the “Banned List” of the Consumer Protection from Unfair Trading Regulations 2008 (CPRs)?
Read moreCopyright: E-books and the Rental and Lending Right Directive
Advocate General opinion
Read moreASA - Advertising to children: Inappropriate targeting
Will an age warning be enough if placed before a scary ad?
Read moreA new and better approach to claims against financial advisers?
A Judge has found in favour of Coutts in a claim for negligent investment advice for just under £3.3m plus interest. The Judge’s findings are of interest given that he refused to assess whether the investments recommended were suitable for the Claimants according to a body of accepted professional opinion (the so called “Bolam Test”). Instead, the Judge focused on whether the risks of the investments were properly explained to the Claimants, whether they could afford to take such risks and showed themselves willing to do so.
Read moreSidestepping Limitation: A Cautionary Tale
The defendants were able to make a contribution claim from a third party after settling a competition damages claim with the claimant, even though the third party had a limitation defence against the claimant, which could have extinguished both the defendant's and the third party's liability to the claimant.
Read moreTime for the navigator!
Why the current clouds of Brexit uncertainty present a unique opportunity for you
Read moreABI releases checklist on effective counter fraud practices
Earlier this month, the ABI released a checklist on effective counter fraud practices. The checklist is designed to assist insurers in putting in place strong fraud defences. It is particularly aimed at smaller insurers with limited counter fraud functions.
Read moreHealth and Safety update, September 2016
This edition includes details of Merlin Attractions' £5 million fine following the Smiler crash in 2015 at Alton Towers, in addition to the latest case law and health & safety news.
Read moreFAPL v Wells: High Court orders Norwich Pharmacal Relief Against Publicans Screening Premier League Matches Without Permission
In this article for Entertainment Law Review first published in June 2016, Andrew Crystal and Joshua Charalambous discuss Snowden J's decision in the Football Association Premier League Limited -v- Richard Alan Wells (& Ors) [2015] EWHC 3910 (Ch).
Read moreVat update, September 2016
In this update we report on changes to the VAT treatment of single dwellings with more than one building, an extension to the simplified mechanism for employer input tax deductions in relation to investment management services and new guidance on HMRC’s powers to seek to recover underpaid VAT from online marketplaces. We also report on three recent cases involving MTIC fraud, reasonable excuse for late payment of VAT and whether supplies relating to fractional ownership interests in a property are exempt from VAT.
Read moreN Brown Group Plc: Tribunal confirms there is no going back once a taxpayer has opted out of the costs regime
In N Brown Group Plc and Another v HMRC [2016] UKFTT 445 (TC), the First-tier Tribunal (FTT), has confirmed that it did not have the power to permit a taxpayer to withdraw its written request that the proceedings be excluded from the costs regime.
Read moreWhat do you know about hyperlinking to infringing content online?
CJEU clarifies position on linking to infringing content - here's what you need to know
Read moreBig data in insurance: The FCA offers its view
Last week the FCA published a feedback statement on the use of big data in the retail general insurance sector. Its findings are likely to come as welcome news to insurers who are keen to exploit the advantages that big data can offer.
Read moreClaimant investors establish advisory duty against bank
In the most recent so-called 'mis-selling' case in Hong Kong, three claimant investors succeeded in establishing that a bank owed them a contractual duty to exercise reasonable care and skill with regard to their portfolio of investments held with the bank.
Read moreSelect Committee Inquiry into the impact of Solvency II
Last week, the House of Commons Treasury Select Committee announced on the parliament website that it is holding an inquiry into the new regime for insurance regulation under the Solvency II Directive (2009/138/EC).
Read moreBrexit - A brief update on investment funds
RPC facilitates conversations between a number of private equity fund sponsors and the BVCA
Read morePragmatism in the High Court: Correcting errors in arbitration
The High Court has held that the words "any errors of a similar nature" within r27.1 of the London Court of Arbitration Rules 1998 covered clarifying or removing ambiguity within an award by a tribunal.
Read moreRevisiting the Referendum
Never afraid to shy away from the most challenging of topics, in May of this year – with the EU Referendum vote looming – the blog’s Editorial Team decided to tackle Brexit head on.
Read moreCopyright test match
Copyright test match—High Court provides guidance on substantiality and fair dealing in relation to sports clips
Read moreHow ISP blocking orders provide a new and welcome form of redress against e-commerce counterfeiting
Ciara Cullen, Partner in IP and Technology, tackles the topic of counterfeiting online, how it's impacting sectors such as retail and pharmaceuticals, and the new remedy available to brand owners.
Read moreJaved And Azra Mughal - Tribunal considers the rules relevant to "hardship" applications
In Javed and Azra Mughal (Partnership) Trading as Dallas Chicken and Ribs v HMRC [2016] UKFTT 456 (TC), the First-tier Tribunal (FTT) has considered the extent of information necessary for a 'hardship' application.
Read moreRefusing to pay up? You'll need a good case
TCC enforces adjudicator's decision, finding no breach of natural justice or jurisdiction.
Read moreTribunal allows set-off of corporation tax loss against income tax profit
In English Holdings Ltd v HMRC [2016] UKFTT 0346 (TC), the First-tier Tribunal (FTT) allowed an appeal by a non-UK resident company against a decision of HMRC refusing its claim to offset losses arising in its UK permanent establishment (PE) against profits earned by its UK property rental business.
Read moreFAMR keeps on giving
The launch of a public consultation on the pension advice allowance at the end of August is another product of the Financial Advice Market Review (FAMR).
Read moreBlocking the blockers: EU prohibits network-wide ad-blocking
Mobile phone operators' plans to introduce network-wide ad-blocking technology are in jeopardy following new guidance from EU telecoms regulators, a move which highlights the divide between content providers and telecoms companies in their attitude towards ad-free content.
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