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Hope in Hell: Defamatory references to a law firm removed from SolicitorsFromHellUK.com
This week's High Court decision ordering the removal of defamatory statements from a website which 'exposes' solicitors and other lawyers may come as some relief to members of the legal profession.
Read moreFinal appeal serves up sushi
In the past decade or so sushi has become increasingly popular – both in Hong Kong and globally.
Read moreLitigation privilege under the spotlight
A Claimant's application for an injunction against the use in litigation of unhelpful pre-application planning advice he had obtained from a local planning authority was dismissed by John Jarvis QC sitting as a deputy High Court Judge.
Read moreTribunal finds HMRC's actions unconscionable
In John Clark v HMRC[1], the First-tier Tribunal (FTT) has found that special relief, in terms of paragraph 3A, Schedule 1AB, Taxes Management Act 1970 (paragraph 3A), ought to have been granted to a taxpayer who suffered from serious learning difficulties.
Read moreUpdate: IT Suppliers beware! Your right to terminate on a customer insolvency is changing…
In September 2013 we reported on the Enterprise and Regulatory Reform Act 2013 which provided the Government with the power to extend the law regarding the supply of essential services to insolvent customers.
Read morePlanning for a vote in favour of Brexit
Recent events have brought into much sharper focus a question that in truth financial services firms should have been asking for some time - what are the implications if the UK votes to leave the EU in the forthcoming referendum?
Read moreNew FCA handbook and FS register: Welcome to 21st Century
The FCA has updated and consolidated its Handbook and FS register.
Read moreNew FCA handbook and FS register: Welcome to the 21st Century
The FCA has updated and consolidated its Handbook and FS register.
Read moreDamages for repudiation of a voyage charter
The compensatory principle explored The High Court of England & Wales has reviewed the application of the standard compensatory principle in common law to voyage charters repudiated by their charterers, in an appeal from an arbitral Award[1].
Read moreThink long and hard before withdrawing your appeal
In Rolls Group & Others HMRC[1], the First-tier Tribunal (FTT) has refused to reinstate VAT appeals, pursuant to an application made under Rule 17(3) of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (the Rules), many months after withdrawal of their appeals.
Read morePension freedoms - the 5 month report card
As children head back to school, what would the pension freedoms' report card look like 5 months in from the April reforms?
Read moreRisk of AML own goals from football transfers
European football's summer transfer window closed last week.
Read moreOtkritie and the "Aldi requirement"
The judgment in Otkritie –v- Threadneedle examined the interplay between the "Aldi requirement" ...
Read moreFacing the cold splash of reality and mandatory reporting on the gender pay gap: what's next for UK employers?
As one of Enid Blyton's characters in Five Have a Mystery to Solve, exclaimed:
Read moreCourt of Appeal rules on limitation and concealment in competition damages claim
In the recent decision of Arcadia Group Brands Ltd & Ors v Visa Inc & Ors[1] ...
Read moreCorporate tax update
Welcome to the latest edition of our corporate tax update, written by members of RPC’s Tax team and published quarterly. In this edition we highlight some of the key tax developments of interest to UK corporates from the second quarter of 2015.
Read moreMarine Insurance: Current Good Faith Rules Continue To Cause Blot On The Landscape?
We have less than twelve months until insurance contracts written under English law will be subject to the new provisions of the English Insurance Act 2015.
Read moreSuccess for taxpayer before the Supreme Court in pension scheme case
In John Mander Pension Scheme Trusts Limited v Commissioners for Her Majesty's Revenue and Custom's [1], the Supreme Court has allowed the appellant's appeal ...
Read moreTime is running out… clarity on time bar at FOS?
New DISP pro forma final response language seems to allow firms to be more confident when time barring complaints.
Read moreTime is running out… clarity on time bar at FOS?
New DISP pro forma final response language seems to allow firms to be more confident when time barring complaints.
Read moreMEES: The legal implications
The Minimum Energy Efficiency Standards regulations (MEES) will implement legislation that could make the potential benefits of "being green" tangible.
Read moreArticle 29 Working Party keeps up the pressure on data reform discussions
The EU data protection reform package has entered its decisive phase. The first trilogue between the European Parliament, the European Commission and the Council of Ministers began on 24 June 2015 but, even at this late stage, there are many key concepts still to be finalised.
Read moreSeptember 2015- New GAP Insurance Rules out
On 1 September, new rules on GAP insurance come into force.
Read moreRegulatory censure of the Co-op really does send a message
The FCA and PRA jointly censured The Co-operative Bank plc for various regulatory breaches.
Read moreVAT update
HMRC Brief 10/2015 clarifies VAT treatment of direct marketing supplies using printed matter
Read moreFX market manipulation claims: ongoing developments
Recent settlements give impetus to claims
Read moreSearching Requirements when applying for Search Warrants
The Divisional Court (Davis LJ and Hickinbottom J) has confirmed, in [2015] EWHC 1283 (Admin), that state agencies applying for search warrants have a duty to make full disclosure to the court and the court should take an inquisitive approach when considering any such application.
Read moreThe Catalyst effect: ping pong between the FCA and Upper Tribunal?
The recent judgment of the Upper Tribunal in relation to the conduct of two directors of Catalyst Investment Group Limited serves as a reminder to those working in the financial services sector about the potential ramifications for individuals should consumers be misled.
Read moreTianjin explosions leave insurers exposed to claims
On 12 August 2015, multiple explosions occurred in the Chinese city of Tianjin, a major industrial port and goods gateway to Beijing.
Read moreTransparency by design – putting FOIA at the forefront of public sector outsourcing contracts
Earlier this year, the Information Commissioner's Office (ICO) published a guidance document recommending some steps for public authorities (Authorities) to take when entering into outsourcing arrangements to help them comply with their freedom of information obligations.
Read moreTaxpayer's application to have HMRC's winding-up petition dismissed fails due to lack of evidence
In Winnington Networks Communications Ltd v HMRC[1], the Chancery Division Companies Court (Nicholas Le Poidevin QC) refused the taxpayer company's application to have HMRC's winding-up petitions dismissed ...
Read moreModern slavery – what will you be declaring from this October onwards; and how will you be ensuring that actions and words align?
Much of the news of the last couple of weeks has been dominated by the migrant situation in Calais and the knock-on effect this side of the tunnel.
Read moreCourt confirms its wide discretionary power to extend time in consent orders
In Safin (Fursecroft) Limited v The Estate of Dr Said Ahmed Said Badrig (Deceased)[1], the Court of Appeal considered the principles that apply to an application for extension of time for compliance with obligations set out in a consent order.
Read moreReminder: new GAP insurance rules in force from 1 September 2015
The FCA's new rules on the sale of Guaranteed Asset Protection (GAP) insurance will come into force in a fortnight's time on 1 September 2015.
Read moreService charge interpretation and the cautionary tale of Arnold v Britton
In the recent case of Arnold v Britton[1], the Supreme Court considered the meaning of a service charge clause in a long lease which would result in the tenant paying service charges of over £550,000 per annum by 2072.
Read moreNo relief for late commencement of arbitration
Once upon a time, if one was unfortunate enough to miss a contractual, as opposed to statutory, time limit for commencing arbitration, relief could be sought and often obtained from the High Court under Section 27 of the Arbitration Act 1950.
Read moreFCA's new referral criteria: Are they really that transparent?
An updated set of enforcement referral criteria has been published by the FCA in response to recommendations made by HM Treasury at the end of last year.
Read moreBusiness Rates: Don't pull the Woolway over your eyes
A recent Supreme Court decision on business rates had the RPC Real Estate team talking, and not just because it related to our second & sixth floor neighbours, Mazars.
Read moreCourt of Appeal rejects HMRC's appeal and application for a stay in judicial review proceedings
The Court of Appeal (Arden LJ, Black LJ and Floyd LJ) recently confirmed the circumstances in which the Court will exercise its case management powers and grant a stay where a taxpayer is pursuing both an appeal before the First-tier Tribunal ("FTT") and judicial review ("JR") proceedings in the Administrative Court.
Read moreThe risk of a pyrrhic victory for claimants relying on damages clauses for the calculation of compensation in the absence of actual loss
The Supreme Court has handed down a unanimous decision which confirms that clauses which provide a contractual mechanism for the calculation of damages remain subject to standard rules of construction.
Read moreAsos Supreme- what will a change in the law mean?
Earlier in April, we wrote an article on the Court of Appeal decision in the Assos v Asos trade mark dispute.
Read moreLive to Work or Work to Live
“But what are the hours really like?” is a question that all trainees have been asked at some point, either by fresh faced law graduates sizing up the right firm for them, or by colleagues in other seats assessing their next move.
Read moreFinancial Advice Market Review – Bridging The "Advice Gap"?
HM Treasury have embarked on what they call a "major new review to radically improve access to financial advice".
Read moreComplaints handling: Key amendments announced by the FCA
Our recent blog highlighted the key changes made to DISP rules by the ADR Directive.
Read moreThe better part of discretion is – an implied term?
In Portsmouth City Council v Ensign Highways Ltd [2015] EWHC 1969 (TCC), the High Court implied a term imposing limits on a party's contractual discretion, ...
Read moreHong Kong: legal advice privilege – important development for corporates
In an important judgment, the Hong Kong Court of Appeal has recently decided that legal advice privilege (often referred to as “solicitor-client” or “attorney-client” privilege) can extend to confidential internal communications ...
Read moreHigh Court dismisses investors' judicial review challenge to the legality of APNs in Rowe and Others v HMRC
The eagerly awaited judgment of the Administrative Court (Mrs Justice Simler) in Nigel Rowe and Others v HMRC[1], was handed down last Friday.
Read moreThe Scotland Bill - a soon to be taxing issue
The Scotland Bill, is currently making its way through the legislative process and many of its powers will come into force at the start of the next tax year.
Read moreLord Justice Jackson tackles Costs Management
The post-Jackson costs management regime celebrated its second birthday earlier this year.
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