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Freezing orders: risk of dissipation? Get real
The High Court has issued an important reminder of the need for solid evidence of a real risk that the respondent will take steps to dissipate their assets to frustrate a judgment in applications to continue a worldwide freezing order (WFO). Evidence of dishonesty alone is not enough, and conduct falling short of dishonesty is less likely to suffice. Evidence of untrustworthiness, or even dishonesty, does not amount to sufficiently robust evidence of a real risk of dissipation to continue a worldwide freezing order.
Read moreTerraLex virtual meeting: The new wave of M&A
In this video presentation, RPC's Neil Brown and Paul Joukador meet with Lori Green and Rick McGuirk to discuss issues related to force majeure, frustration of purpose, material adverse change, and how they’ve been impacted and will likely change in the post-pandemic world.
Read moreEquity Release Market Under the Spotlight
Yesterday the FCA published its key findings from exploratory work involving "later life lending". This type of lending is broadly where consumers 55 and over use borrowing to access cash in later life. One of those options is equity release which was the focus of the FCA's work. The FCA's focus on equity release appears to have resulted from an initial review of the broader later life lending market, at which time the FCA identified some "poor outcomes" in equity release sales.
Read moreBeware the desire to "make hay while the sun shines" – the ASA warns marketers to "think very carefully" before making COVID-19 claims
There is no denying the recent popularity of health and wellness trends: As at the end of 2018, the market had an estimated global value of $4.2 trillion. During the current climate, it has understandably gathered even more traction, with consumers increasingly concerned about obtaining and maintaining healthy bodies and minds.
Read moreBeware the desire to "make hay while the sun shines" – the ASA warns marketers to "think very carefully" before making COVID-19 claims
There is no denying the recent popularity of health and wellness trends: As at the end of 2018, the market had an estimated global value of $4.2 trillion. During the current climate, it has understandably gathered even more traction, with consumers increasingly concerned about obtaining and maintaining healthy bodies and minds.
Read moreWheely good news for product designers?
In Brompton Bicycle, C-833/18, the CJEU has confirmed that copyright can subsist in designs that are shaped to achieve a certain technical result, provided certain conditions are met.
Read moreNCL - Court of Appeal upholds tribunal decisions and confirms that a company was entitled to deductions representing IFRS 2 debits
In HMRC v NCL Investments Ltd and Smith & Williamson Corporate Services Ltd [2020] EWCA Civ 663, the Court of Appeal has confirmed that accounting debits relating to the grant of share options to employees were a deductible expense for corporation tax purposes notwithstanding that no monies were actually expended.
Read moreHong Kong Courts – Expansion of use of remote hearings
As expected, the judiciary in Hong Kong has announced that it will expand the use of remote hearings for civil cases. The first Guidance Note for Remote Hearings for Civil Business in the High Court (Phase 1) came into effect on 3 April 2020. This was during the general adjourned period (GAP), when the courts were generally closed as a result of COVID-19, save for urgent and essential court business. The GAP came to an end on 3 May 2020.
Read moreInternational risk team: Mediating in a time of social distancing
The new, and arguably more relaxed, government guidance notwithstanding, it seems inevitable that the COVID-19 crisis will leave people more cautious about face-to-face meetings. Nonetheless, disputes will continue, and so must efforts to resolve them.
Read moreCyber bytes - Issue 16
Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.
Read moreBeyond the fruit and yoga: surviving or thriving?
Last week the RPC Mental Health Work Stream (our internal network) hosted an interactive session with over 60 colleagues and clients.
Read moreTales from COVID: Insurance in the time of coronavirus - Bad faith
In conjunction with our US alliance partners, Hinshaw and Culbertson LLP, we have produced a series of 'informal chats' with the title 'Tales from Covid: Insurance in the Time of Coronavirus'.
Read moreThe curse of COVID strikes again – implementation of the Home Survey Standard delayed
As a result of the lockdown imposed in response to the COVID-19 pandemic, the new RICS Home Survey Standard, which was due to be implemented next month has now been delayed until December 2020. Whilst this will allow practitioners more time to become familiar with the new standard, it causes an unwelcome disruption to the introduction of a measure that should provide greater clarity for both surveyors and consumers of what is expected when commissioning and conducting a home survey.
Read moreLoan covenant disputes likely to impact almost all industry sectors unless lenders and investors work to find resolution
Loan covenant disputes caused by the coronavirus crisis are likely to impact almost all industry sectors in the coming year, unless lenders and investors work together to resolve problems caused by covenant breaches.
Read moreFCA advice checker – FCA statement on what customers should look out for in DB transfer advice
Wrapping up the documents published by the FCA on 5 June 2020 on the issue of defined benefit pension transfers (DB transfers), we address in this blog the FCA's "advice checker".
Read moreThe future of DB transfer advice - the FCA's policy statement
In part 3 of our blog series on defined benefit pension transfers (DB transfers) we look at the FCA's policy statement on changes to the DB transfer rules. The change that has attracted most press attention is the ban on contingent charging but there are other parts to the policy statement that are likely to have a much more substantive impact on the DB transfer market going forward.
Read moreCK Hutchison wins in the ECJ – better late than never?
CK Hutchison wins its appeal against the EC's decision to block Three UK’s 2016 merger with O2.
Read moreRPC Bites #10
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.
Read more"Always look on the bright side of life" - even when life has been turned upside down
Seeing the coronavirus in a positive light
Read moreNo room for error – The decision in Mahoney v Royal Mail
In a decision reported by Crown Office Chambers, the claim of Mahoney v Royal Mail had been proceeding through the online claims portal uneventfully and in the usual manner. Liability had been admitted by the Defendant at stage 1 and the parties had been negotiating settlement at stage 2.
Read morePartners and closure notices: making amends
In R (on the application of Amrolia) v HMRC; R (on the application of Ranjit-Singh) v HMRC [2020] EWCA Civ 488, the Court of Appeal held that notices amending individual partners’ tax returns under section 28B(4), Taxes Management Act 1970 (TMA), were not closure notices and therefore did not need to specify the final amounts of tax due.
Read moreDB Transfers – the FCA's views on good and bad practice
Continuing our blog series, one of the documents produced by the FCA on Friday was a guidance consultation document intended to meet requests from the industry to help advisers understand the FCA's expectations when advising on pension transfers and conversions. The document includes examples of the FCA's views of good and bad practice in the area of defined benefit pension transfers (DB transfers). The stated aim is to "improve the suitability of DB transfer advice" and "to give advisers confidence to give good advice". The FCA expects firms providing DB transfer advice to read the document and once finalised it is intended that firms use it to identify any weaknesses in their existing processes.
Read moreSports Ticker 14 – PRO14, World TeamTennis and Man United v Football Manager
Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.
Read moreDB transfers – further findings from the FCA's supervisory review
The FCA produced four documents on Friday addressing defined benefit pension transfers – an update on their supervisory work, a guidance consultation setting out examples of good and bad practice, an "advice checker" for consumers (including helping them consider if they should make a complaint) and a policy statement setting out changes to the defined benefit pension transfer rules which are to largely come into force from 1 October 2020. All are essential reading for an area the FCA continues to fixate on and where it has focussed since the April 2015 pension freedoms.
Read moreV@ update - May 2020
Welcome to the first edition of RPC's V@, an update on developments in the VAT world that may impact your business.
Read moreProduct Law bulletin – June 2020
Welcome to the latest edition of our product law update, this month we focus on how COVID-19 is impacting product liability regulation.
Read moreMinority shareholder oppression and the proper plaintiff rule – it gets personal
Section 216 of the Companies Act (Cap. 50) affords protection for minority shareholders where their interests are oppressed by the manner in which the company’s affairs are being conducted or by how the directors’ powers are being exercised.
Read moreTax Bites - June 2020
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreA look at Lloyd's of London
Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests. This episode we look at Lloyd's of London, who they are and why they are such a key part of the global insurance industry. Our guest this week is Elliot Maule, Senior Programme & Marketing Manager at Lloyd's.
Read moreInternational risk team: The potential and perils of offshore wind
A recent report by the IEA(1) has laid bare the impact of the COVID-19 pandemic on the energy industry. Demand for coal and oil plummeted as entire countries and industries went into lockdown in the first quarter of 2020. Renewable energy, however, bucked the trend and actually saw demand increase, primarily due to larger installed capacity and priority dispatch.
Read moreSnapshots Spring 2020
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreInvestec - Court of Appeal confirms partnership contributions not deductible
In Investec Asset Finance Plc and Another v HMRC [2020] EWCA Civ 579, the Court of Appeal has held that partnership contributions were non-deductible, but has upheld the 'no double taxation' principle and prevented HMRC from introducing arguments not previously relied upon.
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Gender stereotyping and the use of one gender in an ad
ASA ruling against PC Specialist
Read moreInfluencer marketing, alcohol and youthful looks
ASA ruling on Sazerac UK Ltd t/a Southern Comfort
Read moreNew CAP/CMA Guidance: #Ad(vice) for Influencers
What should influencers do to avoid falling foul of the Committee of Advertising Practice’s (CAP’s) standards on labelling ads?
Read moreOnline Affiliate Marketing: New CAP advice note
What should brands do to ensure that their affiliate marketing complies with the CAP Code?
Read moreNew EU Consumer Protection Co-operation Regulation comes into force
What does the revised EU Consumer Protection Cooperation Regulation (CPC) mean for traders and consumers?
Read moreEuropean Commission proposal for new Digital Services Act
What’s in the European Commission’s proposal for a new Digital Services Act (DSA)?
Read moreOnline Harms White Paper: consultation response
What has been the Government's response to the initial consultation on the Online Harms White Paper (White Paper)?
Read moreCJEU's CCTV ruling: guidance on legitimate interests processing
Case C-708/18 TK v Asociaţia de Proprietari bloc M5A-ScaraA EU:C:2019:1064
Read moreEPDB guidelines: Data Protection by Design and by Default
How familiar are you with the obligations in the GDPR to protect personal data by design and default (DPbDD)? And what practical measures can you take to help ensure compliance?
Read moreSchrems II - Advocate General's Opinion
Case C-311/18 Data Protection Commissioner v Facebook Ireland Ltd
Read moreICO issues monetary penalty notice against Cathay Pacific for data breach
When is the ICO likely to impose its maximum fine for a data breach?
Read moreICO monetary penalty notice against DSG Retail Ltd for data breach
What factors did the ICO take into account when issuing the maximum £500,000 penalty (under the old Data Protection Act) against DSG for a data security breach relating to its Point of Sale (POS) payment terminals?
Read moreAdtech and the data protection debate - where next?
How has the discussion surrounding the regulation of real-time bidding (RTB) evolved since the publishing of the ICO’s Adtech Update Report last June?
Read moreICO consults on new direct marketing code of practice
What is new about the ICO’s proposed new Direct Marketing Code of Practice (the New Code)?
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