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RPC Bites #46 – new rules on advertising alcohol free drinks pending, Portman Group issues guidance for hard seltzer labels and a taxing finding for flapjacks

Published on 21 April 2022. By Ciara Cullen, Partner and Ben Mark, Partner

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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Blog

Court of Appeal holds that Quincecare duty can arise in principle where customer gives instructions in authorised push payment fraud

Published on 21 April 2022. By Jonathan Cary, Partner and Olivia Dhein, Professional Support Lawyer

The Court of Appeal has clarified in Philipp v Barclays Bank UK Plc [2022] EWCA Civ 318 that the Quincecare duty, which requires a bank to refrain from acting on a payment instruction and to make inquiries when it is on notice of a serious possibility of fraud, can arise for a bank even where it is the customer themselves giving instructions to pay money out of their account to a fraudster.

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Publication

RICS Service Charge Code Consultation Commences

Published on 21 April 2022. By Alexandra Anderson, Partner and Sophie Parkinson, Trainee Solicitor

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Snapshot

Snapshots Spring 2022

Published on 21 April 2022. By Oliver Bray, Senior Partner

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

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Podcast

A look at climate insurance (With Richard Matsui)

20 April 2022

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Richard Matsui, Co-founder of kWh Analytics, and they will be discussing the insurance of renewable energy sources with a particular focus on solar power.

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Podcast

A look at climate insurance (With Richard Matsui)

20 April 2022

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Richard Matsui, Co-founder of kWh Analytics, and they will be discussing the insurance of renewable energy sources with a particular focus on solar power.

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Blog

Taxpayer successfully appeals information notices as information requested not reasonably required

Published on 20 April 2022. By Keziah Mastin, Associate

Allowing an appeal against HMRC's information notices, the First-tier Tribunal in Yerou and another v HMRC [2022] UKFTT 79 (TC), found that the information was not reasonably required.

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Blog

'Big Plastic' is an emerging climate risk and a ticking time-bomb for litigation

Published on 14 April 2022. By Lucy Dyson , Partner

The tangible commitment to plastics regulation and action will likely trigger a new wave of plastics-related litigation.

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Blog

'Big Plastic' is an emerging climate risk and a ticking time-bomb for litigation

Published on 14 April 2022. By Lucy Dyson , Partner

The tangible commitment to plastics regulation and action will likely trigger a new wave of plastics-related litigation.

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Publication

PLC QTRLY - Q1 2022

Published on 13 April 2022. By Connor Cahalane, Partner

Post-Covid and post-Brexit changes are on the horizon for the UK's public companies. This is the first of our regular updates to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

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Blog

Tax Tribunal dismisses third party application for disclosure of documents

Published on 13 April 2022. By Rebekka Sandwell, Senior Associate

In Cider of Sweden Ltd v HMRC and another [2022] UKFTT 00076 (TC), the First-tier Tribunal (FTT) dismissed an application by Ernst & Young LLP (EY) for disclosure of documents which related to appeal proceedings before the FTT between Cider of Sweden Ltd (CSL) and HMRC.

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Blog

Supreme Court rules that solicitor's equitable lien was valid even though no proceedings were issued

Published on 13 April 2022. By Simon Hart, Partner and Heather Clark, Associate

An equitable lien allows solicitors involved in litigation to deduct their fees before paying compensation to their client and if the paying party deliberately bypasses the solicitor, they may be liable to pay any unrecoverable fees. The Supreme Court has re-confirmed that a solicitor benefits from this equitable lien when they are instructed to make a claim even if proceedings have not been issued and it is not anticipated that the claim will be disputed.

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Publication

Take 10 #21

Published on 12 April 2022. By Keith Mathieson, Partner

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

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Blog

Wonder Woman v Wonder Mum

Published on 12 April 2022. By Sarah Mountain, Partner and Sophie Tuson, Senior Associate and Noonie Holmes, Trainee Solicitor

The UK High Court has rejected an appeal by DC Comics (Partnership) (DC), owner of the 'WONDER WOMAN' trade mark, which sought to overturn a decision by the UK IPO to permit the registration of the mark 'WONDER MUM' by Unilever Global IP Ltd (Unilever).

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Snapshot

CMA secures changes to Xbox auto-renewal practices

Published on 12 April 2022. By Oliver Bray, Senior Partner

How far do Microsoft’s latest undertakings to the Competition and Markets Authority (CMA) signal a need for all businesses to improve transparency and controls on automatically renewing subscriptions?

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Snapshot

Ofcom guidance on advertising on video-sharing platforms

Published on 12 April 2022. By Oliver Bray, Senior Partner

Ofcom guidance on advertising on video-sharing platforms

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Snapshot

UK government announces the launch of an AI standards hub

Published on 12 April 2022. By Oliver Bray, Senior Partner

What does the new artificial intelligence (AI) standards hub mean for businesses seeking to develop AI technologies?

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Snapshot

Amended Digital Services Act adopted by European Parliament

Published on 12 April 2022. By Oliver Bray, Senior Partner

How will the European Parliament’s proposed amendments to the Digital Services Act affect consumers?

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Snapshot

Joint Committee publishes recommendations on the Online Safety Bill

Published on 12 April 2022. By Oliver Bray, Senior Partner

What recommendations have been made by the Joint Committee on the Online Safety Bill and how are these likely to affect service providers?

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Snapshot

European Commission publishes guidance on price promotions under the Omnibus Directive

Published on 12 April 2022. By Oliver Bray, Senior Partner

How should businesses interpret the pricing practices regulations that form part of the Omnibus Directive?

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Snapshot

Time is of the essence: delivery of face masks during the pandemic

12 April 2022

Pharmapac (UK) Ltd v HBS Healthcare Ltd [2022] EWHC 23 (Comm)

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Snapshot

Contractual Interpretation: Covid 19 restrictions do not trigger material adverse change provisions

12 April 2022

The Football Association Premier League Ltd v PPLive Sports International Ltd [2022] EWHC 38 (Comm)

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Snapshot

High Court finds Covid-19 pandemic amounts to a force majeure event

12 April 2022

European Professional Club Rugby v RDA Television LLP [2022] EWHC 50 (Comm)

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Blog

Important Court of Appeal clarity on the operation of s1(4) of the Civil Liability (Contribution) Act 1978

Published on 12 April 2022. By Rhian Howell, Partner and Sam Kneebone, Senior Associate

A recent Court of Appeal decision (in which RPC acted for the successful barrister Appellant) provides important clarification on the operation of section 1(4) of the Civil Liability (Contribution) Act 1978 (“the Act”). Although the matter concerned a contribution claim by a solicitor against a barrister brought pursuant to the Act, the decision is of wider relevance/application for litigation practitioners and the Insurance market.

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Blog

Privy Council widens law on freezing injunctions in "ground-breaking" exposition of the law

Published on 12 April 2022. By Dan Wyatt, Partner and Joe Cresswell, Associate

In Broad Idea International Ltd v Convoy Collateral Ltd / Convoy Collateral Ltd v Cho Kwai Chee [2021] UKPC 24, the Privy Council handed down a judgment which set new juridical boundaries for the law of freezing injunctions. Rejecting the long-established position in The Siskina, the panel of judges confirmed that a court's injunctive power extends to the grant of freezing orders where (i) there are no relevant domestic proceedings in prospect and (ii) the sole purpose of the order is to aid enforcement in foreign proceedings.

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Blog

EWS1 update

Published on 11 April 2022. By Alexandra Anderson, Partner and Lewis Manning, Trainee

A joint statement made by The Royal Institution of Chartered Surveyors ('RICS') and six major lenders has clarified the position of the lender and valuation industries with regard to fire safety remedial works and mortgage lending.

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Podcast

Does the Economic Crime Act really have teeth?

11 April 2022

In March 2022, the Economic Crime Transparency and Enforcement Act came into force after it was fast-tracked through Parliament in response to urgent calls for the UK's economic crime laws to be tightened.

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Publication

Sports Ticker (8 April 2022) - Gucci x Grealish, The Boat Race returns and CAP's new rules for gambling ads - a speed-read of commercial updates from the sports world

Published on 08 April 2022. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Jaleela Johnson, Associate and Joseph Akwaboa, Associate

In a fortnight which saw Medvedev attempt to overtake Djokovic as the men's world no.1 in tennis, we feature various F1 announcements, the ECB's and Sky Sports' multi-year broadcast agreement, the return of the Boat Race 2022 and Grealish's Gucci deal. We also take a look at CAP's introduction of tough new rules for gambling ads.

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Publication

The Week That Was - 8 April 2022

Published on 08 April 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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

Court of Appeal draws distinction between claims for recovery of tax and restitution for tax paid out fraudulently

Published on 07 April 2022. By Alan Williams, Partner and Poppy St John, Associate

In Skatteforvaltningen v Solo Capital Partners,(1) the Court of Appeal investigated in detail the operation of rule 3(1) of Dicey, Morris & Collins on the Conflict of Laws (edition 15) (Dicey rule 3), which provides that English courts do not have jurisdiction over actions for "the enforcement, either directly or indirectly, of a penal, revenue, or other public law of a foreign State". The Court decided that the Danish tax authority's claim did not fall within Dicey rule 3 as it concerned the restitution of monies misappropriated by fraud rather than enforcement of tax.

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Blog

Government White Paper on corporate transparency and Companies House reform

Published on 07 April 2022. By Abdul Wali, Associate

On 28 February 2022, ahead of the introduction of legislation, the Government published a "White Paper" outlining its proposals for changes to the way in which Companies House operates, aimed at increasing transparency of UK corporate entities and developing the role and powers of Companies House.

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Publication

Tax Bites - April 2022

Published on 07 April 2022. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.

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Blog

The obligation to provide tribunal documents to journalists

Published on 06 April 2022. By Charlotte Reid, Senior Associate

In Guardian News & Media Ltd v Rozanov and EFG Private Bank Ltd [2022] EAT 12, the Employment Appeal Tribunal (EAT) set out some useful guidance on the correct approach to third- party documentation requests, including where a request is made by a journalist for skeleton arguments, witness statements and documents referred to in the judgment.

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Blog

Tribunal confirms TV presenter  not subject to IR35 rules

Published on 06 April 2022. By Constantine Christofi, Senior Associate

IR35 does not apply where a significant number of factors make it clear that a presenter "was in business on his own account".

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Publication

What if the CEO asks me about…Corporate Criminal Liability and its potential reforms?

Published on 05 April 2022. By Sam Tate, Partner and Kate Langley, Senior Associate and Robert Semp, Associate

In the words of Spiderman's Uncle Ben (or Aunt May if you've seen the latest film...) with great power comes great responsibility. Corporations have all the power that comes with being a 'legal person' but equally are responsible for wielding this power within the confines of the law.

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Publication

Retail Compass Spring Edition 2022

Published on 05 April 2022. By Jeremy Drew, Partner and Karen Hendy, Partner

Welcome to the Spring edition of Retail Compass, where we guide you through the key legal and policy changes affecting retail and consumer brands and provide our thoughts on those crucial, need-to-know issues.

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Publication

Regulatory update - March 2022

04 April 2022

Welcome to the March edition of the Regulatory update, which pulls together recent developments from across the UK’s regulators to help you navigate the regulatory maze.

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Blog

Competing opt-out claims refused certification in CAT's FX decision

Published on 04 April 2022. By Chris Ross, Partner and Lambros Kilaniotis, Partner and Leonia Chesterfield, Senior Associate

Since the first opt-out certification last summer in Merricks, a steady stream of collective claims has been certified by the CAT. There have now been four opt-out certifications with many more applications in the wings. Last week's FX decision is the CAT's first certification refusal following Merricks.

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Blog

Hong Kong – General adjournment of court proceedings given severity of “5th Wave” of COVID-19

Published on 04 April 2022. By Carmel Green, Partner and Jennifer Leung, Associate

Given the severity of the “5th Wave” of the pandemic in Hong Kong, on 4 March 2022 the judiciary announced another “general adjournment of proceedings”; this time to run from 7 March to 11 April 2022.

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Publication

The Week That Was - 1 April 2022

Published on 01 April 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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

RICS Article Series – Article 2

Published on 01 April 2022. By Ben Goodier, Partner and Emma Wherry, Senior Associate and Sarah O'Callaghan, Associate and Laura Sponti, Paralegal

In this series of articles, we explain the procedure for disciplinary investigations against chartered surveyors.

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Blog

FCA consultation on British Steel redress scheme published

Published on 31 March 2022. By David Allinson, Partner and Robert Morris, Partner

The FCA has now published its consultation paper on the proposed redress scheme for British Steel Pension transfers under s.404 of FSMA. The scope of this is wider than anticipated and the proposals contain some surprises around the lack of an opt-in process and potential involvement of FOS.

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Publication

RPC Bites #45 - Waitrose concerned by Asda's 'Just Essentials' range, HFSS restrictions potentially delayed further and the end of free-range eggs (for now)

Published on 31 March 2022. By Ciara Cullen, Partner and Ben Mark, Partner

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

Lawyers Covered - March 2022

31 March 2022

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 - March 2022

31 March 2022

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

V@ update - March 2022

Published on 31 March 2022. By Adam Craggs, Partner and Rebekka Sandwell, Senior Associate

Welcome to the March 2022 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.

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Blog

No judicial review for FOS defined benefit transfer case

Published on 31 March 2022. By Rachael Healey, Partner

The High Court has rejected an application for permission for judicial review in a number of FOS complaints upheld against the adviser who advised on a defined benefit pension transfer. The adviser had advised on the transfer but not the subsequent investments made after the transfer. The adviser was led to believe that UCIS investments would not be made with the transferred funds but in fact UCIS investments were made. The FOS found that the adviser had given unsuitable pension transfer advice partly on the basis that it should have asked more questions about the ultimate investments and it was not enough to have provided for a general spread of investment type. Permission for judicial review was rejected on the basis that there was nothing unlawful in the FOS decisions including the fact that the adviser was held responsible for 100% of the losses despite the involvement of the separate adviser that advised on the investments following the transfer.

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Publication

Money Mirror Issue 1  - March 2022

30 March 2022

Welcome to Money Mirror, RPC's new Payments & Consumer Credit publication. In our 1st edition, we take a look at interesting developments in these markets - operational resilience, Buy Now Pay Later, crypto advertising and access to cash.

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Publication

Financial Crime Time - Your update from RPC: 2022 Q1

Published on 30 March 2022. By Adam Craggs, Partner and Michelle Sloane, Partner and Alice Kemp, Senior Associate (Employed Barrister)

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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