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High Court grants proprietary injunction over Bitcoin cyber ransom payment to a third party

Published on 31 January 2020. By Bethan Griffiths, Senior Associate

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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.

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Breaking news - dominant purpose test extends to legal advice privilege

Published on 31 January 2020. By Davina Given, Partner and Joe Cresswell, Associate and Kiran Dhoot, Associate

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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.

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Witness evidence reform - evolution not revolution?

Published on 31 January 2020. By Simon Hart, Partner and Emma West, Senior Associate

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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.

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First UK Court decision applying Cofemel

Published on 30 January 2020.

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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.

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VAT update - January 2020

30 January 2020

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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.

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Cyber_Bytes - Issue 6 2020

Published on 29 January 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Senior Associate

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Welcome to Cyber_Bytes, a round up of key developments in cyber, tech and evolving risks over the first month of 2020.

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CJEU hands down decision in Sky v SkyKick case

Published on 29 January 2020. By Ben Mark, Partner and Samuel Coppard, Associate

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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.

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Sports Ticker 5 – Saracens, W Series and Speedrunning

Published on 29 January 2020. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate

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

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Loot Boxes: what's in the box?

Published on 29 January 2020. By Jonathan Greenway, Associate

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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".

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Lloyd-Webber – capital gains losses allowed over properties which were never completed

Published on 29 January 2020. By Constantine Christofi, Senior Associate

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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.

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Bossing the rules: lowering the standard?

Published on 27 January 2020. By Graham Reid, Partner

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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.

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Full and frank disclosure means more than just putting relevant matters in evidence – a new year warning in UKIP v Braine & Others

Published on 24 January 2020. By Geraldine Elliott, Global Head of Commercial Disputes

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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.

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Disciplinary investigations against architects #2 - Complaints to the ARB

Published on 23 January 2020. By Sarah O'Callaghan, Associate and Emma Wherry, Senior Associate

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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.

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Disciplinary investigations against architects #2 - Complaints to the ARB

Published on 23 January 2020. By Sarah O'Callaghan, Associate and Emma Wherry, Senior Associate

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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.

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SSE Generation – UT considers the meaning of structure for the purposes of capital allowances

Published on 22 January 2020.

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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.

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ASA issues guidance on how to deliver a compliant marketing subscription box

21 January 2020

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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?

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ASA ruling on Dyson

21 January 2020

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How careful do you need to be when making factually correct claims in a context which might change their meaning?

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ASA ruling on Merkur Cashino Ltd

21 January 2020

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Can ads on the back of bus tickets be seen to target protected age categories?

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ASA ruling on Casumo

21 January 2020

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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?

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ASA ruling on promoting alcohol – Tequila Rose

21 January 2020

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What if your influencer looks younger than they are when it comes to posts promoting alcohol?

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ASA ruling on Imperial Tobacco

21 January 2020

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When can e-cigarette advertisers encourage “new” users of their products?

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ASA ruling on phrases which may have a sexual connotation – Boohoo.com

21 January 2020

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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?

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ASA ruling on “humorous” tweets – Burger King

21 January 2020

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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?

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What is the right hashtag to use when labelling an ad

21 January 2020

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What is best, and worst, practice in labelling a post as an ad?

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ASA ruling on “#brand ambassador” – Cocoa Brown

21 January 2020

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Does the use of “#brand ambassador” in an Instagram caption make the post easily identifiable as an ad?

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ASA ruling on contractual relations Brooks Brothers

21 January 2020

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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?

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Obligations to remove content

21 January 2020

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Eva Glawischnig-Piesczek v Facebook Ireland Ltd, Case C-18/18

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Memorandum of Understanding on online advertising and intellectual property to continue

21 January 2020

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What steps is the advertising industry taking to minimise the placement of advertising on IPR- infringing websites?

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ASA seeks injunction for email sent to wrong recipient

21 January 2020

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ASA v Robert Neil Whyte Mitchell

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New statutory redemption period for Irish gift vouchers

21 January 2020

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Irish Consumer Protection (Gift Vouchers) Act 2019

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Major finance, retail and media companies targeted in Irish “cookie” sweep

21 January 2020

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How does the Irish Data Protection Commission (DPC) monitor whether websites are compliant with data protection law?

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ICO guidance on the use of cookies and similar technologies

21 January 2020

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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?”

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CJEU rules out opt out consent for cookies

21 January 2020

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Planet49 GmbH v Bundesverban der Vebraucherzentralen

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Striking the balance between the RTBF and substantial public interest

21 January 2020

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GC, AF, BH, ED v CNIL Case C-136/17 GC, AF, BH, ED v Commission nationale de l’informatique et des libertés (CNIL)

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CJEU rules on the territorial scope of the “right to be forgotten”

21 January 2020

Google LLC v Commission Nationale de l'informatique et des Libertés (CNIL)

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ICO revises guidance on timescales for responding to subject access requests

21 January 2020

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How long does an organisation have to reply to a data subject access request (DSAR)?

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ICO draft Data Sharing Code of Practice

21 January 2020

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What changes does the Information Commissioner’s Office (ICO) plan to make to the Data Sharing Code of Practice?

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Blog

New year's (tax) resolutions

Published on 21 January 2020. By Ben Roberts, Partner

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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.

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Lawfulness of automated facial recognition

21 January 2020

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R (Edward Bridges) v the Chief Constable of South Wales [2019] EWHC 2341 (Admin)

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Liverpool FC fail to register “LIVERPOOL” trade mark alone

21 January 2020

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What should businesses consider when attempting to register a place name as a trade mark?

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Electronic signatures

21 January 2020

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Neocloeous v Rees [2019] EWHC 2462 (Ch)

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Cryptoassets and smart contracts: UK Jurisdiction Taskforce publishes legal statement

21 January 2020

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What legal status do cryptoassets have under English law? Are smart contracts legally valid and enforceable under English law?

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Implied duty of good faith in relational agreements

21 January 2020

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UTB v Sheffield United

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Implied duty of good faith clarified (High Court)

21 January 2020

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New Balance Athletics, Inc v Liverpool Football Club and Athletic Grounds Ltd [2019] EWHC 2837 (Comm)

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Retail Compass Winter edition 2020

20 January 2020

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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.

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Bossing the rules: Your obligations to report concerns

Published on 20 January 2020. By Graham Reid, Partner

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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.

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Freezing orders: when will past conduct show a real risk of dissipation?

Published on 16 January 2020. By Jonathan Cary, Partner

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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.

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Sports Ticker 4 – Epic Games, acquisition of Charlton and tackling mental health

Published on 16 January 2020. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate

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

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