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Tax avoidance scheme succeeds before the Upper Tribunal
In Tower Radio Limited and another v HMRC[1], the taxpayers successfully utilised a scheme which was designed to take advantage of Part 7 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA).
Read moreICO fines online travel insurer £175,000 for failing to keep customers’ personal information secure
The Information Commissioners Office (the “ICO”) has fined Staysure.co.uk Limited (“Staysure”), an online travel insurance company, £175,000 for its failure to comply with the seventh data protection principle, after IT security failings allowed hackers to access up to 100,000 customer financial records.
Read morePensions Freedoms and the Second Line of Defence – some flesh on the bone
In late January the FCA issued a Dear CEO letter to pension providers, proposing new protections to be provided to consumers seeking to access their pension pot when the new pension freedoms are introduced from 6 April 2015.
Read moreTaxpayer successfully relies on human rights argument to defeat HMRC following the taxation of the same profits twice
The appellant, in Ignatius v HMRC[1], has successfully fought off an attempt by HMRC to strike out his appeal, by relying on the European Convention on Human Rights ("ECHR").
Read moreSenior insurance managers regime – proposals for NEDs
Last year, we reported on proposals for a new senior insurance managers' regime ('Senior insurance managers - all change!').
Read moreShared parental leave: switching the boardroom for baby care
Nick Clegg’s new baby - shared parental leave - has been born and, would-be dads, it means you can now spend almost a year off work with your bundle of joy. Why then, are you all so keen to stay at the office?
Read moreAn uncharacteristic appeal: Ocean Victory decision reversed
Charterers (and their insurers) concerned by the first instance decision in The "Ocean Victory" may rest a little easier following the successful appeal which saw Daiichi Chuo overturn a judgment of over US$130 million against them.
Read moreA step closer to ring-fencing of banking activities?
The Government has taken some tentative steps towards ensuring ring-fenced banks cannot become liable for the pension schemes of other entities.
Read moreThe fraudsters are back – they never left!
In July 2014 we warned about fraudsters targeting solicitors to gain access to their client account
Read moreScheming for foreign companies
In the recent case of Re LDK Solar Co Ltd,(1) Justice Lam considered the approach that the court should take in deciding whether to invoke its jurisdiction to approve an arrangement or compromise between a foreign company and its creditors or members.
Read moreHigh Court criticises HMRC's conduct and compels it to honour its undertakings
The published judgment in Abbey Forwarding[1] will not make for comfortable reading for HMRC.
Read moreApps: regulators globally push for data transparency
“Not in front of the telly: Warning over ‘listening’ TV”.
Read more"Horse play" – Tribunal concludes that racehorse ownership was a gamble and not a trade and rejects the taxpayer's loss relief claim
In recent years, there has been a seemingly unending string of cases relating to whether certain activities constitute trading.
Read moreTaking the parody?
In October last year, the time honoured British tradition of taking the mickey became enshrined within our legal system as the law was updated to include a parody exception to copyright infringement.
Read moreUK VAT changes following Skandia decision
On Tuesday this week, HMRC confirmed a change to the UK VAT treatment of intra-entity supplies of services, from 1 January 2016.
Read moreCivil Appeals - one shot as of right only
The right of appeal to the Court of Final Appeal (CFA) with respect to final judgments of the Court of Appeal amounting to HK$1 million or more has been repealed as of 24 December 2014.
Read moreHigh street consumers grant HMV a second chance
Music and entertainment retailer HMV has posted a 17.5 percent increase in sales for 2014, making it the UK's biggest seller of physical music and signalling a triumphant comeback following its decline into administration in 2013.
Read moreSFC provides further guidance on Corporate Professional Investor Regime
As noted in my blog dated 3 October 2014 concerning the SFC's conclusions on professional investors and client agreements (link), the SFC is looking to enhance the protection afforded to professional investors who are not institutional investors.
Read moreA perk too far?
Tech companies have become known for their unconventional benefits packages, which seem to attract envy and disdain from the general public in equal measure.
Read moreOut of court settlement may lead to adjustment in CGT liability
The Court of Session has found in favour of the taxpayer in Sir Fraser Morrison v HMRC[1] ...
Read moreAn Enterprising look at survey evidence
True to form, Mr. Justice Arnold's recent judgment in Enterprise Holdings Inc v. (1) Europcar Group UK Limited (2) Europcar International SASU [2015] EWHC 17(Ch) runs to an extensive 227 paragraphs.
Read morePI Insurer Liable to indemnify firm of solicitors in respect of loans made to its clients by a finance company
The Court of Appeal has this week handed down its decision in Impact Funding Solutions Ltd v Barrington Support Services Ltd, which is a case that has sparked a lot of interest since the first instance judgment was delivered back in December 2013.
Read moreSharing is caring (with a fee)
Sleeping on a stranger’s sofa; sharing a ride; borrowing a dog for the day. These seem like rather strange concepts, but they are all examples of a huge new "sharing economy" where people rent beds, cars, boats and other assets directly from each other via the internet.
Read moreNew powers to audit NHS authorities' data protection compliance
From 1 February 2015, the ICO will be able to subject public healthcare organisations to compulsory audits of their data protection compliance under section 41A of the Data Protection Act 1998.
Read moreHigh Court considers jurisdiction over non-EU defendant in proceedings also including domestic defendants
The decision in Jong v HSBC Private Bank (Monaco) SA and others[i]serves as a useful reminder that the Court will be guided by the substance, and not the form, of proceedings when considering questions of jurisdiction.
Read moreNo discretion to extend time to appeal registration of foreign judgments
In Taylor-Carr -v- Howkins & Harrison LLP[1], it was held that the English courts have no power to extend the time for appealing against the registration of a foreign judgment under Council Regulation 44/2001, which permits judgments in one member state to be enforced in another.
Read moreFTT decision pays dividends for Mr and Mrs Jones
In Richard Jones, Julie Jones v HMRC[1], the First-tier Tribunal (Tax Chamber) (FTT) has decided that the owners of an insolvent recruitment consultancy do not have to pay employment taxes in respect of dividends paid to them which they subsequently reclassified as salary.
Read moreCosts warning: unreasonable incurred costs could reduce overall budget
The recent Judgment of Steven Redfern v Corby Borough Council [2014] EWHC 4526 (QB) is one of the first reported appeals against a decision by a Master in relation to a Costs Management Order.
Read moreIs that your final answer? – FCA introduces "second line of defence" ahead of pension freedoms
In a 'Dear CEO' letter to pension providers published on Monday the FCA set out new protections that will constitute a "second line of defence" for customers seeking to access their pensions.
Read moreBrrr! Office chills getting you down? Why office temperature is a burning issue for business
Winter has settled in across the country and found its way into our workplace. Colourful sweaters, scarves and gloves adorn the office floor.
Read moreInjunctions: Hearsay evidence and dissipation risk considered
The case of JSC Bank & anor v Sergei Pugachev[1] serves as a useful reminder of the need to take care with the use of hearsay evidence and the standard and evidence required of the dissipation of assets.
Read moreLEO's future to include Third Party complaints
The Office for Legal Complaints board meeting before Christmas revealed that there is potential for redress for third parties as long as complaints could be 'clearly and tightly defined'. Currently, the Legal Ombudsman will only consider complaints made by a firm's direct client.
Read moreCompareasolicitor.com: Simples?
The SRA has announced that soon law firms may be featuring on comparison websites. The SRA is currently collating information about law firms for use on such websites.
Read moreSimplified, retrospective and still inconsistent
Despite laudable aims, yesterday's FCA guidance on what constitutes regulated advice was published alongside a report on the (perceived) retrospective application of rules ...
Read morePortfolio Transfers in 2015 - PRA Update
On Wednesday, the PRA set out its approach to Part VII transfers for insurance business for the rest of 2015.
Read moreCJEU confirms UK failed to comply with EU law by retroactively curtailing rights of taxpayers to recover tax unlawfully paid
The European Commission has succeeded in obtaining a declaration from the CJEU that the UK Government failed to comply with its obligations, under Article 4(3) of the TEU, by retroactively curtailing the right of taxpayers to recover tax levied contrary to European law.
Read moreIP Alert: Court of Appeal confirms Rihanna's image protected under the 'umbrella' of passing off
The Court of Appeal has today dismissed fashion retailer Topshop's appeal[1], confirming that Topshop's unauthorised use of an image of the famous pop star, Rihanna, amounted to passing off.
Read moreModified Universalism – Privy to Singular Clarification
While most jurisdictions provide liquidators with wide investigative powers to locate and realise assets locally, the exercise of such powers becomes more complicated when the assets are situated overseas.
Read moreAnnual Insurance Review 2015
Landmark insurance law reform and dealing with economic recovery which remains gradual
Read moreAnnual insurance review
I am happy to inaugurate the Corporate Insurance Hub for 2015 with RPC's annual round-up of the key legal developments in 2014. I trust you find this useful, and we look forward to keeping you informed throughout the year.
Read moreIt's just not plane sailing
"The world inhabited by airlines is a glamorous one and starting your own airline has never been easier".
Read moreHMRC Dishonesty Allegation "seriously flawed"
The First-tier Tribunal (Tax Chamber) ("FTT") has ruled, in Citibank NA v Revenue and Customs Commissioners[1], that HMRC's pleadings were "seriously flawed".
Read moreFCA takes a long hard look at how insurance brokers manage the risks of bribery and corruption…
Could do better, reports the Financial Crime team of the FCA on the cohort of commercial brokers who were subject to the recent thematic review on managing bribery and corruption risks (TR14/17).
Read more'Many eyes' approach to sanctions compliance
The many eyes approach to sanctions compliance in the Lloyd's market is not just for managing agents but useful guidance for all.
Read moreMareva Injunctions – Substance and Form
Recent cases in Hong Kong highlight a need to exercise care when applying for a mareva (freezing assets) injunction before trial.
Read moreTribunal sets aside witness summonses due to misrepresentation and failure in duty to make full and frank disclosure to the Tribunal
An interesting decision has recently been issued by the First-tier Tribunal (Tax Chamber) ('FTT') in connection with an application to set aside the issue of witness summonses which had been issued to two individuals who were resident in Jersey[1].
Read moreA landmark decision for brand owners: Court rules ISP blocking orders extend to trade mark rights
The High Court [1] has recently granted Richemont a blocking order requiring the five largest ISPs in the UK to prevent access to various third party websites from advertising and selling goods which infringe Richemont's trade mark rights.
Read moreChickens coming home to roost: SFO's first conviction of a company for bribery after contested trial
Hot on the heels of the SFO's first conviction under the Bribery Act 2010, discussed in George's post, and just as some of us were disappearing for a Christmas break...
Read moreComplaint trends for 2015
The FOS yesterday published its 2015/16 budget consultation. In short, we can expect more of the same.
Read moreThe claimants that knew too much: High Court rules on applicability of concealment provisions in Limitation Act 1980 in competition damages claim
The Arcadia Group[1] case arose in the context of ongoing damages claims brought by a number of retailers and other merchants against both Visa and MasterCard for breaches of competition law in relation to the charging of interchange fees in the Visa and MasterCard payment systems.
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