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SSE Generation – Taxpayer's capital allowances victory marred by procedural issue

Published on 03 March 2021. By Harry Smith, Senior Associate

In HMRC v SSE Generation Ltd [2021] EWCA Civ 105, the Court of Appeal (CA) upheld the Upper Tribunal's (UT) decision that expenditure on parts of a hydroelectric power scheme was eligible for capital allowances, save for one element in respect of which the taxpayer had failed to seek permission to appeal part of the First-tier Tribunal's (FTT) decision.

A new cause of action can only be introduced by amendment if it arises out of substantially the same facts that remain in issue at the time of the amendment

Published on 02 March 2021. By Geraldine Elliott, Global Head of Commercial Disputes

Pleadings that have previously been struck out cannot be used to introduce a new, limitation-barred claim that arises out of substantially the same set of facts as the struck out claim according to the Court of Appeal in Libyan Investment Authority v King [2020] EWCA Civ 1690.

False statements in a bill of lading and the indemnities to a master

Published on 02 March 2021.

This Article discusses the recent decision of the English Court of Appeal in the case of “TAI PRIZE” [2021] EWCA Civ 87 on the industry practice of Masters signing bills of lading containing statements about the condition of the cargo, the threshold of the Master's inspection, whether they amount to representations and the consequences of the statements turning out to be false.

FOS and the Adams v Carey decision – where are we as the Court of Appeal hearing starts?

Published on 02 March 2021. By Rachael Healey, Partner

800 DB Transfer complaints to the FOS: A 44% increase in one year

Published on 01 March 2021.

The FOS have seen the number of complaints relating to defined benefit transfer advice increase by 44% since 2019. However, the proportion of decisions being upheld appears to have fallen.

Sanctions – A New World?

Published on 26 February 2021. By Robert Waterson, Partner and Harry Smith, Senior Associate

The new UK sanctions regime (SAMLA) replaces EU sanctions in the UK, and sits alongside UN sanctions and US sanctions as a factor for businesses to consider in planning their anti-corruption and compliance matters. In particular it can impose trade sanctions, travel sanctions and financial sanctions, with tough financial penalties for non-compliance.

Sports Ticker (25 Feb 2021) - England Cricket partnership, New Balance and Fantasy Premier League

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

Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

Tech-driven arbitration? What else can we look forward to in arbitration in the UK?

Published on 25 February 2021. By Tatiana Minaeva, Partner and Kirtan Prasad, Senior Associate

A look at the past year in arbitration in the UK and what the future holds.

What if the CEO asks me about…. whether employees need to be vaccinated before coming back to our premises

Published on 25 February 2021. By Patrick Brodie, Partner and Jon Bartley, Partner

With Monday's announcement from Boris Johnson, and the vaccination programme gathering speed, you will, hopefully, soon be re-opening your stores and offices, bringing more of your colleagues back to work.

V@ update - February 2021

Published on 25 February 2021. By Adam Craggs, Partner

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

Insect protein, a market ready for metamorphosis

Published on 25 February 2021. By Charles Underwood, Trainee Solicitor

Mealworm arancini to start, followed by Mezcal worm tacos with guacamole and grasshopper bacon bits. For dessert, cricket flour brownies. All washed down with a delicious Mezcal margarita.

Misrepresentation, inducement, reservation of rights, affirmation of contract, rescission and damages in lieu of rescission

Published on 24 February 2021.

This Article discusses the recent decision of the English High Court in the case of SK Shipping Europe LLC v (3) Capital VLCC 3 Corp (5) Capital Maritime and Trading Corp [2020] EWHC 3448 (COMM) and the lessons learnt from that case and its application under English law and Singapore law.

A look at blockchain in insurance

24 February 2021

Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests. Our guest this week is blockchain expert and entrepreneur, Walid Al Saqqaf, and we will be discussing blockchain and its uses in the insurance industry.

Bradford – Tribunal refuses HMRC's application for further and better particulars

Published on 24 February 2021.

In Darren Bradford v HMRC [2021] UKFTT 2 (TC), the First-tier Tribunal (FTT) refused HMRC's application for the Appellant to provide further and better particulars of his grounds of appeal and directed HMRC to provide its Statement of Case.

Customs and excise quarterly - February 2021

Published on 23 February 2021. By Adam Craggs, Partner

In this update we report on (1) HMRC's proposed new powers to combat illicit tobacco trading; (2) a policy paper setting out how the temporary and pre-lodgement models will operate to control goods coming from the EU to Great Britain; and (3) HMRC Guidance that can be used to check whether a business holds Authorised Economic Operator status.

Taxing Matters: Private prosecutions: an essential part of your business' toolkit

22 February 2021

We are experiencing a surge in economic crime – the National Crime Agency estimates fraud alone costs UK businesses around £140 billion a year. With the CPS and SFO barely able to scrape the tip of the iceberg, many businesses have turned to private prosecutions to recoup losses and protect their reputation.

Cyber_Bytes - Issue 29

Published on 22 February 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

Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

Financial CrimeCast: Sarah Pritchard

Published on 19 February 2021. By Sam Tate, Partner

Welcome to Financial CrimeCast. In this series, the Centre for Legal Leadership, supported by RPC, talks to leaders in the field of financial crime, compliance and ethics. Guests discuss their career journey, what they have learnt along the way and the financial crime issues they see on the horizon.

Commercial Court cracks down on crypto-fraudsters (if it can find them)

Published on 18 February 2021. By Dan Wyatt, Partner and Christopher Whitehouse, Senior Associate and Becky Baker , Trainee Solicitor

In the first initial coin offering 'ICO' fraud case before the Commercial Court, Ion Science Limited & Duncan Johns v Persons Unknown & Ors, the court granted permission to serve disclosure orders on two cryptocurrency exchanges through which the claimants' stolen bitcoin had been traced, granted a world-wide freezing order against persons unknown, and gave ground-breaking guidance on the lex situs of crypto-assets.

Take 10 #11

18 February 2021

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

RPC Bites #25 - Dry January further boosts no/lo sales, PepsiCo and Beyond Meat join forces and Mondelez faces price fixing allegations

Published on 18 February 2021. 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!!

National Security and Investment Bill – when will it come into force?

Published on 17 February 2021. By Neil Brown, Partner

This blog considers when the National Security and Investment Bill might come into force, and the risk that transactions currently underway might be caught by the incoming rules.

Embiricos: HMRC cannot issue a partial closure notice without specifying the amount of tax due

Published on 17 February 2021. By Constantine Christofi, Senior Associate

In HMRC v Embiricos [2020] UKUT 370 (TCC), the Upper Tribunal (UT),in allowing HMRC's appeal, has held that HMRC cannot issue a partial closure notice without specifying how much tax is due.

Disciplinary investigations against architects #5 - Referral to Professional Conduct Committee

Published on 16 February 2021. By Emma Wherry, Senior Associate and Sarah O'Callaghan, Associate

Further to our previous four articles detailing the stages of the Architect Registration Board's disciplinary process up to the Investigations Panel Stage, this article considers the steps that are taken by the ARB in order to refer the matter to the Professional Conduct Committee and the steps that an Architect may wish to take to prepare for that hearing.

Disciplinary investigations against architects #5 - Referral to Professional Conduct Committee

Published on 16 February 2021. By Emma Wherry, Senior Associate and Sarah O'Callaghan, Associate

Further to our previous four articles detailing the stages of the Architect Registration Board's disciplinary process up to the Investigations Panel Stage, this article considers the steps that are taken by the ARB in order to refer the matter to the Professional Conduct Committee and the steps that an Architect may wish to take to prepare for that hearing.

UK Courts find hidden voice in film authorship dispute

12 February 2021

The Intellectual Property Enterprise Court (IPEC) has found that there was there was an additional joint author of the Florence Foster Jenkins screenplay – in a decision of significant relevance to the film industry.

Sports Ticker (12 February 2021) - Super Bowl LV, NBA investment and Ligue 1 broadcasting

Published on 12 February 2021. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate

Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

Retail Compass Spring edition 2021

12 February 2021

Welcome to the Spring edition of Retail Compass. We present our guide to the key upcoming legal and policy changes affecting Retail and our thoughts on the need-to-know issues - as retailers look forward to a post-pandemic landscape.

The jurisdiction eagle has landed…in the Courts of England & Wales

Published on 11 February 2021. By Parham Kouchikali, Partner and Nina Pulimood, Associate

Does the governing law for passing off claims fall under Article 6 or Article 8 of Rome II? The High Court's explores this in Lyle & Scott Limited v American Eagle Outfitters Inc(1).

When is an error a serious irregularity? The English court demonstrates its approach to correcting arbitration awards

Published on 11 February 2021. By Tatiana Minaeva, Partner and Rosy Gibson, Associate

A tribunal's admission of a simple computational error, and its refusal to correct it, was a serious irregularity that had caused substantial injustice. On the basis of this, the English court remitted an arbitration award to the tribunal for correction so that the tribunal would have the room to carry outs its stated intention to award substantial damages to one of the parties.

The 2021 Budget and M&A

Published on 11 February 2021. By James Mee, Partner and Ben Roberts, Partner

Many in business will have a keen eye on Rishi Sunak's Budget announcement that is due on 3rd March. As always, there is intense press speculation as to the measures that may be announced.

Amazon in the clear as it fails to hit the target

Published on 10 February 2021. By Ben Mark, Partner and Samuel Coppard, Associate

The High Court has dismissed claims brought against Amazon by Beverly Hills Polo Club for alleged trade mark infringement, arising out of products sold on the US website amazon.com but which are visible to consumers in the UK and EU.

Warshaw – Cumulative preference shares constituted ordinary share capital and qualified for entrepreneurs' relief

Published on 10 February 2021. By Alexis Armitage, Associate

In HMRC v Stephen Warshaw [2020] UKUT 366 (TCC), the Upper Tribunal (UT) has upheld the First-tier Tribunal's (FTT) decision that cumulative preference shares with rights to compound accrued but unpaid dividends constituted "ordinary share capital" for the purposes of section 989, Income Tax Act 2007 (ITA) and therefore qualified for entrepreneurs' relief (ER).

The role of claims in client service

08 February 2021

Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests. For this episode we are doing something a bit different.

Taxing Matters: Sanctions in a post-Brexit landscape

08 February 2021

From the 1st January 2021 the new UK sanctions framework officially came into force under the Sanctions and Anti-Money Laundering Act 2018 (SAMLA).

Tax Bites - February 2021

Published on 04 February 2021. By Adam Craggs, Partner and Harry Smith, Senior Associate

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

Take 10 #12

04 February 2021

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

GameStop – a game of chicken?

Published on 04 February 2021. By Sally Lord, Professional Support Lawyer

The race to purchase shares in ailing American video game retailer, GameStop, has taken the investment world by storm over the last week, with amateur traders waging war on professional hedge funds.

Time for public companies to come clean: New UK climate-related disclosures and ESG guidance

Published on 03 February 2021. By Connor Cahalane, Partner

Companies listed on the London Stock Exchange's Main Market will need to include a statement in their annual report confirming if they have made climate-related disclosures consistent with the recommendations of Task Force on Climate-related Financial Disclosures (TCFD). Companies planning to IPO, or move from AIM to the Main Market, are also affected by these new Listing Rules.

Time for public companies to come clean: New UK climate-related disclosures and ESG guidance

Published on 03 February 2021. By Connor Cahalane, Partner

Companies listed on the London Stock Exchange's Main Market will need to include a statement in their annual report confirming if they have made climate-related disclosures consistent with the recommendations of Task Force on Climate-related Financial Disclosures (TCFD). Companies planning to IPO, or move from AIM to the Main Market, are also affected by these new Listing Rules.

Time for public companies to come clean: New UK climate-related disclosures and ESG guidance

Published on 03 February 2021. By Connor Cahalane, Partner

Companies listed on the London Stock Exchange's Main Market will need to include a statement in their annual report confirming if they have made climate-related disclosures consistent with the recommendations of Task Force on Climate-related Financial Disclosures (TCFD). Companies planning to IPO, or move from AIM to the Main Market, are also affected by these new Listing Rules.

Rialas: UT dismisses HMRC's appeal in transfer of assets abroad case

Published on 03 February 2021. By Harry Smith, Senior Associate

Taxpayer succeeds in defending HMRC appeal against transfer of assets abroad / TOAA regime application; anti-avoidance measures did not apply, held the Upper Tribunal.

Trainees take on 2021

Published on 02 February 2021. By Elizabeth Zang, Associate and Georgia Durham, Associate and Nicole Clerk, Trainee Solicitor and Poppy St John, Associate and Becky Baker , Trainee Solicitor

Sports Ticker (1 February 2021) - Investment in esports, Snodgrass omission and Sixth Street's takeover

Published on 01 February 2021. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate

Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

Diversity & Inclusion in the insurance industry

29 January 2021

Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests. Our guest this week is Marc McKenna-Coles, Global Diversity & Inclusion Manager at Lloyd's, and we will be discussing diversity and inclusion in the insurance industry.

Cyber_Bytes - Issue 28

29 January 2021

Welcome to latest edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

RPC Insurtech in brief – January 2021

Published on 29 January 2021. By Neil Brown, Partner and Lauren Murphy, Associate

Welcome to the latest edition from RPC Insurtech in brief providing you with a handful of snappy monthly updates from the industry.

V@ update - January 2021

Published on 28 January 2021. By Adam Craggs, Partner

Welcome to the January 2021 edition of RPC's V@, an update on developments in the VAT world that may impact your business.

RPC Bites #24 - Brexit hits Percy Pigs, HFSS restrictions to become law in 2022 and a reminder that despite popular belief, honey is not medicinal

Published on 27 January 2021. 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!!

Development Securities – Court of Appeal considers company tax residence

Published on 27 January 2021.

In HMRC v Development Securities PLC and Others [2020] EWCA Civ 1705, the Court of Appeal (CoA) has allowed HMRC's appeal against a decision of the Upper Tribunal (UT) and confirmed that certain Jersey based companies were resident in the UK, rather than in Jersey.