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Who gets to deliver my news? - Ofcom starts its consultation on changes to media ownership restrictions
Ofcom is looking to update old rules governing media ownership in the UK to reflect consumers increased access to news online and the fragmented use of traditional media, and the implications of reform could be far reaching.
Read moreNever too late: English court issues anti-suit injunctions despite foreign proceedings reaching Supreme Court
If, contrary to an agreement to arbitrate, you are sued in the wrong jurisdiction the English courts stand willing to issue an anti-suit injunction – regardless of how quickly the foreign proceedings might have escalated. The recent case of UAU -v- HVB [2021] EWHC 1548 (Comm) serves as a good example of how a party should conduct itself in order successfully to obtain injunctive relief.
Read moreAozora - Unilateral credit for US withholding tax allowed even where no treaty relief available
US UK double tax treaty and associated UK legislation interpreted to give unilateral credit for withholding tax suffered on interest income.
Read moreA look at micro insurance (a podcast with Rose Goslinga)
Welcome to Insurance Covered. In this episode we discuss micro insurance with Rose Goslinga, co-founder of Pula, a micro insurance company based in Kenya. We will look at why micro insurance exists and why it has become a vital source of cover for so many people in Kenya and beyond.
Read moreDirectors' duties and conflicts of interest – application to former directors
The High Court has recently considered the scope of the duty to avoid conflicts of interest as it applies to former directors of a company.
Read moreHealth and safety update - June 2021
Welcome to this month's health and safety update. View the headlines below or click the pdf at the bottom of the page to read the full articles.
Read moreV@ update - June 2021
Welcome to the June 2021 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.
Read moreRediscovering ADR
Alternative Dispute Resolution (ADR), in the form of mediation, remains an important part of the tax dispute resolution process. In light of the backlog of cases caused by Covid-19, and the practice statement issued by the Tribunal last year, we expect that taxpayers and HMRC will begin to re-examine and embrace ADR which can be an effective method of resolving disputes with HMRC.
Read moreWhat is "mutuality of obligation" and why does it matter in the world of work?
Any business which needs work to be done for it makes a choice as to how that work is procured and delivered.
Read moreRetailers to be consulted on new legislation for protection from terrorist attacks
The Government is currently consulting with the public and retailers to seek their views on proposed legislation requiring the occupiers of "publicly accessible locations" to implement measures to protect employees and members of the public in the event of a terrorist attack.
Read moreRe-commerce: the future of luxury fashion?
With Gen Z successfully catapulting fashion resale platforms like Depop, StockX and Vinted into the limelight over the last decade, has the time come for the luxury market to enter the world of re-commerce?
Read moreAshbolt and Arundell: challenging search warrants
In the latest episode of Taxing Matters, we take a closer look at the recent case of Ashbolt and Arundell v HMRC, which involved a challenge to the lawfulness of search warrants.
Read moreTake 10 #15
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreSupreme Court Changes to the Assessment of Loss in Professional Negligence Claims
On 18 June 2021 the Supreme Court handed down two judgments in cases examining the application of the SAAMCo principles. These are principles that have dominated the law of professional liability since 1997 and limited the recovery of damages by claimants against professionals. In these judgments the Supreme Court significantly alters the tests for determining whether a particular loss falls within the scope of duty of the professional.
Read moreDisciplinary investigations against architects #6 - Professional Conduct Committee Hearing: What to expect
Further to our previous five articles detailing the stages of the Architect Registration Board's (ARB) disciplinary process up to the Referral to Professional Conduct Committee stage, this article considers the Professional Conduct Committee Hearing, and what Architects should expect if their case reaches this stage.
Read moreSports Ticker (17 June 2021) - RPC Sports Ticker: The FA's first female chair, CVC's "One Tennis" plans and Boris backs bowler
Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.
Read moreTax liability insurance (a podcast with Giles Hambly)
Welcome to Insurance Covered. In this episode we discuss tax liability insurance and why many businesses are choosing to take it out.
Read moreRPC Insurtech in brief - June 2021
Welcome to the June edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.
Read moreCyber_Bytes - Issue 33
Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.
Read moreWilliam Grant & Sons v Lidl: where to be-gin?
On 25 May 2021, the Scottish Court of Session (SCOS) granted an interim interdict (akin to an interim injunction), which prevents Lidl from selling its own brand 'Hampstead gin' in Scottish stores, pending the outcome of the matter at trial.
Read moreWilliam Grant & Sons v Lidl: where to be-gin?
On 25 May 2021, the Scottish Court of Session (SCOS) granted an interim interdict (akin to an interim injunction), which prevents Lidl from selling its own brand 'Hampstead gin' in Scottish stores, pending the outcome of the matter at trial.
Read moreTooth – Supreme Court rejects the concept of 'staleness' and confirms the meaning of 'deliberate'
In HMRC v Tooth [2021] UKSC 17, the Supreme Court, in dismissing HMRC's appeal, confirmed that a discovery assessment issued under section 20, Taxes Management Act 1970 (TMA) will not be invalid because a large period of time had elapsed between the discovery being made and the assessment being issued by HMRC and that for a taxpayer to bring about a loss of tax as a result of a deliberate inaccuracy in a document there must be an intention to mislead HMRC.
Read moreRPC Bites #33 – Battle of the gins, the future of soft plastics and serious food for thought for advertisers of HFSS products
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!!
Read moreThe Great British (Local) High Street
There is no doubt that the UK high street has been hit hard in recent years, not least by the impacts of the COVID-19 pandemic. But alongside the headline grabbing news of shop closures, there were in fact over 7,500 new shop openings between 1 January 2020 and 31 December 2020.
Read moreStreaming platforms to consolidate? "The stuff that dreams are made of"
Discovery and AT&T's WarnerMedia are merging to create a streaming behemoth named Warner Bros. Discovery, and Amazon is reportedly in talks to acquire Metro Goldwyn Mayer (MGM). Will this mark a trend in the consolidation of streaming platforms, and what are the implications?
Read moreSnapshots - Spring 2021
A roundup of key legal developments for the modern commercial lawyer.
Read moreThree Mobile claim to be “the best network for data” misleading
What are the limits and substantiation requirements on advertisers in relation to claims on being the “best network for data” in the telecommunications sector?
Read moreUK authorities consider position of AI in preparation for a new Golden Age of Tech
The question: What direction is the UK taking regarding policies on artificial intelligence (AI)?
Read moreASA upholds misleading “Jab & Go” claim against Ryanair
How careful do you need to be in your ads when using phrases such as “Jab & Go” or “Vaccine?”
Read moreAvoiding “Fake Views” – CAP publishes guidance on testimonials and endorsements
What enforcement options are available against marketers who use fake reviews to promote their goods or services?
Read moreCommittee of Advertising Practice publishes guidance for marketing on TikTok
What does the Committee of Advertising Practice’s (CAP) new guidance note on marketing on TikTok tell us about making compliant ads for the platform?
Read moreASA upholds Ladbrokes gambling ad as socially irresponsible for problematic behaviour
Is a gambling ad that features potentially problematic behaviour socially irresponsible?
Read moreASA rules “was” pricing claim by Watches of Switzerland as misleading
How long does it take for a lower price claim to become the “usual” selling price for a product? What if the previous higher price ran for three years, and the lower price is in place for ten months? Does this period of time negate the ability to use the higher price as a “was” price comparison?
Read moreASA upholds use of filters in social media beauty ads as misleading
Should influencers be allowed to use filters when advertising cosmetic products?
Read moreDCMS begins inquiry into influencer culture and the power of influencers in marketing
What are the UK government’s future plans for influencer marketing
Read moreSnapshots Spring 2021: Your advertising and marketing fix
A roundup of key legal developments in advertising and marketing for the modern commercial lawyer.
Read moreThe Technology & Construction Court considers when damages will be awarded for wrongful termination of a services agreement
CIS General Insurance Ltd v IBM United Kingdom Ltd [2021] EWHC 347 (TCC)
Read moreCommercial Court uses its freezing injunction powers in the battle to identify crypto fraudsters
Ion Science Ltd v Persons Unknown (Unreported, 21 December 2020)
Read moreData Subject Access Requests | High Court declines to issue order compelling compliance with multiple DSARs when used abusively or for an alternative purpose
Can the courts decline to order compliance with data subject access requests (DSARs) if they are used abusively or for a purpose other than acquiring personal data?
Read morePenalty clause regarding IP rights harsh but not unenforceable
Permavent Ltd and another v Makin [2021] EWHC 467 (Ch)
Read moreMaking online games safer by design
How does the UK Gambling Commission’s new rules modify online game design?
Read moreGovernment to review the Gambling Act
What legislative changes are being considered to address the risks associated with modern gambling?
Read moreUnfair Contract Terms Directive | Fairness of term containing possibility of creating a significant imbalance
When should the fairness of a term be assessed in a consumer contract?
Read moreNew “right to repair” regulations due Summer 2021
What requirements will manufacturers and importers of consumer goods, particularly electronic displays, need to meet under new “right to repair” rules?
Read moreEuropean Commission awards draft adequacy decision to the UK
How can data transfers between the UK and the EU be securely and legally executed following Brexit?
Read moreEuropean Council makes progress on the ePrivacy Regulation
Where have the negotiations on the ePrivacy Regulation got to and what comes next?
Read moreICO launches data analytics toolkit
What’s in the ICO’s new data analytics toolkit, and how far down the privacy compliance road does it take you?
Read moreEuropean Data Protection Board (EDPB) issues draft guidelines for data breach notification
What more could be done to aid data controllers in responding to personal data breaches and the practical considerations they face while operating under the General Data Protection Regulation (GDPR)?
Read moreEDPB adopts guidelines on virtual voice assistants
Virtual voice assistants (VVAs) are becoming mainstream. What are the data protection implications and how does the European Data Protection Board (EDPB) suggest you address them?
Read moreDCMS publishes prototype trust framework on digital identity products and services
What is the potential impact of the trust framework on the provision and use of digital identity services published by the Department for Digital, Culture, Media & Sport (DCMS)?
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