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The Asset Tracing Investigator: Following the money

09 May 2022

Have you ever wondered what happens behind the scenes of an investigation?

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Publication

Take 10 - May 2022

Published on 09 May 2022. By Keith Mathieson, Partner

Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.

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Publication

The Week That Was - 6 May 2022

Published on 06 May 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

Sports Ticker (06 May 2022) - W Series, an independent football regulator and broadcasting battles – a speed-read of commercial updates from the sports world

Published on 06 May 2022. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate and Kate O'Malley , Associate

In a fortnight which saw Tyson Fury retain the WBC title and vow to retire, we feature updates on the broadcasting agreement between Sky Sports and W Series, the Government's confirmation an independent football regulator will be introduced, a cricket NFT platform's impressive fundraising, and Channel 4's broadcasting rights for the next two seasons of England's men's football.

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Blog

Obvious arithmetical error in damages calculation is sufficient for arbitral award to be set aside for procedural irregularity, finds High Court

Published on 06 May 2022. By Tatiana Minaeva, Partner and Fred Kuchlin, Senior Associate

The High Court has found that an "obvious arithmetical error" in the calculation of damages was a procedural irregularity under s 68 of the Arbitration Act 1996 (the Act) and set aside the relevant part of the award.

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Blog

Court of Appeal strikes out defences that funds' losses resulting from FX manipulation have been passed on to investors following redemption

Published on 06 May 2022. By Simon Hart, Partner and Christopher Wheatley , Senior Associate and Olivia Dhein, Professional Support Lawyer

In Allianz Global Investors GmbH & Ors v Barclays Bank PLC & Ors(1), the Court of Appeal allowed an appeal by the claimant funds (the Funds) and struck out defences by the Defendant banks (the Banks) that losses incurred by the Funds had been avoided or passed on upon redemption by their investors.

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Blog

How to comply with the FCA's new diversity and inclusion targets for listed companies

Published on 05 May 2022. By Connor Cahalane, Partner and Karen Hendy, Head of Corporate and Chloe Clapson, Trainee Solicitor

The FCA has finalised its new rules on diversity and inclusion on listed company boards and executive committees. The rules, which are set out in the FCA's policy paper PS22/3: Diversity and inclusion on company boards and executive management, are substantially in line with the proposals set out in the FCA's consultation paper CP 21/24. In scope listed companies are required to include a statement in their annual financial report on whether they have met specific board diversity targets on a ‘comply or explain’ basis, as at a chosen reference date within their accounting period.

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Publication

Tax Bites - May 2022

Published on 05 May 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

Changes made to top slicing relief held not to apply retrospectively

Published on 04 May 2022. By Constantine Christofi, Senior Associate

Changes introduced by Finance Act 2020 to top slicing relief are not retrospective in effect.

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Blog

Hong Kong – General adjournment of court proceedings ends with more guidance for remote hearings

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

Hong Kong's general adjournment of court proceedings ends with more guidance for remote hearings.

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Blog

FCA approach to Part VII transfers

Published on 03 May 2022. By Tyson Oladokun, Associate

On 15 February 2022, the Financial Conduct Authority (FCA) published its final guidance (FG22/1) on its approach to reviewing insurance business transfer schemes under Part VII of the Financial Services and Markets Act 2000.

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Blog

A "golden age" of television? - Government announces overhaul of broadcasting legislation

Published on 29 April 2022. By Nadia Tymkiw, Associate

On 28 April the government published a white paper setting out its vision for the broadcasting sector. Plans include regulation for streaming services, changes to the public service broadcasting regime, and reform to broadcasting rights for major sporting events.

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Publication

The Week That Was - 29 April 2022

Published on 29 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

Lawyers Covered - April 2022

28 April 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 - April 2022

Published on 28 April 2022. By Adam Craggs, Partner

Welcome to the April 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

Commercial Court confirms limits of full and frank disclosure duty in arbitration enforcement action

Published on 27 April 2022. By Thomas McCall, Associate and Alan Williams, Partner

What happens when a party makes a without notice application? How far should it go to meet its obligation of full and frank disclosure? The Commercial Court gave clear guidance on the limits of this duty when it dismissed the latest claim by the State of Libya that challenged General Dynamic's permission to enforce an arbitral award in General Dynamics United Kingdom Ltd v State of Libya.(1) This was one in a series of cases between the company and the North African country.

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Blog

Hong Kong Wage Subsidy Update – Government announces new round of Employment Support Scheme

Published on 27 April 2022. By Andrea Randall, Partner and Lillian Wong, Associate

The Government has at last finalized the details of the new round of Employment Support Scheme ("2022 ESS"). The purpose of the 2022 ESS to offer limited time financial support to small and medium-sized enterprises through providing wage subsidies to encourage enterprises to increase employment and to retain employees who would otherwise be made redundant.

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Blog

Tribunal erred in law by refusing HMRC's application to strike out taxpayer's appeal

Published on 27 April 2022. By Alexis Armitage, Associate

The Upper Tribunal has held that the First-tier Tribunal erred in law by striking out HMRC's application to strike out a taxpayer's appeal of a decision by HMRC to deny Input VAT on the basis of no reasonable prospect of success.

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Blog

Electronic signing on corporate transactions: What is current best practice?

Published on 26 April 2022. By Ella Shanks, Associate

Electronic signing has now replaced in-person signing as the norm for most lawyers and clients on corporate transactions. This article summarises the current guidance from a number of sources on conducting electronic signing procedures.

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Podcast

A look at lawyers PI insurance (With Martin Ellis)

26 April 2022

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Martin Ellis, Executive Director at Howden and our topic of discussion is Lawyers professional indemnity insurance.

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Publication

COVID-19 and the impact on UK corporate insolvencies

Published on 25 April 2022. By James Wickes, Partner and Paul Bagon, Partner

It has been just over two years since the World Health Organisation first declared Covid-19 a pandemic, and as the UK prepares to transition away from an era of pandemic restrictions and unprecedented government intervention, to a more ‘business-as-usual’ open economy, it seems timely to consider the possible legacies of this crisis on UK businesses.

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Publication

Disputes Yearbook 2022: Retail and Restructuring

Published on 25 April 2022. By Karen Hendy, Head of Corporate and Finella Fogarty, Head of Restructuring & Insolvency

As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.

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Publication

Disputes Yearbook 2022: Banking Litigation

25 April 2022

As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.

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Publication

Disputes Yearbook 2022: Civil Fraud

25 April 2022

As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.

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Publication

Disputes Yearbook 2022: Technology disputes

Published on 25 April 2022.

As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.

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Podcast

The Month That Was - March 2022 - An update on the British Steel pension scheme FCA consultation and McClean v Thornhill

25 April 2022

Money Covered Podcast by RPC

Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.

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Podcast

Challenging tax avoidance

25 April 2022

Tax podcast small with tint

The tax gap refers to the difference between the amount of tax that should, in theory, be paid to HMRC, and what is actually paid. To help narrow this gap, HMRC has been granted a number of powers over the years, including those aimed at tackling tax avoidance.

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Publication

The Week That Was - 22 April 2022

Published on 22 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

Sports Ticker (22 April 2022) - Lamborghini esports team, World Rugby red card and Victoria 2026 Commonwealth Games - a speed-read of commercial updates from the sports world

Published on 22 April 2022. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate and Kate O'Malley , Associate

In a fortnight which saw Victoria win the bid to host the 2026 Commonwealth Games, we feature updates from the Masters, the launch of Lamborghini's esports team, alleged breaches of FFP regulations by Manchester City and proposals to introduce 20-minute red cards by World Rugby.

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Blog

Interim injunctions and competing public interests (Attorney General v BBC)

Published on 22 April 2022. By Mafruhdha Miah, Associate

In Her Majesty's Attorney General for England and Wales v British Broadcasting Corporation [2022] EWHC 826 (QB), an interim injunction has been granted in favour of the Attorney General (AG) to restrain the BBC from broadcasting the identity and image of an alleged covert human intelligence source for MI5 (known only as ‘X’) who is accused of being abusive to two former partners and using his position with MI5 to terrorise and control one of the women. The injunction was granted on the basis that, while it "represented a very significant interference with the right of the BBC to freedom of expression and the correlative right of the public to receive the information the BBC wishes to publish" [23], such a measure was necessary in order to prevent a real and immediate risk to X’s life or safety, as well as the potential wider impact of publication on national security.

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Publication

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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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.

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

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

Ofcom guidance on advertising on video-sharing platforms

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

What do operators of video-sharing platforms (VSPs) need to do to stay compliant with Ofcom’s guidance for advertising on their platforms?

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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

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

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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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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