Search

Snapshot

Consumer New - CMA campaign on unfair contract terms

13 December 2016

Untinted 3

Following an investigation into business attitudes towards unfair terms in consumer contracts, the CMA has published new practical guidance to assist compliance.

Read more
Snapshot

Consumer New - Pricing Practices Guide

13 December 2016

Purple tint 2

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 more
Snapshot

Nuisance calls

13 December 2016

Untinted 5

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 more
Snapshot

Investigatory Powers Act: Royal assent

13 December 2016

Untinted 4

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 more
Snapshot

TalkTalk: how quickly must you notify a personal data breach?

13 December 2016

Green tint 3

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 more
Snapshot

TalkTalk: ICO issues record fine

13 December 2016

Purple tint

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 more
Snapshot

Remedies for breach of contract - Scottish Power UK Plc v BP Exploration Operating Company Ltd Company Ltd [2016] EWCA 1043

13 December 2016

Untinted 3

Can a party be limited to an exclusive contractual remedy, without the right to claim damages for breach of contract?

Read more
Snapshot

New ICO Code on Privacy Notices Transparency and Control

13 December 2016

Untinted 3

The Information Commissioner’s Office (ICO) has recently issued a new Code of Practice on Privacy Notices, Transparency and Control (the Code).

Read more
Snapshot

Warranties - Idemitsu Kosan Co Ltd v Sumitomo Co Corp [2016] EWHC 1909 (Comm)

13 December 2016

Untinted 5

Can warranties constitute statements of fact which are actionable as misrepresentations?

Read more
Snapshot

Contractual interpretation - Process Components Ltd v Kason Kek Gardner Ltd 2016 EWHC 2198 Ch

13 December 2016

Green tint 2

Should a contract be construed in light of a common assumption between the parties?

Read more
Snapshot

Contractual discretion - Brogden and another v Investec Bank plc [2016] EWCA Civ 1031

13 December 2016

Green tint 4

What are the limits on a discretion conferred by a contract?

Read more
Snapshot

Confidential information Kerry Ingredients (UK) Ltd v Bakkavor Group Ltd [2016] EWHC 2448 (CH)

13 December 2016

Green tint 3

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 more
Snapshot

Restrictive covenants - Millen v Karen Millen Fashions Ltd & Anor [2016]

13 December 2016

Green tint 3

What is the scope of restrictive covenants given by a seller of a business?

Read more
Snapshot

Binding terms: Wells v Devani [2016] EWCA Civ 1106

13 December 2016

Purple tint 2

In what circumstances will the Court imply a term to fill a gap in a contract?

Read more
Snapshot

Binding terms: Novus Aviation Limited v Alubaf Arab International Bank BSC(c) [2016] EWHC 1575 (Comm)

13 December 2016

Green tint 1

Does a letter signed by one party but not the other constitute an enforceable contract?

Read more
Snapshot

Binding terms: Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd [2016]

13 December 2016

Green tint 1

Can a letter of intent constitute a binding contract?

Read more
Blog

Kevin Reed v HMRC - Tribunal dismisses taxpayer's application for reinstatement of his appeal

Published on 12 December 2016. By Alexis Armitage, Associate

Green tint 2

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 more
Blog

FCA identifies concerns with PI cover for general insurance intermediaries

07 December 2016

Green tint

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 more
Blog

Icebreaker litigation: partial award of costs upheld as HMRC recognised as the "substantial victor"

Published on 06 December 2016. By Constantine Christofi, Senior Associate

Untinted 3

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 more
Blog

Investigatory Powers Act gets royal assent

02 December 2016

Green tint 1

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 more
Blog

Spring Capital -Tribunal directs postponement of payment of tax

Published on 02 December 2016. By Constantine Christofi, Senior Associate

Gray tint 2

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 more
Publication

Tax update, December 2016

Published on 01 December 2016. By Adam Craggs, Partner

Untinted 4

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 more
Blog

Online Sales and Price-Fixing

Published on 01 December 2016. By Melanie Musgrave, Of Counsel

Untinted 2

The CMA recently issued a warning to online retailers against price-fixing and using automated re-pricing software to facilitate such arrangements.

Read more
Blog

FCA consults about delaying disclosure of inside information

01 December 2016

Untinted 3

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
Publication

FCA market study findings

30 November 2016

Green tint 3

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 more
Blog

Has Brexit cancelled Christmas?

Published on 25 November 2016.

Gray tint 1

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 more
Blog

High Court considers the Ramsay principle in the context of a proposed scheme of arrangement

23 November 2016

Untinted 5

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 more
Publication

The proof of the pudding is in the eating

Published on 23 November 2016. By Catherine Percy, Partner

Purple tint 3

Insureds can have their cake but only if they eat it too

Read more
Publication

VAT update, November 2016

Published on 23 November 2016. By Adam Craggs, Partner

Gray tint 3

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 more
Blog

Adjudication costs not recoverable as costs of proceedings

Published on 23 November 2016. By Felicity Strong, Partner

Untinted 3

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
Blog

"Refine but not replace Solvency II" declares the ABI

Published on 21 November 2016. By Jonathan Charwat, Senior Associate

Green tint 4

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 more
Blog

Approaches to supervising the conduct of intermediaries, IAIS paper

Published on 21 November 2016. By Jonathan Charwat, Senior Associate

Untinted 4

The International Association of Insurance Supervisors (IAIS) has published an application paper on approaches to supervising the conduct of intermediaries.

Read more
Blog

Smartphones, smartwatches... 'smart' offices?

Published on 18 November 2016. By Sophie Tuson, Senior Associate

Purple tint 5

Robot security guards, coffee machines that remember how you like your cappuccino, and smartphone apps which enable employees to control heating and lighting at the touch of a button. Welcome to the brave new world of the ‘smart’ office.

Read more
Blog

The ins and outs of tall buildings

18 November 2016

Untinted 4

Whilst iconic design can be fabulous, RPC asks if we will see developers and architects put more thought into the needs of their occupiers and surrounding landowners, and less of a focus on headline-grabbing exterior designs.

Read more
Blog

High Court dismisses Libyan Investment Authority's claim against Goldman Sachs

Published on 17 November 2016. By Simon Hart, Partner

Untinted 4

The High Court dismissed the Libyan Investment Authority's claim against Goldman Sachs based on two causes of action, undue influence and unconscionable bargains, in relation to a series of transactions which the parties entered into (the Disputed Trades) between September 2007 and April 2008, causing the LIA to lose billions.

Read more
Blog

BBC prevented from submitting evidence in IR35 case

16 November 2016

Untinted 2

In Paya Limited and Tim Willcox Limited v HMRC [2016] UKFTT 0660 (TC), the First-tier Tribunal (FTT) held that the BBC could not provide witness evidence of its own motion to the FTT in tax appeals, to which it was not a party.

Read more
Blog

High Court considers validity and timing of contractual notices in close-out procedures

Published on 16 November 2016. By Jake Hardy, Partner

Purple tint

The Commercial Court in London has considered a range of issues arising from the application of the close-out provisions of the standard form GMRA (Global Master Repurchase Agreement), year 2000 version (2000 GMRA).

Read more
Publication

Wealth and Trusts quarterly digest

Published on 15 November 2016. By Adam Craggs, Partner

Untinted 5

Our quarterly digest aims to bring you up to date commentary and analysis on key sector developments. RPC’s tax, wealth and trusts teams are able to provide a wide ranging service to assist you and your clients in responding to market trends and legal developments. We would welcome the opportunity to discuss any concerns you may have and always welcome feedback on the content of our publications.

Read more
Blog

The Olympic party that nobody wants to host

14 November 2016

Abstract building

Rio de Janeiro knows how to throw a party. But now that the dust has settled after the carnival celebration of hosting the Olympic Games, what state has the city been left in?

Read more
Blog

Salinger: IHT scheme succeeds

Published on 11 November 2016. By Constantine Christofi, Senior Associate

Untinted 2

In M L Salinger and J L Kirby v HMRC [2016] UKFTT 677 (TC), the First-tier Tribunal (FTT) held that the transfer of a reversionary interest had not been a transfer of value for Inheritance Tax (IHT) purposes and allowed the taxpayers' appeal.eal.

Read more
Blog

Acceptance or a counter-offer - what relevance are communications after the fact?

Published on 11 November 2016. By Christopher Whitehouse, Senior Associate and Simon Hart, Partner

Purple tint 5

In Caroline Gibbs v Lakeside Developments the High Court held that an email purporting to accept a settlement offer but attaching a consent order specifying a different payment date was not an acceptance but a counter-offer.

Read more
Blog

Building on Brexit

10 November 2016

Green tint

The Impact of Brexit on the Construction Industry and the House of Commons Briefing Paper

Read more
Blog

Essar v Norscot: the landmark decision third party funding has been waiting for?

Published on 10 November 2016. By Daniel Hemming, Partner and Geraldine Elliott, Global Head of Commercial Disputes

Untinted 2

The Commercial Court rejected an application to set aside an arbitral award entitling the respondent to its costs of third party litigation funding on the ground of serious irregularity. It also held that the Arbitration Act 1996 power to award "legal and other costs" included the costs of litigation funding.

Read more
Blog

Intention to be bound: High Court construes commitment letter against equity participant

Published on 09 November 2016. By Parham Kouchikali, Partner and Matthew Evans, Of Counsel

Untinted 4

The High Court held that the defendant signatory to a commitment letter intended to be legally bound by that document and was consequently in anticipatory repudiatory breach of contract. The decision highlights the need for contracting parties to be clear in documenting both their internal and external decision-making processes.

Read more
Blog

Court of Appeal sheds light on innocent party's right to affirm frustrated contract

08 November 2016

Gray tint 5

Court of Appeal held that the innocent party could not affirm a contract once its commercial purpose had been frustrated in order to claim on-going damages.

Read more
Blog

The Future of America

07 November 2016

Untinted 5

The presidential candidates offer opposing visions for America. This article takes a brief trip into the two possible futures that await the US on 8 November 2016.

Read more
Blog

The cost of power in the US election

Published on 02 November 2016. By Charlotte Thompson, Associate

Green tint 1

Electioneering in the US is big business.

Read more
Blog

A Presidential Personality

02 November 2016

Green tint

As much on this side of the pond as on the other, success on the political stage today seems to be determined by candidates’ personalities over their policies.

Read more
Publication

Tax update, November 2016

Published on 02 November 2016. By Adam Craggs, Partner

Purple tint

In this update we report on the proposed new corporate offence of failure to prevent facilitation of tax evasion, success against HMRC in the Supreme Court in relation to unlawful disclosure of confidential information and HMRC’s new specialist team which has been set up to tackle exploitation of freelance workers.

Read more
Blog

Chinese 'netizens' and the US Presidential Election

02 November 2016

Green tint 1

What do grassroots Chinese people think about the US election? Weibo and WeChat, the two dominant online social platforms in China, have provided a mixed answer.

Read more