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High Court grants proprietary injunction over Bitcoin cyber ransom payment to a third party
Instances of Ransomware are becoming increasingly common. We regularly deal with these types of cases and are seeing an escalation in both the sophistication of the attacks and the ransom demands being made.
Read moreBreaking news - dominant purpose test extends to legal advice privilege
The Court of Appeal has held that legal advice privilege will apply to communications only if seeking or giving legal advice is their dominant purpose.
Read moreWitness evidence reform - evolution not revolution?
The Witness Evidence Working Group's recommendations for witness evidence reform focus on the more consistent enforcement of existing rules with some limited new measures.
Read moreFirst UK Court decision applying Cofemel
The IPEC has issued its first ruling following the CJEU's decision in Cofemel, finding that "complete conformity" with EU law would exclude any requirement of aesthetic appeal.
Read moreVAT update - January 2020
In this month’s update we report on (1) changes to the rules relating to distance selling; (2) changes to VAT for intra-EU chain transactions and zero rated goods; and (3) HMRC’s guidance on proposed changes to the VAT treatment of call-off stock arrangements. We also comment on three recent cases which consider (1) whether VAT zero rating is available for electronic editions of newspapers; (2) the scope and meaning of “services of consultants”, for the purposes of Article 59(c), Principal VAT Directive; and (3) the deductibility of input tax on fees incurred in implementing a tax scheme.
Read moreCyber_Bytes - Issue 6 2020
Welcome to Cyber_Bytes, a round up of key developments in cyber, tech and evolving risks over the first month of 2020.
Read moreCJEU hands down decision in Sky v SkyKick case
This morning, the CJEU handed down its judgment for the much anticipated Sky v SkyKick case – certainly one of the most important trade mark referrals from the High Court over the past few years.
Read moreSports Ticker 5 – Saracens, W Series and Speedrunning
Welcome to the fifth edition of the RPC Sports Ticker - providing fortnightly bite-size updates from the sports industry.
Read moreLoot Boxes: what's in the box?
On 12 September 2019 the House of Commons Digital, Culture, Media and Sport Committee (DCMS) released its report into what it calls "immersive and addictive technologies".
Read moreLloyd-Webber – capital gains losses allowed over properties which were never completed
In Lloyd-Webber and another v HMRC [2019] UKFTT 717 (TC), the First-tier Tribunal (FTT) has held that a payment made under a contract for the acquisition of land was for the acquisition of contractual rights, rather than for the land, giving rise to an allowable loss on termination of the contract.
Read moreBossing the rules: lowering the standard?
Solicitors everywhere will be concerned at the recent move of the Solicitors Disciplinary Tribunal, alongside the recent SRA Standards and Regulations reforms, to alter the standard of proof to be applied in disciplinary proceedings. This article looks at the background to the Tribunal's recent decision, the reasons for the change, and the concerns around it.
Read moreFull and frank disclosure means more than just putting relevant matters in evidence – a new year warning in UKIP v Braine & Others
New year, new reminder of the obligation to make full and frank disclosure in without notice applications, this time in the context of a falling out within the UKIP party. The obligation can only be satisfied by drawing the court's attention to legal or factual matters which could undermine the applicant's own application; it is not enough to simply put relevant matters in evidence before the court (UKIP v Braine & Others). Injunction, confidential, publication and non-disclosure.
Read moreDisciplinary investigations against architects #2 - Complaints to the ARB
Further to our previous article which provided an overview of the Architect Registration Board's disciplinary process, we explain the first stage of a disciplinary investigation against an Architect, the complaint stage.
Read moreDisciplinary investigations against architects #2 - Complaints to the ARB
Further to our previous article which provided an overview of the Architect Registration Board's disciplinary process, we explain the first stage of a disciplinary investigation against an Architect, the complaint stage.
Read moreSSE Generation – UT considers the meaning of structure for the purposes of capital allowances
In HMRC v SSE Generation Ltd [2019] UKUT 332 (TCC), the Upper Tribunal (UT) dismissed HMRC's appeal against the decision of the First-tier Tribunal (FTT) that the taxpayer was eligible for capital allowances in relation to certain expenditure it incurred in connection with the construction of the Glendoe Hydro Electric Power Scheme.
Read moreASA issues guidance on how to deliver a compliant marketing subscription box
How careful do you need to be when offering a free trial? What does a free trial “subscription trap” look like? And how do you avoid setting one?
Read moreASA ruling on Dyson
How careful do you need to be when making factually correct claims in a context which might change their meaning?
Read moreASA ruling on Merkur Cashino Ltd
Can ads on the back of bus tickets be seen to target protected age categories?
Read moreASA ruling on Casumo
Can a gambling ad be seen to be targeting vulnerable consumers if it appears in a Google search result for those trying to “unsubscribe” from gambling ads?
Read moreASA ruling on promoting alcohol – Tequila Rose
What if your influencer looks younger than they are when it comes to posts promoting alcohol?
Read moreASA ruling on Imperial Tobacco
When can e-cigarette advertisers encourage “new” users of their products?
Read moreASA ruling on phrases which may have a sexual connotation – Boohoo.com
How easy is it for a campaign to be deemed “socially irresponsible” where it refers to a phrase which could possibly have a sexual connotation?
Read moreASA ruling on “humorous” tweets – Burger King
How careful do you need to be when using topical events to let loose a branded tweet? Put another way, was the combination of Nigel Farage, “milkshaking” and “#justsaying” a responsible tweet by Burger King?
Read moreWhat is the right hashtag to use when labelling an ad
What is best, and worst, practice in labelling a post as an ad?
Read moreASA ruling on “#brand ambassador” – Cocoa Brown
Does the use of “#brand ambassador” in an Instagram caption make the post easily identifiable as an ad?
Read moreASA ruling on contractual relations Brooks Brothers
Can a post by an influencer be deemed to be an ad, even when the post is at the influencer’s own initiative and to his own followers, and not at the direct request of the relevant brand?
Read moreObligations to remove content
Eva Glawischnig-Piesczek v Facebook Ireland Ltd, Case C-18/18
Read moreMemorandum of Understanding on online advertising and intellectual property to continue
What steps is the advertising industry taking to minimise the placement of advertising on IPR- infringing websites?
Read moreASA seeks injunction for email sent to wrong recipient
ASA v Robert Neil Whyte Mitchell
Read moreNew statutory redemption period for Irish gift vouchers
Irish Consumer Protection (Gift Vouchers) Act 2019
Read moreMajor finance, retail and media companies targeted in Irish “cookie” sweep
How does the Irish Data Protection Commission (DPC) monitor whether websites are compliant with data protection law?
Read moreICO guidance on the use of cookies and similar technologies
Can implied consent be relied on for the use of cookies? Or, in the words of the ICO’s blog, “what does ‘good’ look like?”
Read moreCJEU rules out opt out consent for cookies
Planet49 GmbH v Bundesverban der Vebraucherzentralen
Read moreStriking the balance between the RTBF and substantial public interest
GC, AF, BH, ED v CNIL Case C-136/17 GC, AF, BH, ED v Commission nationale de l’informatique et des libertés (CNIL)
Read moreCJEU rules on the territorial scope of the “right to be forgotten”
Google LLC v Commission Nationale de l'informatique et des Libertés (CNIL)
Read moreICO revises guidance on timescales for responding to subject access requests
How long does an organisation have to reply to a data subject access request (DSAR)?
Read moreICO draft Data Sharing Code of Practice
What changes does the Information Commissioner’s Office (ICO) plan to make to the Data Sharing Code of Practice?
Read moreNew year's (tax) resolutions
It's that time of year when people are abiding by, (re)assessing and / or breaking their new year's resolutions. It's no different in the world of tax.
Read moreLawfulness of automated facial recognition
R (Edward Bridges) v the Chief Constable of South Wales [2019] EWHC 2341 (Admin)
Read moreLiverpool FC fail to register “LIVERPOOL” trade mark alone
What should businesses consider when attempting to register a place name as a trade mark?
Read moreCryptoassets and smart contracts: UK Jurisdiction Taskforce publishes legal statement
What legal status do cryptoassets have under English law? Are smart contracts legally valid and enforceable under English law?
Read moreNo “curate’s egg” approach to terms in a subject to contract document (Court of Appeal)
Farrar v Rylatt [2019] EWCA Civ 1864
Read moreImplied duty of good faith clarified (High Court)
New Balance Athletics, Inc v Liverpool Football Club and Athletic Grounds Ltd [2019] EWHC 2837 (Comm)
Read moreRetail Compass Winter edition 2020
Welcome to the Winter 2020 edition of Retail Compass – our guide to key upcoming legal and policy changes affecting Retail and our thoughts on the need-to-know issues.
Read moreBossing the rules: Your obligations to report concerns
Our lawyers' liability and regulatory team continue their series demystifying the SRA's new Standards and Regulations in this article looking at solicitors' revised reporting obligations under #StaRs Rules 7.7 and 7.8.
Read moreFreezing orders: when will past conduct show a real risk of dissipation?
In Lakatamia Shipping Company Limited v Morimoto, the Court of Appeal overturned a decision to discharge a worldwide freezing order. This case provides helpful guidance as to when a respondent's prior conduct may support a finding that a real risk of dissipation exists. WFO; Dissipation; Su.
Read moreSports Ticker 4 – Epic Games, acquisition of Charlton and tackling mental health
Welcome to the fourth edition of the RPC Sports Ticker - providing fortnightly bite-size updates from the sports industry.
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