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Publication

The Week That Was - 17 December 2021

Published on 17 December 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Blog

First English judgment on the ‘Duty of Fair Presentation’ under the Insurance Act 2015

Published on 17 December 2021. By Catherine Percy, Partner

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Berkshire Assets (West London) Limited v AXA Insurance UK plc [2021] EWHC 2689 (Comm) High Court of Justice Queen’s BenchDivision Commercial Court This judgment of the High Court Queen’s Bench Division provides a welcome analysis of how the courts will approach a policyholder’s breach of the ‘Duty of Fair Presentation’ under the Insurance Act 2015 (the ‘Act’).

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Blog

No best endeavours order where documents are out of party's control

Published on 16 December 2021. By Daniel Hemming, Partner and Kirtan Prasad, Senior Associate

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The High Court considered in Various Airfinance Leasing Companies & Anor v Saudi Arabian Airlines Corporation(1) whether a party could be obliged to seek disclosure from the personal mobile devices of its ex-employees (i) on the basis that documents on the phones were within the party's control; and (ii) alternatively, by using its best endeavours to seek disclosure. The application was dismissed as the court found that the documents were not within the "control" of the party as a matter of Saudi law and that there was no power to compel best endeavours to seek disclosure of documents outside a party's control.

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Blog

Does it matter if "the price is right"?

Published on 16 December 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

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The recent case of Serene Construction Ltd v Salata and Associates Ltd has offered further insight on the Courts' approach to claims against bank-appointed receivers where they are instructed to market and sell land.

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Publication

Cyber_Bytes - Issue 37

Published on 16 December 2021. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Senior Associate and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

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We hope you enjoy this latest edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Blog

The Medical Defence Union – insurance premium rebates not taxable receipts

Published on 15 December 2021. By Constantine Christofi, Senior Associate

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Insurance premium rebate does not count as a taxable receipt, but instead is merely a (non-taxable) refund to the mutual fund for the benefit of its members.

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Publication

The Matrix and the Reality of Insurance

Published on 15 December 2021. By Peter Mansfield, Partner

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1 hour, 31 minutes and 39 seconds into The Matrix, something remarkable happens. We glimpse a skyscraper, at the top of which is the single word, 'Norwich', and what looks suspiciously like the Norwich Union logo. 15 minutes and 9 seconds later, it's a different skyscraper, but this one has 'Aon'. This tells us everything we need to know about The Matrix. Literally everything.

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Publication

Financial Crime Time - Your update from RPC: 2021 Q4

Published on 13 December 2021. By Adam Craggs, Partner and Michelle Sloane, Partner and Alice Kemp, Senior Associate (Employed Barrister)

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Welcome to the latest edition of our round-up of news making the headlines in the world of financial crime and compliance. Our aim is to give you an easily digestible, bite-sized overview of issues that may affect your business.

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Publication

RPC Bites #41 – A close call for Meatless Farm, Mikkeller reprimanded over ale that appealed to under 18s and a potential blanket ban on single-use plastics

Published on 13 December 2021. By Ciara Cullen, Partner and Ben Mark, Partner

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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!!

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Publication

Sports Ticker (13 December 2021) - Crouch's review, World Rugby eligibility rules change and Discovery targets BT Sport

Published on 13 December 2021. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate

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In a fortnight which has seen Dame Louise Casey's 128-page report published on the events that occurred at this summer's UEFA EURO 2020 final and Tottenham Hotspur fixtures postponed due to a COVID-19 outbreak in the team, we feature the mutual termination of the Mercedes x Kingspan F1 partnership, World Rugby's eligibility rules change and Manchester United's share scheme plan for fans. We also discuss Tracey Crouch MP's report following the Fan Led Review of Football Governance, Discovery's swoop on the DAZN and BT Sport deal and Porsche's Gran Turismo 7 virtual car design.

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Publication

The Week That Was - 10 December 2021

Published on 10 December 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Blog

Recent judgment on ad hoc admission of overseas counsel tells of wider COVID-19 story

Published on 10 December 2021. By Samuel Hung, Partner and Jennifer Leung, Associate and James Lee, Associate

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Applications for ad hoc admission, pursuant to section 27(4) of the Ordinance, are fact dependent and the relevant legal principles are well-established.

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Blog

Updated P.R.I.M.E. Finance Arbitration Rules launched for 2022

Published on 09 December 2021. By Jonathan Cary, Partner and Jonathan Wood, Chair of International Arbitration and Olivia Dhein, Professional Support Lawyer

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P.R.I.M.E Finance, the Hague-based Panel of Recognised International Market Experts in Finance, has launched updated P.R.I.M.E Finance Arbitration Rules (the Rules), which come into force from 1 January 2022.

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Blog

Summary judgment application does not amount to submission to English jurisdiction

Published on 09 December 2021. By Jake Hardy, Partner and Joe Cresswell, Associate

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Does applying for summary judgment application before the determination of a parallel application for a stay, amount to a step in the proceedings that results submission to the jurisdiction?

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Podcast

The birth of modern life assurance (a podcast with Craig Turnbull)

09 December 2021

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Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Craig Turnbull, Senior Technical Specialist at the Bank of England, and our topic is the birth of modern life assurance.

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Publication

Hong Kong employment update - December 2021

Published on 09 December 2021. By Andrea Randall, Partner and Yuki Chiu, Associate

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Interlocutory injunction to enforce employee’s post-termination paid non-compete clause

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Blog

FCA looks to tighten up appointed representative regime

Published on 08 December 2021. By George Smith, Partner

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On Friday the FCA published a consultation paper on potential changes to the existing appointed representative (AR) regime.

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Blog

GB Fleet Hire - Upper Tribunal allows appeal against First-tier Tribunal strike out decision

Published on 08 December 2021. By Harry Smith, Senior Associate

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In a rare move, the Upper Tribunal overturned the decision of the First-tier Tribunal to strike out an appeal on the grounds that the tribunal's decision was irrational.

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Blog

Lloyd's' focus on a more sustainable future

Published on 07 December 2021. By Lauren Murphy, Associate

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Lloyd's published its first Environmental, Social and Governance (ESG) Report at the end of last year and while this is a fairly new focus area for Lloyd's it noted that: a) in its history it has a long record of contributing to communities and helping them to recover from disaster; and b) the role that insurance plays in protecting society and supporting global economic growth.

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Blog

Lloyd's' focus on a more sustainable future

Published on 07 December 2021. By Lauren Murphy, Associate

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Lloyd's published its first Environmental, Social and Governance (ESG) Report at the end of last year and while this is a fairly new focus area for Lloyd's it noted that: a) in its history it has a long record of contributing to communities and helping them to recover from disaster; and b) the role that insurance plays in protecting society and supporting global economic growth.

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Blog

Business Rates – an unpopular tax imposed in unfortunate circumstances

Published on 06 December 2021. By Elizabeth Alibhai, Partner and Catherine Young, Associate

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It is almost trite to say that retailers have had a tricky time over the last 20 months. The combination of enforced closures, and more recent supply chain difficulties and staff shortages have left them reeling. On 1 July the business rates holiday ended and, although rates will be discounted by up to 2/3rds for smaller retailers until March 2022, most will come under increased pressures. It is unsurprising that many are calling for a complete overhaul of the business rates system.

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Podcast

Blockchain: Revolutionary technology… or the perfect opportunity for fraudsters

06 December 2021

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In recent times it seems that the word crypto, and the underlying blockchain technology associated with it, is on everyone’s lips. From Elon Musk's effect on the price of Bitcoin to non-fungible tokens in the art world, the debate rages over whether blockchain will revolutionise the world or lead to the dismantling of the existing order.

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Publication

The Week That Was - 3 December 2021

Published on 03 December 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Publication

When the bough breaks...

Published on 03 December 2021. By Andrew Roper, Partner and Ally Yeandle, Associate

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When the bough breaks: Force majeure or Third Party negligence? How to identify a recovery. When trees fail, they have the potential to cause significant damage and disruption to property and businesses.

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Publication

Product law bulletin – December 2021

Published on 02 December 2021. By Gavin Reese, Partner and Mamata Dutta, Legal Director and Elinor Sidwell, Associate and Bonar Whitlock, Trainee Solicitor

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Welcome to the latest edition of our product law bulletin, this month we focus on compliance with Natasha's law, the extension of the UKCA mark deadline, the OPSS Awareness Scheme into the dangers of swallowing small high powered magnets and whether COVID-19 can cause new allergic reactions to products.

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Publication

Tax Bites - December 2021

Published on 02 December 2021. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

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Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world. As always, if there are any areas you would like more information on (or if you have any questions or feedback), please let us know or get in touch with your usual RPC contact.

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Blog

Counterfeiters beware: It all ends in tiers…

Published on 01 December 2021. By Sarah Mountain, Partner and Ellie Ward, Associate

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The UK Intellectual Property Office (IPO) recently published the 2020 – 2021 IP Crime and Enforcement Report (the Report). The Report highlights the current and emerging threats surrounding counterfeiting and is a collaboration between the IPO and the IP Crime Group (which is made up of enforcement agencies and industry representatives). The Report details the work carried out by these organisations, to prevent IP crime.

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Blog

Vitol Aviation – Tribunal directs HMRC to issue closure notices where diverted profits tax review periods are ongoing

Published on 01 December 2021.

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In Vitol Aviation UK Ltd and others v HMRC [2021] UKFTT 0353 (TC), the First-tier Tribunal (FTT) granted the Applicants' application for closure notices in respect of corporation tax enquiries, notwithstanding that the review periods for diverted profits tax (DPT) notices were ongoing in respect of the same accounting periods.

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Podcast

The role of an in-house lawyer (a podcast with Will Bloomer)

30 November 2021

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Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Will Bloomer, Chief Corporate & Legal Affairs Officer at Howden Group and we will be discussing the role of an in-house lawyer in the insurance market.

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Publication

Lawyers Covered - November 2021

30 November 2021

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Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Publication

Lawyers Covered - November 2021

30 November 2021

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Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Publication

Customs and excise quarterly update - November 2021

Published on 30 November 2021. By Adam Craggs, Partner and Michelle Sloane, Partner

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In this update we report on (1) the revised timetable for border controls on imports from the EU; (2) regulations regarding the new Freeports; and (3) updates to safety and security requirements on imports and exports from the EU. We also comment on three recent cases relating to (1) time limits and procedural requirements in a customs context; (2) whether UK acquisition VAT can apply when a bonded warehouse is not located in the UK; and (3) the tariff classification of mastectomy bras.

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Blog

Increased penalty for employers who employ overstayers

Published on 29 November 2021. By Andrea Randall, Partner and Angel Leung, Trainee Solicitor

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Immigration (Amendment) Ordinance 2021 (“IAO”)

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Publication

The Week That Was - 26 November 2021

Published on 26 November 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Snapshot

Snapshots Autumn 2021: Your consumer fix

Published on 26 November 2021. By Oliver Bray, Senior Partner

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A roundup of key legal developments for the modern commercial lawyer focusing on everything you need to know in the consumer world.

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Snapshot

Snapshots Autumn 2021: Your digital fix

Published on 26 November 2021. By Oliver Bray, Senior Partner

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A roundup of key legal developments for the modern commercial lawyer focusing on everything you need to know in the digital world.

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Snapshot

Snapshots Autumn 2021: Your data fix

Published on 26 November 2021. By Oliver Bray, Senior Partner

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A roundup of key legal developments for the modern commercial lawyer focusing on everything you need to know in the data world.

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Snapshot

Snapshots Autumn 2021: Your advertising and marketing fix

Published on 26 November 2021. By Oliver Bray, Senior Partner

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A roundup of key legal developments for the modern commercial lawyer focusing on everything you need to know in the advertising and marketing world.

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Publication

Sports Ticker (25 November 2021) - FIFA, UEFA's COP26 commitments, Fnatic's latest partnership and LIV Golf's shake up

Published on 25 November 2021. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate

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During a fortnight in which Tracey Crouch has reported on her fan-led review into football (more on that in the next edition) and which has seen managerial exits and arrivals in the Premier League, the launch of DAZN's new innovation hub and Czech billionaire Kretinsky acquiring a 27% stake in West Ham, we feature Fnatic's new partnership with the New York Institute of Technology and COP26 commitments from UEFA and FIFA. We also take a look at the racism scandal at Yorkshire Cricket Club, the attempted shake up of professional golf and Sportsbet.io's new crypto fan fund.

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Blog

Sega’s battle against Man Utd in Football Manager trade mark case ends in settlement

Published on 25 November 2021. By Jeremy Drew, Head of TMT and Samuel Coppard, Associate and Harvey Briggs, Trainee Solicitor

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As first published by leading sports law resource LawInSport, Jeremy Drew, Samuel Coppard and Harvey Briggs discuss the settlement reached in the trade mark infringement proceedings brought by Man United against Sega and Sports Interactive in relation to Football Manager and offer key considerations when settling disputes of this nature.

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Snapshot

Snapshots Autumn 2021

Published on 25 November 2021. By Oliver Bray, Senior Partner and David Cran, Head of IP and Tech

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A roundup of key legal developments for the modern commercial lawyer.

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Publication

V@ Update – November 2021

Published on 25 November 2021. By Adam Craggs, Partner

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Welcome to the November 2021 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.

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Snapshot

Prize promotions need prizes!

25 November 2021

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If you are an influencer running a competition, how careful do you need to be when establishing entry criteria and awarding prizes?

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Snapshot

Consumer surveys and Vodafone’s “The UK’s best…” claim

Published on 25 November 2021. By Oliver Bray, Senior Partner

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Can you use consumer surveys to support marketing phrases such as “The UK’s Best…”, when advertising your product or service?

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Snapshot

CAP publishes guidance on depicting mental health conditions

Published on 25 November 2021. By Oliver Bray, Senior Partner

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What steps must advertisers take in order to ensure that any depiction of mental illness is not socially irresponsible or offensive?

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Snapshot

CAP and BCAP announce progress with gambling ad consultation

25 November 2021

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What updates have arisen as a result of CAP and BCAP’s consultation responding to the findings of the GambleAware Final Synthesis Report?

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Snapshot

CAP publishes guidance on country of origin claims

25 November 2021

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What do companies need to be mindful of when it comes to country of origin claims?

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Snapshot

High Court strikes out claims for compensation for distress for misuse of private information, breach of confidence and negligence

Published on 25 November 2021. By David Cran, Head of IP and Tech

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Warren v DSG Retail Ltd [2021] EWHC 2168 (QB)

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Snapshot

Supreme Court confirms (and confines the scope of) the doctrine of economic duress

Published on 25 November 2021. By David Cran, Head of IP and Tech

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Pakistan International Airline Corporation (Respondent) v Times Travel (UK) Ltd (Appellant) [2021] UKSC

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