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Appeal court considers constructive knowledge in limitation period extension claim
The Court of Appeal* has recently held that an individual investor was too late to bring a claim in negligence and could not take advantage of the provisions of section 14A Limitation Act 1980 as she had constructive knowledge of relevant facts ascertainable during the primary limitation period.
Read moreScraping the bottom of the barrel? The uncertain future of the UK energy industry after the 2015 election
Before the Scottish independence referendum, Alex Salmond argued that an independent Scotland would benefit from a stronger economy off the back of its oil and gas resources.
Read moreExpert witnesses required to disclose professional relationship
In the recent case of EXP v Dr Charles Simon Barker [2015] EWHC 1289 (QB), the High Court has emphasized the importance of the independence of expert witnesses and of disclosing any conflicts of interests at the earliest opportunity.
Read moreFOS by numbers
The FOS has published its 2014/15 annual review, setting out a plethora of fascinating statistics about the service.
Read moreSection 14A: Equity aids the vigilant!
The recent Court of Appeal case of Chinnock –v- Veale Wasbrough [2015] EWCA Civ 441 is a stark reminder to potential claimants to seek a second opinion if they are dissatisfied with their legal advice, or risk the consequences.
Read moreNew law and regulation adding to insurers' regulatory woes
The publication of the FCA's report on the impact of consumer credit regulation on the retail general insurance market adds another interesting dimension to a sector already under increasing regulatory scrutiny following recent legal developments, such as the imminent coming into force of the Insurance Act 2015.
Read moreStill no joy for investors' mis-selling claims
In the latest alleged mis-selling case in Hong Kong, the Court of First Instance maintained a consistent approach with other recent cases, rejecting an investor's claim based on misrepresentation and suggesting that the principle of contractual estoppel is alive and well.(1)
Read moreMarketing to professional investors – the Court of Final Appeal's verdict
In Securities and Futures Commission v Pacific Sun Advisors Ltd, the Hong Kong Court of Final Appeal recently ruled that the advertisement of a collective investment scheme intended to be disposed of only to professional investors ...
Read moreFCA Authorisation team should share its findings from P2P applications
The FCA's authorisation process is quite opaque and does not give the regulator much latitude to comment upon individual applications.
Read moreSpot the Difference? Uncertainty continues for SIPP administrators and trustees in the wake of the Berkeley Burke decision
Please see our latest legal alert following the recent Pensions Ombudsman decision on the duties of SIPP Trustees when it comes to SIPP investments.
Read moreFCA finds shortcomings in premium finance services to insurance market
The FCA published earlier this week its thematic review report on the provision of premium finance to retail general insurance customers.
Read moreDigital content under the new Consumer Rights Act
The Consumer Rights Act 2015 (CRA) comes into force on 1 October 2015. It will reform consumer law in the UK, in particular by setting up new consumer rights and remedies in respect of digital content.
Read moreEuropean Commission announces a Digital Single Market by 2016
On 6 May 2015, the European Commission released its Digital Single Market Strategy (DSMS) for Europe.
Read moreTribunal orders HMRC to pay taxpayers' costs in avoidance case
In our blog of 3 July 2014, we reported on the decision of the First-tier Tribunal ("FTT") in R, A and M Gardiner v HMRC[1].
Read moreFCA approval times for firms expanding into new business lines up by 85% in two years
Based on information obtained from the FCA the time taken to authorise a financial services business adding an additional business line has increased by 85% in the last two years - 18.5 weeks in Q4 2014, up from 10 weeks in Q1 2013.
Read moreDiverted Profit Tax - captive insurers
Following on from our earlier blog, the HMRC has published interim draft guidance which expands on how the Diverted Profit Tax (DPT) may apply to insurance arrangements, including a number of sector-specific scenarios.
Read moreRussell Brand v Katie Hopkins
Whether we like it or not, celebrities can wield a great deal of power and influence; on the clothes we wear, the films we see or the products we buy.
Read moreCourt of Appeal issues guidance on the meaning of "sham" in pension scheme case
In R v Quillan and others [2015] EWCA Crim 538, a complex fraud case, the Court of Appeal, in ruling that there was no case to answer, provided some helpful comments on the requirements of "sham".
Read moreWe have all the time in the world: the Supreme Court rules that a wife can pursue a financial settlement from her husband 23 years after they divorce
The Supreme Court recently week handed down its decision in Wyatt v Vince, a case which has troubled both the headlines and anyone that divorced in the last decade or two.
Read moreGood Russian Service
Following the decision in Sloutsker v Romanova[1], it should now be more difficult for parties to evade the effective service of English court documents in Russia.
Read moreCarry On Constitution…
Vote on Election Day, then wake up to a new Government and new Prime Minister. That's what people in this country have been used to for the best part of 150 years.
Read moreThe National Health Service: Protecting Britain’s most precious asset
With the general election now imminent, the hot topic of the NHS is being discussed more than ever before. Which party will protect it the best? Does it need to change? Read on to see!
Read moreThe GC Excellence Report
More GCs aspire to roles on the board of their companies than ever before.
Read moreInnovation in law
At RPC we believe that the ability and willingness to innovate is crucial to remaining competitive in the modern legal environment.
Read moreThe changing role of General Counsel
The role of the General Counsel (GC) in the modern business has changed immeasurably in the years since the financial crisis took hold.
Read moreGeneral Counsel – A Changing Role In A Changing World
Increasingly I realise just how easy some of us in private practice have it compared to General Counsel (GC) and in-house lawyers.
Read moreA GC as business leader
It’s already an accepted fact that the role of the general counsel has changed fundamentally, particularly in the years since Lehmans crashed.
Read moreGeneral Counsel Power List
The publication of Legal Business' list of top 100 General Counsel – their Power List – is a real mark in the sand for the changing role that GCs play within their organisations.
Read moreAttest in haste, repent at leisure
The FCA has recently published another final notice issued to a large bank arising from LIBOR-related misconduct.
Read moreUK cyber security: insure against 'rapid, highly damaging and public' threats
Cyber attacks present a daily threat to UK businesses and have become more destructive in recent years with data breaches and hacks frequently making front page news.
Read moreThe Election: Getting the female vote
Despite women making up 52% of the electorate women are significantly less likely to vote than men - 55% of women are certain they will vote compared to 65% of men.
Read moreA test of skill
Last week, the Administrative Court granted permission to judicially review the s.166 process for reviewing redress awarded as part of the interest rate hedging product scheme.
Read moreContractual notice of warranty claim
In The Hut Group Limited v Nobagar-Cookson[2], the High Court considered what was required to comply with a provision in a share purchase agreement requiring notice to be given of a breach of warranty claim.
Read moreThe future of "Safe Harbour"
The future of the “Safe Harbor” is uncertain. Questions about its effectiveness have been brought to the fore in the wake of the privacy and data security scandal that followed Edward Snowden’s revelations about surveillance by US government agencies.
Read moreSize doesn't matter: regulating "big data" in a "small data" world
Big data is everywhere. Once the preserve of innovators and technology entrepreneurs, big data analysis is now routinely used by a wide range of public and private sector organisations. It’s a tool for planning, resource management and gaining competitive advantage.
Read moreCompensation for "distress-only" claims under DPA
In an important ruling, the Court of Appeal confirms that the cause of action for misuse of private information is a tort and rules on the meaning of “damage” under s13 of the Data Protection Act, allowing claimants to recover compensation for “distress” resulting from a breach of the Act without also having to prove pecuniary losses.
Read moreWho's paying (and voting) for Employment Tribunal fees?
It's about politics. So, what three-word issue links the UK's relationship with the EU, public service funding, gender equality and immigration?
Read moreBurden of proof for information notices on taxpayer
In the recent case of Joshy Mathew v HMRC [2015] UKFTT 139 (TC), the First-tier Tribunal (Tax Chamber) ("FTT"), considered where the burden of proof lies for establishing whether documents or information is "reasonably required", for the purposes of paragraph 1(1), Schedule 36, Finance Act 2008.
Read moreCFAs continue for insolvent companies
In April 2013, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) came into force, making the success fee applied to a Conditional Fee Arrangement (CFA), and the After the Event (ATE) insurance premiums, irrecoverable by a successful party to litigation proceedings.
Read moreHigh Court considers iniquity exception for disclosure of privileged documents
In the case of London Borough of Brent v Kane, the court considered an application for the disclosure of legal advice that was alleged to have been given for an iniquitous purpose such that the benefit of any privilege that might otherwise have attached to the document was lost.
Read moreThe rise of the food bank: society in action
The existence of, and the ever increasing reliance upon, food banks is an issue which has oft been mooted during the run up to the election with Jeremy Paxman ...
Read moreJustice for taxpayer where tax charge "repugnant to common fairness"
The Upper Tribunal of the Tax and Chancery Chamber has upheld a taxpayer's appeal against a £383,000 tax charge which potentially left him facing bankruptcy.
Read morePyrrhus defeats the FCA
The Upper Tribunal has directed the FCA to prohibit former insurance broker Stephen Allen from performing any function in relation to a regulated activity.
Read moreCharterparty arbitration clauses: too much of a good thing?
It is a fact of commercial life that, at least with the benefit of hindsight, contracts are not always drafted clearly.
Read moreGet your 'om' back
You may have read Sarah Carmichael's 2014 article 'Are you sitting comfortably' on the dangers of having a predominantly sit-down job. For those of you who didn't instantly hand in your notice and take up a job landscape gardening, there is good news: yoga.
Read moreBringing EU regulation home – a sign of things to come?
A short recent judgment is a reminder of the need for financial institutions to keep an eye not only on what their home regulator is doing, but also European regulators.
Read moreAs seen at CofA – split decision on 'own name' in Assos v Asos
The Court of Appeal has held that use of the ASOS brand by the well-known online clothing retailer, Asos, created a likelihood of confusion with and damaged the distinctive character of the earlier ASSOS Community Trade Marks owned by Assos, the specialist cycle clothing retailer, but Asos could nonetheless rely on the 'own name' defence to avoid trade mark infringement.
Read moreHigh Court dismisses negligence claim as taxpayer did not stand up to tax authority!
Law firm Baker & McKenzie LLP (the "Tax Advisers") have successfully defended a claim brought against them for losses arising out of negligent tax advice.
Read moreEnforcing jurisdiction agreements in the EU – Brussels casts out "abusive litigation tactics"
Disputes over jurisdiction (i.e. where a claim is heard and determined) are commonplace in shipping and international trade.
Read moreCourt of Appeal opens the door to 'distress-only' data breach claims where no financial loss
In an important ruling, the Court of Appeal confirms that misuse of private information is a tort and rules on the meaning of "damage" under s13 of the Data Protection Act ("the DPA"), allowing claimants to recover compensation for "distress" resulting from a breach of the Act without also having to prove pecuniary losses.
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