Search
Another meander through Three Rivers (No 5): the scope of legal advice privilege
The High Court rejected RBS' claim that interview notes taken by the bank and its external lawyers in the course of two internal investigations were privileged.
Read moreFilling gaps: Implied terms in contracts
The Court of Appeal has held that where a contract would, on its face, be unenforceable because the parties failed to agree an essential term, the missing term cannot be implied.
Read moreTrainees Take on 2016: A Year in Review
Placing a £10 bet on Donald Trump, Brexit and Leicester City winning the Premier League this year would have made you a millionaire… 30 times over.
Read moreFootball agent scores a victory in loss of a chance case
The Court of Appeal upheld the appeal of a licensed football agent who alleged Sports and Entertainment Media Group had induced a professional footballer to breach an agency contract with him, which had deprived him of the fee he would have earned.
Read moreBiffin - Court grants injunction preventing HMRC from enforcement action
In Biffin Limited and Others v HMRC [2016] EWHC 2926 (Admin), the High Court has granted the taxpayers an injunction prohibiting HMRC from commencing enforcement action in respect of alleged tax liabilities.
Read more"It's privileged" – is not enough! High Court orders a full list of each document over which a claim to privilege is asserted
The High Court held that a defendant's claim to privilege in respect of communications between employees and in-house counsel went too far. It ordered the defendant to provide a full list of each document over which the defendant asserted a claim to privilege, together with an explanation of the nature of the privileged claimed.
Read moreThe Twelve "Laws" of Christmas
With the festive season upon us, we take a look at twelve "laws" and determine their legality with a festive twist.
Read moreHealth and safety law update, December 2016
Welcome to the December issue of our Health & Safety law update.
Read moreECON scrutinises EBA's approach to RTS under PSD2
The EBA Chair has recently appeared before ECON to explain the EBA's approach to the development of RTS on strong customer authentication and secure communications under PSD2, and to answer concerns raised by the committee and others about these RTS.
Read more3 Rivers (No5) floods back to potentially drown legal advice privilege?
A crisp and narrow focus, of particular relevance to US and financial services companies, has just been placed on the terms client, legal advice and lawyers' working papers by two recent first instance cases that have applied the decisions made in 3 Rivers (No5)
Read moreWho is going to pay? FCA launches consultation on the funding of the FSCS
The FCA's consultation follows on from FAMR and focuses on how the FSCS should be funded going forward.
Read moreLife Sciences, December 2016
Welcome to our final Life Sciences update of 2016. In this edition we cover Wilkes v DePuy (the recent judgment that deals with medical products liability and is a boost for defendants), the Brexit debate continued, fitness trackers making people unfit and insurers and manufacturers preparing for the outbreak of rare diseases.
Read moreSupreme Court considers the application of SAAMCo to claims against lawyers
The test for remoteness of damage in claims against lawyers is going to be examined today and tomorrow by the Supreme Court. The justices hearing the appeal include the president Lord Neuberger together with Lord Mance, Lord Clarke, Lord Sumption and Lord Hodge.
Read moreCourt of Appeal confirms criminal offences cover the sale of "grey" goods
The Court of Appeal (Criminal Division) has recently confirmed that the sale of "grey" goods can be a criminal offence under the Trade Marks Act 1994 (TMA).
Read moreConfidential information "oiled" progress of new product development
When is information confidential? A recent case gave cause for the English High Court to clarify.
Read moreContract formation - Electronic signatures: New Law Society practice note
The Law Society has issued a new practice note on the “Execution of a document using an electronic signature”.
Read moreASA/CAP - HFSS food and drink: New online ban in children's media
In May 2016, the Committee of Advertising Practice (CAP) published a consultation into food and soft drink advertising to children.
Read moreConsumer New - CMA campaign on unfair contract terms
Following an investigation into business attitudes towards unfair terms in consumer contracts, the CMA has published new practical guidance to assist compliance.
Read moreConsumer New - Pricing Practices Guide
The Chartered Trading Standards Institute (CTSI) has published new guidance which replaces the former version, being the Department for Business Innovation and Skills’ (BIS) Pricing Practices Guide 2010.
Read moreNuisance calls
From Spring 2017, directors can each be fined up to £500,000 by the Information Commissioner's Office (ICO) if their firms are found to be in breach of the Privacy and Electronic Communications Regulations (the Regulations) by making nuisance calls.
Read moreInvestigatory Powers Act: Royal assent
On 29 November 2016, the Queen gave royal assent to the Investigatory Powers Bill, marking the end of the controversial bill’s passage into law.
Read moreTalkTalk: how quickly must you notify a personal data breach?
How quickly must you notify the ICO following notification of a personal data breach? And what lessons can be learned from the tight timescales currently imposed on communications providers as all businesses head towards 72 hour data breach notification under the GDPR?
Read moreTalkTalk: ICO issues record fine
The ICO has issued a record £400,000 fine to TalkTalk for failing to keep personal data secure in breach of the Data Protection Act 1998 (DPA).
Read moreRemedies for breach of contract - Scottish Power UK Plc v BP Exploration Operating Company Ltd Company Ltd [2016] EWCA 1043
Can a party be limited to an exclusive contractual remedy, without the right to claim damages for breach of contract?
Read moreNew ICO Code on Privacy Notices Transparency and Control
The Information Commissioner’s Office (ICO) has recently issued a new Code of Practice on Privacy Notices, Transparency and Control (the Code).
Read moreWarranties - Idemitsu Kosan Co Ltd v Sumitomo Co Corp [2016] EWHC 1909 (Comm)
Can warranties constitute statements of fact which are actionable as misrepresentations?
Read moreContractual interpretation - Process Components Ltd v Kason Kek Gardner Ltd 2016 EWHC 2198 Ch
Should a contract be construed in light of a common assumption between the parties?
Read moreContractual discretion - Brogden and another v Investec Bank plc [2016] EWCA Civ 1031
What are the limits on a discretion conferred by a contract?
Read moreConfidential information Kerry Ingredients (UK) Ltd v Bakkavor Group Ltd [2016] EWHC 2448 (CH)
Does information provided for one purpose (but not under an express NDA), and used by the recipient for its own purposes enable the discloser to bring a claim for breach of confidence?
Read moreRestrictive covenants - Millen v Karen Millen Fashions Ltd & Anor [2016]
What is the scope of restrictive covenants given by a seller of a business?
Read moreBinding terms: Wells v Devani [2016] EWCA Civ 1106
In what circumstances will the Court imply a term to fill a gap in a contract?
Read moreBinding terms: Novus Aviation Limited v Alubaf Arab International Bank BSC(c) [2016] EWHC 1575 (Comm)
Does a letter signed by one party but not the other constitute an enforceable contract?
Read moreBinding terms: Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd [2016]
Can a letter of intent constitute a binding contract?
Read moreKevin Reed v HMRC - Tribunal dismisses taxpayer's application for reinstatement of his appeal
In Kevin Reed v HMRC [2016] UKFTT 0653 (TC), the First-tier Tribunal (FTT) dismissed the taxpayer's application for reinstatement of his appeal which had been struck out for failing to comply with directions issued by the FTT.
Read moreFCA identifies concerns with PI cover for general insurance intermediaries
The FCA has announced the results of a review into general insurance intermediaries' professional indemnity insurance. The FCA found sufficient breadth in the market, but also identified some significant concerns about the cover firms had purchased.
Read moreIcebreaker litigation: partial award of costs upheld as HMRC recognised as the "substantial victor"
In Bastionspark LLP and others v HMRC , the Upper Tribunal (UT) has held that the First-tier Tribunal (FTT) was entitled to find that HMRC had been the "substantial victor" and to make a partial award of costs in favour of HMRC notwithstanding that each party had been partially successful in an appeal against HMRC's decision regarding allowable expenditure.
Read moreInvestigatory Powers Act gets royal assent
This week, the Queen gave royal assent to the Investigatory Powers Bill (aka "The Snoopers Charter"), marking the end of the controversial bill's passage into law.
Read moreSpring Capital -Tribunal directs postponement of payment of tax
In Spring Capital Ltd v HMRC , the First-tier Tribunal (FTT) allowed the taxpayer's application for the postponement of payment of tax under section 55 Taxes Management Act 1970 (TMA), as it had a reasonable argument in relation to the underlying substantive issue.
Read moreTax update, December 2016
In this update we report on HMRC’s new guidance on client notification regarding Common Reporting Standards, the targeting by HMRC of the UK’s richest people and HMRC’s progress in reviewing the so-called Panama Papers. We also comment on three recent cases on whether the Tribunal has jurisdiction to entertain an application to provide witness evidence made by a non-party to the appeal, an inheritance tax scheme which succeeded and the Ramsay principle in the context of a proposed scheme of arrangement.
Read moreOnline Sales and Price-Fixing
The CMA recently issued a warning to online retailers against price-fixing and using automated re-pricing software to facilitate such arrangements.
Read moreFCA consults about delaying disclosure of inside information
The FCA has issued a consultation on amendments it proposes to make to the Disclosure and Transparency Rules section of the FCA Handbook. The FCA proposes to make these amendments to make the FCA Handbook consistent with ESMA's guidelines on delay in the disclosure of inside information.
Read more"For success and resilience – diversify!"
When PayPal, Uber, Acritas, Springer Nature, Legal & General Group Plc and RPC are all reported as saying the same thing on the same day – that diversifying your legal department and your law firm client contact team is good for business – then…. hopefully, the message will start to sink in!
Read moreFCA market study findings
One year on from the FCA’s launch of its market study in November 2015 on the asset management sector, the regulator’s interim findings suggest there is more to be done to achieve effective competition. It has also proposed some interim remedies, on which it seeks feedback by 20 February 2017.
Read moreHas Brexit cancelled Christmas?
The pressure is on for brands to compete for advertising success. But what is it about the festive period that encourages brands to spend increasingly eye-watering sums year on year? And has Brexit impacted brands' willingness to splash their cash on adverts this Christmas?
Read moreHigh Court considers the Ramsay principle in the context of a proposed scheme of arrangement
In Re Home Retail Group Plc , the High Court considered the so-called Ramsay principle of purposive construction in deciding whether a cancellation scheme following the sale of a business, to be carried out in connection with a takeover, fell within the anti-avoidance provisions contained in section 641(2A), Companies Act 2006 (CA 2006).
Read moreThe proof of the pudding is in the eating
Insureds can have their cake but only if they eat it too
Read moreVAT update, November 2016
In this month’s update we report on new regulations which allow HMRC to refuse registration of VAT representatives, HMRC’s new policy on the correct treatment of VAT incurred by a business prior to its VAT registration and the EU’s extension of the UK’s VAT derogation permitting the UK to restrict input tax recovery on car leasing costs to 50% where the car is available for private use.
Read moreAdjudication costs not recoverable as costs of proceedings
The Technology & Construction Court ("TCC") has recently considered whether there are circumstances in which a party can recover adjudication costs; the position, ordinarily, being that the costs of adjudication are not recoverable from the other side.
Read more"Refine but not replace Solvency II" declares the ABI
In its response to the Select Committee inquiry into the impact of Solvency II (as reported by us in September), the Association of British Insurers (ABI) has called on the Government to refine and not replace Solvency II. The response also claims that the implementation of the new regulations is harming customers, distorting markets and potentially unnecessarily affecting UK firms' ability to compete in the EU and globally.
Read moreApproaches to supervising the conduct of intermediaries, IAIS paper
The International Association of Insurance Supervisors (IAIS) has published an application paper on approaches to supervising the conduct of intermediaries.
Read more