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Wired Orthodontics – Tribunal expresses concern about potential inappropriate interference by HMRC's solicitor with the evidence of an independent expert witness
In Wired Orthodontics Ltd and others v HMRC [2020] UKFTT 290 (TC), the First-tier Tribunal (FTT) refused an application for disclosure of documents and information passing between the solicitors for HMRC and their appointed expert witness.
Read moreRPC Bites #19
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 moreThe rule of DAC6 - are you ready?
UK companies involved in cross-border transactions need to be aware of looming reporting deadlines imposed by EU law and now implemented in the UK . These rules are designed to facilitate the reporting and sharing between EU tax authorities of instances of tax planning. However, the types of transactions caught by these rules are not limited to aggressive tax planning arrangements. In a number of cases, it is not a requirement for there to be a tax motive for the transaction to be reportable.
Read moreCorporate Tax Update - October 2020
Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team. This month’s update reports on some of the key developments from September 2020. Included in this update are summaries of the Chancellor’s tax announcements as part of the Winter Economy Plan and the EC’s decision to appeal the decision of the European General Court in the Apple state aid case. There are also updates on new HMRC guidance on off-payroll working for private businesses and the VAT treatment of payments for early termination of contracts. As ever we hope you, your family and friends are all staying safe.
Read moreBuyer Beware: NHSX Guidance on Artificial Intelligence
NHSX Guide on AI is a useful resource for manufacturers and insurers in mitigating litigation risks
Read moreBox – child benefit charge interpreted as 'income' for the purpose of discovery assessments
In Martin Richard Box v HMRC [2020] UKFTT 353 (TC), the First-tier Tribunal (FTT) dismissed a taxpayer's appeal concerning liability to pay the high-income child benefit (HICB) charge, on the basis that the charge constituted income for the purpose of discovery assessments.
Read moreTaxing matters: Predicting the tax world of the future
Welcome to the seventh episode of our Taxing Matters podcast. In this series we review land-mark cases and key tax developments and discuss the commercial impact they could have on your business.
Read moreRPC Bites #18
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 moreThe LCIA Rules 2020 – what's new?
Changes in relation to complex multi-party cases and the use of technology form the backbone of the latest version of the London Court of International Arbitration (LCIA)'s arbitration rules (the LCIA Rules 2020).
Read moreOverseas In-house lawyer's advice covered by legal advice privilege
There is no additional requirement for in-house foreign lawyers to be "appropriately qualified" or recognised or regulated as a "professional lawyer" for legal advice privilege to extend to communications between them and company employees.
Read moreSports Ticker (7th October 2020) - Amazon Luna The Laver Cup and a New Boss for F1
Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.
Read moreIrish Bank – HMRC entitled to disallow interest deductions claimed by UK permanent establishments
In Irish Bank Resolution Corporation Ltd (in special liquidation) and another v HMRC [2020] EWCA Civ 1128, the Court of Appeal upheld the decisions of the First-tier Tribunal (FTT) and the Upper Tribunal (UT) and confirmed that HMRC was entitled to disallow interest deductions claimed by the UK permanent establishments (PEs) of two Irish companies.
Read moreA look at the Insurance Museum
Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests.
Read moreCyber_Bytes - Issue 23
Welcome to Cyber_Bytes, a round up of key developments in cyber, tech and evolving risks over the last two weeks.
Read moreThe Quincecare duty bowls out HSBC
The High Court has held that banks may be liable for breaches of the Quincecare duty even where the customer's net assets have not been reduced by the breach; Stanford International Bank Ltd v HSBC Bank Plc(1)
Read moreTax Bites - October 2020
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreHealth and safety update - September 2020
Welcome to this month's health and safety update. View the headlines below or click the pdf at the bottom of the page to read the full articles.
Read moreLegal advice privilege extended to in-house foreign lawyers
The court has held that a foreign company's communications with its in-house lawyers attract legal advice privilege irrespective of the local status of the lawyer
Read moreRBS – HMRC's application for specific disclosure refused
In Royal Bank of Scotland Group Plc v HMRC [2020] UKFTT 321 (TC), the First-tier Tribunal (FTT) refused an application by HMRC for a direction requiring the taxpayer to provide specific disclosure.
Read moreContentious tax: quarterly review - September 2020
The increased flow of information and data to HMRC under the common reporting standard (CRS) has prompted a flurry of so-called ‘nudge’ letters to be issued by HMRC to taxpayers whose offshore affairs it considers may not be in order.
Read moreTaxing Matters: Fair's Fair – Judicial Review and Tax Disputes
Welcome to the sixth episode of our Taxing Matters podcast. In this series we review land-mark cases and key tax developments and discuss the commercial impact they could have on your business.
Read moreClauseMatch and their Lloyd's Lab journey
Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests. This week we are joined by Anastasia Dokuchaeva, Head of Partnerships at ClauseMatch and we will be discussing their Lloyd's Lab journey.
Read moreRPC Sports Ticker (25 September 2020) – esports, wearable tech and Semenya appeal
Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.
Read moreHMRC to gain further information gathering powers
Draft legislation, published as part of Finance Bill 2020/21, will, if enacted, grant HMRC the power to issue 'Financial Institution Notices', requiring certain financial institutions to disclose information they hold about certain taxpayer(s) and their assets, without the safeguards which are currently in place.
Read moreV@ update - September 2020
Welcome to the September 2020 edition of RPC's V@, an update on developments in the VAT world that may impact your business.
Read moreBuilding on renewable energy #3 – Anaerobic Digestion
Anaerobic digestion is the process by which biodegradable materials are broken down in a controlled environment. Whilst being broken down, the materials emit gas (which can be used as a source of renewable energy), and produce heat (which can also be harnessed on or near-to site). The process also leaves a waste material (digestate), which can be used as fertiliser, contributing to the circular economy.
Read moreBuilding on renewable energy #3 – Anaerobic Digestion
Anaerobic digestion is the process by which biodegradable materials are broken down in a controlled environment. Whilst being broken down, the materials emit gas (which can be used as a source of renewable energy), and produce heat (which can also be harnessed on or near-to site). The process also leaves a waste material (digestate), which can be used as fertiliser, contributing to the circular economy.
Read moreRPC Bites #17
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.
Read moreCFH Clearing Limited v Merrill Lynch International [2020] EWCA Civ 1064
The Court of Appeal has held that "Market Practice" is too wide a term to be implied into an ISDA Master Agreement covering currency trading transactions, in dismissing a claim arising from the "de-pegging" of the Swiss Franc from the Euro.
Read morePart 36: avoid a storm, use the form!
Pepperall J's impressively clear judgment in Essex County Council v UBB Waste (2020) makes it abundantly clear that, when it comes to Part 36 Offers, the rules are strict. If litigants wish to reap the significant rewards of this regime, the price they must pay is to ensure they (or their solicitors) follow the rules on how offers should be made.
Read moreFurlough, Act Now to Avoid the Knock
As we leave behind the curious summer of 2020, both HMRC and the SFO are readying themselves for the new term. First order of business: combatting corporate misuse of furlough and Covid-19 bail-out funds. According to official statistics released on 18 September, furloughing of staff in the wholesale and retail sector peaked on 24 April at 1.85 million employees - by 31 July, initial figures show 789,000 retail jobs furloughed– a decrease of more than a half since the peak for the sector. Some furloughed employees in the wholesale and retail sector have been returning to work as lockdown restrictions eased, others have, sadly, faced redundancy. As the furlough scheme winds down to a close next month, some employers may be faced with HMRC insisting that their furlough claims amounted to a misuse of – or even fraud against - the scheme.
Read moreAhmed - HMRC cannot 'refresh' penalty time limit by reissuing information notices
In Salim Ahmed v HMRC [2020] UKFTT 337 (TC), the First-tier Tribunal (FTT) allowed the taxpayer’s appeal against a penalty for failing to comply with an information notice because the penalty notice was not issued within 12 months of the taxpayer becoming liable to a penalty and HMRC could not refresh the time period by issuing a subsequent information notice which merely repeated earlier information notices.
Read moreMajor overhaul of UK telecoms regulation to go ahead by the end of December 2020
The UK still pushing ahead with implementing wide ranging European regulatory changes, but obligations for many "over the top" providers are likely to be postponed.
Read moreSecurity for costs not ordered despite looming economic downturn caused by COVID-19
Evidence of the adverse impact of the COVID-19 pandemic on the Claimant's financial position was not enough to show an inability to pay adverse costs in a recent application for security for costs in the High Court in International Pipeline Products Limited v IK UK Ltd & Ors. [2020] EWHC 1602
Read moreParents contest NICE Cannabis Guidelines at Court
A family is seeking judicial review of NICE guidelines in the hope that doctors are more likely to prescribe cannabis-based medicines. The outcome could have significant consequences for the healthcare sector.
Read moreUKCA Marking: Updated Guidance
As the end of the Brexit implementation period draws closer, the UK Government has sought to clarify the changes that will follow. On 1 September 2020 they published the long-awaited guidance on the use of UKCA marking following the withdrawal of the previously issued advice earlier this year.
Read moreKickabout Productions - HMRC wins IR35 re-match
In Kickabout Productions Ltd [2020] UKUT 216 (TCC), the Upper Tribunal (UT) has allowed HMRC's appeal and confirmed that the relationship between a radio station and one of its sports presenters fell within the IR35 regime.
Read moreCyber_Bytes - Issue 22
Welcome to the latest edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.
Read moreRPC Sports Ticker (11 September 2020) – Lionel Messi contract, rugby midweek games and BT 'Unlimited Subs' subscription
Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.
Read moreTaxing Matters: HMRC as a Public Authority – what does that mean?
Welcome to the fifth episode of our Taxing Matters podcast. In this series we review land-mark cases and key tax principles and discuss the commercial impact they could have on your business.
Read moreSpotlight on private wealth - September 2020
Our quarterly update is designed to keep you up to speed with developments in the private wealth world.
Read moreCalls for increased regulation following rise in FSCS bills
The FSCS levy for the 2020/2021 was released earlier this year, causing frustration amongst many advisors in the sector. That frustration continues, with the FSCS making large compensation payments in respect of defined benefit (DB) transfers where many question the lack of earlier FCA intervention, which might have alleviated the problems in this area.
Read moreA Warning to Architects to be Smart about their Social Media
The Architects Registration Board has recently erased Peter Kellow from the register of architects as a result of a racist post on his Facebook which was publicly visible.
Read moreStick to the process – a further reminder of how useful a process agent clause can be, especially following Brexit
Process agent clauses are commonly included in cross-border finance transactions. They avoid the need for the claimant, typically the lender, to have to serve process outside the jurisdiction, frequently a costly and time-consuming exercise, particularly when the court's permission is needed. Accordingly, lenders will often require a foreign borrower and/or any guarantors to appoint a process agent in the lender's jurisdiction to accept service on their behalf.
Read moreRPC Bites #16
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.
Read moreFuture Funding here to stay?
Latest figures show Future Fund's £642m investment in UK start-ups, but criticism of Government-backed business interruption loan schemes remains.
Read moreJones – Taxpayer's appeal allowed as FTT failed to consider vital evidence
In Heather Jones v HMRC [2020] UKUT 229 (TCC), the Upper Tribunal (UT) allowed an appeal against a decision of the First-tier Tribunal (FTT) upholding a discovery assessment issued in respect of income tax on a severance payment.
Read moreTax Bites - September 2020
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreCyber_Bytes - Issue 21
Welcome to the latest edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.
Read moreNo interim injunction over bitcoin account where damages would be adequate
The court has declined to continue interim injunctions granted in respect of a 'coin depot account' holding bitcoin over which the claimants asserted a proprietary right.
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