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HMRC 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.
Read moreCocaine Haul Leads to Limitations on War Risk Exclusion
It is a sad fact that drug traffickers like to use ocean-going vessels to help them move their product.
Read moreMerry Christmas from the FOS
With the festive season upon us, the FOS has taken the opportunity to spread some Christmas cheer by reminding everyone of the possible problems that can arise at this time of year, including "faulty presents, storm damage, broken boilers and even a spoilt surprise."
Read moreThe beginning of the end to mis-selling claims?
Mis-selling of interest rate products to unsophisticated customers has been the subject of intense regulatory scrutiny, with the banks paying out over £1.5bn to around 10,000 customers in the course of the Financial Conduct Authority's Interest Rate Hedging Product Review which began in May 2013.
Read moreFinancial Reporting has received its fair share of column inches in recent weeks
Headlines have, for obvious reasons, been grabbed by issues with Tesco's financial reporting. Indeed, the fallout from the scandal is still being felt -
Read moreDefend and submit: Challenging the jurisdiction of the Court
A defendant who wishes to challenge the civil jurisdiction of a Hong Kong court should not file and serve a defence pending the outcome of the challenge.
Read moreOut of the frying pan, back to a FIRE economy…
We have just come through the 'Great Recession' where between 7 – 8% of our national GDP was wiped out and we witnessed the first true existential crisis of our current capitalist system.
Read more2014 – The year that was
Seasonal greetings to all of our readers! 2014 has been another busy year for the RPC Tax Take team.
Read moreHow far will the FCA stretch FIT?
Yesterday's Burrows final notice is a further sign that the FCA will look at the personal conduct of Approved Persons outside of their roles in financial services in order to assess their fitness and propriety.
Read moreOccupy Central: Civil disobedience and civil remedies
The "Occupy Central" movement in Hong Kong has involved large numbers of protesters occupying major roads in Hong Kong, particularly in the areas of Admiralty (on Hong Kong Island) and Mong Kok (on the Kowloon Peninsula).
Read moreSenior insurer managers – all change!
The Prudential Regulation Authority (PRA) has recently announced proposals for a new regime for "senior insurance managers", designed to reflect Solvency II governance requirements.
Read moreDiva's trade mark fever – Rihanna bolsters brand with new applications
Having already succeeded in protecting the use of her image in the English High Court Rihanna has now taken steps to broaden the protection of her brand with the filing of 12 separate trade mark applications at USPTO for the word FENTY in conjunction with other words including apparel, beauty, clothing and lingerie.
Read moreWould you like fries with your happy deal? – Moschino and McDonalds unveil unlikely licensing deal
When Italian fashion house Moschino unveiled their A/W 14 Collection it turned heads in an unlikely sector… the legal sector.
Read moreSingapore High Court allows extension of time in collision case despite multiple opportunities to arrest.
Following a collision between ORINOCO STAR and MELODY in Nigerian waters on 20 June 2011 and subsequent unsuccessful settlement negotiations between the parties, owners of the vessel MELODY issued a writ and proceeded to arrest ORINOCO STAR on 6 December 2013.
Read moreA blue print for brand protection – CJEU approves Apple's trade mark for store layout
The Court of Justice of the European Union (CJEU) has recently held in Apple Inc v. Deutsche Patent-und Markenamt that the representation of a layout of a retail store may be registrable as a trade mark under Articles 2 and 3 of the Trade Marks Directive (Directive 2008/95/EC).
Read moreTribunal adopts a literal interpretation of the provisions in allowing the taxpayer's appeal
In Philip Shirley v HMRC, [1] the First-tier Tribunal (Tax Chamber) (FTT) concluded that a provision in a statute rewritten as part of the Tax Law Rewrite Project should be literally interpreted as the wording in question was clear and unambiguous.
Read moreSFO makes first use of Bribery Act in prosecution for fraudulent UCIS
The SFO's recent prosecution in relation to a fraudulent UCIS ...
Read moreSFO makes first use of Bribery Act in prosecution for fraudulent UCIS
Earlier this week three individuals were sentenced at Southwark Crown Court following the first prosecution by the SFO under the Bribery Act 2010.
Read moreThe Commercial Court assesses the power and limitations of "Chabra" jurisdiction
The Commercial Court has recently considered[1] that it did not have jurisdiction to grant a freezing order to assist in the enforcement of an arbitration award against subsidiaries of the first defendant, which were incorporated outside the jurisdiction and had no assets or other presence in England.
Read moreHMRC's information notice was too vague
This case saw the First-tier Tribunal (Tax Chamber) (FTT) uphold the appeal of the taxpayer against penalties imposed by HMRC for non-compliance with an information notice issued by HMRC pursuant to paragraph 1, Schedule 36, Finance Act 2008 (the Information Notice).
Read moreVestergaard – creating another buzz
This long-running case [1] has now reached a finale – a High Court decision on the assessment of damages, handed down in October 2014.
Read moreSaved by the Cap: Third Party Costs Order
On 30 June 2014 judgment was handed down by Mrs Justice Rose in Swynson Limited v Lowick Rose LLP (in liquidation)[2014] EWHC 2085 (Ch).
Read moreEnsuring the end of terror?
Last week, the Counter-Terrorism and Security Bill was published, so providing the detail behind Theresa May's bid to outlaw insurers from indemnifying ransom payments to terrorists.
Read moreAn uneasy contrast for the FCA – balancing commercial drive with cultural reform
Yesterday's speech delivered by Martin Wheatley has reinforced the FCA's increasingly more collaborative approach to its engagement with financial services firms.
Read moreEntitlement to inheritance claim not within the "wills and succession" exclusion under Article 1(2) of the "Brussels I" Regulation on jurisdiction and enforcement
The High Court has recently dismissed a tortious claim[1] for conspiracy to deprive the claimant of inheriting her late father's shares on the basis that it had no real prospect of success.
Read morePutting all your eggs in one frozen basket
Doggy day-care, unlimited holidays, and personal trainers – some companies offer their lucky employees perks which see the rest of us stare into our pre-eight-thirty porridge in a jealous rage.
Read moreConduct Risk Briefing offers wealth managers insights into regulator's thinking
'Source of wealth' is key.
Read moreHMRC mislead appellants into believing they have a remedy in the Tribunal in contractual settlement dispute
In Morris and another v HMRC,[1] the First-tier Tribunal (“the FTT”) has confirmed that it does not have jurisdiction to determine a dispute relating to the correct valuation of assets which were the subject of a contractual settlement with HMRC.
Read moreBroker M&A –how far does your indemnity go?
A recent case in the High Court has demonstrated how a court may construe a contractual indemnity in the context of broker M&A.
Read moreThreats in the spotlight
Threats provisions remain an area of great interest and debate for many intellectual property specialists and the recent case of Cassie Creations Limited v Simon Blackmore and Mirrorkool Limited [2014] EWHC 2941 has again placed threats and their commercial application into the spotlight.
Read moreProposed reduction in solicitors' PII cover rejected
The Legal Services Board has today refused the Solicitors Regulation Authority's proposed reduction in the minimum level of professional indemnity insurance cover from the current level of £2m to £500,000.
Read moreFCA report on complaints handling more optimistic than many feared
The FCA has finally published its report on its review of consumer complaint handling at 15 major retail financial services firms.
Read moreOW Bunker update – Hong Kong company applies for winding-up
Hong Kong Court records available publicly today show that a Petition was presented last Friday to wind up O.W. Bunker China Ltd (a Hong Kong company).
Read moreSuited. Booted. Recruited?
As Alex Hitchens in 'Hitch', Will Smith told us that "clothes make the man". Well-dressed though he is, Will Smith did not come up with this idea on his own.
Read moreDefendant which unreasonably refused to mediate escapes costs sanctions
When considering costs and exercising its discretion under CPR 44.2, the court has regard to all the circumstances including the conduct of the parties before as well as during the proceedings.
Read moreHMRC'S APPLICATION FOR SECURITY FOR COSTS REFUSED
HMRC'S APPLICATION FOR SECURITY FOR COSTS REFUSED - GSM EXPORT (UK) LTD (IN ADMINISTRATION) AND ANOTHER v HMRC[1]
Read moreHMRC's application for security for costs refused
HMRC'S APPLICATION FOR SECURITY FOR COSTS REFUSED - GSM EXPORT (UK) LTD (IN ADMINISTRATION) AND ANOTHER v HMRC[1]
Read moreBunker disputes – Bankruptcy of OW Bunker A/S and associated companies
We are receiving numerous enquiries regarding the fallout from the bankruptcy of OW Bunker A/S and certain associated companies.
Read moreInjunctions - when will the court order fortification of a cross-undertaking in damages?
The Court of Appeal endorsed for the first time the accepted criteria that must be satisfied before the court can order an application for fortification of a cross-undertaking in damages in EVP v Malabu Oil.[1]
Read moreDefendant which unreasonably refused to mediate escapes costs sanctions
When considering costs and exercising its discretion under CPR 44.2, the court has regard to all the circumstances including the conduct of the parties before as well as during the proceedings.
Read more"Time's up" – limitation for a claim against a valuer
In a decision handed down last week, the court has provided further guidance on the limitation position for claims against surveyors.
Read moreNo anti-suit injunction for parties not subject to an arbitration agreement
The importance of drafting arbitration agreements carefully and precisely has been highlighted by the Commercial Court when it rejected an application for an anti-suit injunction restraining New York court proceedings in favour of arbitration[1].
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