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Corporate tax update July 2019
Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team. This month’s report includes summaries of the recent decision of the Upper Tribunal on corporate tax residence in Development Securities plc, two ECJ decisions on cross-border loss relief and yet another decision on the application of the ‘IR35’ rules.
Read moreMarks & Spencer – 'free' wine supplied as part of a promotional offer was subject to VAT
In Marks and Spencer plc v HMRC [2019] UKUT 0182 (TCC), the Upper Tribunal (UT) has upheld the First-tier Tribunal's (FTT) decision that wine supplied 'free of charge' as part of a promotion was subject to VAT.
Read moreMPs Vote to Lift Abortion Ban in Northern Ireland
Last Wednesday MPs in Westminster voted in favour of lifting the abortion ban in Northern Ireland by a majority of 332 votes to 99. The passing of the amendment has been hailed as a historic day for women's rights but what does it mean practically?
Read moreOWD – HMRC unable to permit temporary trading pending appeal
In OWD Ltd trading as Birmingham Cash and Carry (in Liquidation) and Anor v HMRC [2019] UKSC 30, the Supreme Court has held that HMRC does not have power under section 88C, Alcohol Duties Liquor Act 1979 (ALDA) or section 9, Commissioners for Revenue and Customs Act 2005 (CRCA), to permit temporary trading pending the determination of an appeal to the First-tier Tribunal (FTT) against HMRC's refusal to grant approval under the Alcohol Wholesalers Registration Scheme (AWRS).
Read moreGuidance on misleading "faux fur" claims in clothes and accessories
The Committee of Advertising Practice (CAP) has issued an Enforcement Notice advising that retailers should be careful as to how they may unwittingly advertise products as "faux fur" when they may actually contain real animal fur.
Read moreRetail Compass Summer edition 2019
Welcome to the Summer 2019 edition of Retail Compass – our guide to key upcoming legal and policy changes affecting Retail and our thoughts on the need-to-know issues.
Read moreSpurs suffer Champions League defeat to the Advertising Standards Authority
Spurs' heartbreak in Madrid was not the only loss they suffered on their Champions League journey this year. A tweet from Spurs announcing their line-up for their knock-out game against Borussia Dortmund featured the gambling operator William Hill, and was ruled to contravene the CAP Code.
Read moreFCA announces new rules on peer-to-peer lending
The FCA has published its policy statement on peer-to-peer (P2P) lending following a lengthy public consultation into the crowdfunding industry in general. The policy statement introduces a large number of new rules for P2P platforms and includes restrictions on direct marketing to non-sophisticated / high net worth investors unless they are receiving regulated advice, and ensuring such investors do not place more than 10% of their investable capital in P2P platforms.
Read moreBrexit: A blessing or a curse for accountants?
A recent survey has indicated that the accountancy profession is well placed to accommodate the uncertainties surrounding Brexit.
Read moreASA uses child avatars to tackle irresponsible gambling ads targeted at children
How has the ASA’s introduction of new technology, such as child avatars, impacted on ad monitoring and enforcement?
Read moreTottenham Hotspur rapped by ASA for use of young player in betting tweet
When is it possible to feature an individual under the age of 25 in a gambling ad?
Read moreCAP and BCAP issue gambling advertising guidance
What must you do in order to ensure a gambling ad is not aimed towards children?
Read moreBetfred avoids irresponsible gambling ad breach
When does an ad showing characters gambling during everyday activities cross the socially responsible line in the BCAP Code?
Read moreASA rules that Chupa Chups ads don’t suck
If you’re careful about placement and knowing the demographic of your audience, how safe are you showing ads for products high in fat, salt or sugar (HFSS)? And what about using characters and celebrities popular with children for sugar-free products, which may be synonymous with the core HFSS range?
Read moreGovernment consults on HFSS advertising
What are the Government’s new proposals for advertising restrictions for High in Fat, Salt or Sugar (HFSS) products?
Read moreServing up the truth, the whole truth and nothing but the truth?
The Court has reminded us that the duty of full and frank disclosure applies to any application made without notice to the other party. Although this is most typically an issue in applications for injunctions, permission to serve a claim out of the jurisdiction was recently set aside on the grounds of the claimant's failure to disclose to the Court a potential limitation defence to the claim.(1)
Read moreThe Medical Devices Regulation 2017 and good business practice
When it comes to risk management, businesses in general should take note of the issues covered by the Medical Devices Regulation 2017
Read moreCAP: naming prize winners and marketing to children
When is it necessary to obtain the consent of a parent or guardian to use a child’s data for marketing? What process should be adopted in terms and conditions for announcing winners of competitions and prize draws?
Read more“Was/now” price claims: Zestify Media
What price can be stated as the “was” price to represent a genuine saving when compared with the “now” price?
Read moreLidl held to mislead consumers with cheesy price comparison
In making price comparisons with a competitor, do you need to take account of their promotional pricing?
Read moreCAP issues guide on comparative advertising campaigns
What must marketers consider when running a comparative advertising campaign?
Read moreEuropean Data Protection Board issue guidelines on contractual processing for online services
When is it appropriate for Information Society Services (ISSs) to process personal data on the basis that it is “necessary for the performance of a contract”?
Read moreNotifying data subjects of processing under the GDPR
What are proportional measures to take when meeting the informational obligation imposed on data controllers?
Read morePhilip Morris burned by its own internal rules on influencer marketing
How careful do you need to be when using youthful-looking influencers to promote e-cigarettes?
Read moreNew EU Platform for Business Regulation: improving fairness of the trading practices of online platforms
What are the EU’s proposals for improving trading practices in the online economy?
Read moreInternet of Things – DCMS consultation on security for consumers
What are the Government’s proposals for ensuring the security of everyday items which are always connected to the internet (Internet of Things)?
Read moreGovernment response to DCMS report on disinformation and fake news
What does the Government’s response to the Digital, Culture, Media and Sport (DCMS) select committee report on disinformation mean for businesses with an online presence?
Read moreOnline Harms White Paper proposes regulatory framework to entrench online safety
Can the UK become the safest place in the world to go online?
Read more“New Deal for Consumers” Directive
What is the “New Deal for Consumers” Directive? Where has it got to? And how will it impact my business?
Read moreCMA investigates customers’ auto-renewal terms in online gaming terms and conditions
How might the CMA’s investigation into auto-renewals and other potentially unfair terms in online gaming contracts affect wider industry?
Read moreNo obligation to provide consumer telephone lines: Amazon
In the proceedings brought by the German federation of consumer associations against Amazon, the Advocate General found that a trader does not have to provide a telephone number as long as the consumer can contact the trader quickly, the information provided is clear and accessible and communication can happen effectively.
Read morePensions company fined for unsolicited emails following inaccurate advice
How far can you avoid culpability for a data marketing data breach on the grounds that you were given faulty legal advice or that a third party conducted the marketing campaign on your behalf?
Read morePPI claims company fined £120,000 by the ICO for spam texts
Will a data controller be held responsible where a third party acting on its behalf breaches data privacy laws?
Read moreHMRC issued enforcement notice by ICO for use of biometric data
When is consent sufficient for collecting, processing and using biometric data?
Read moreICO: Age Appropriate Design Code for information society services
What steps does the Information Commissioner’s Office (ICO) require to ensure adequate protection of children online?
Read morePre-ticked boxes and cookies consents: Planet49
Is unticking a box sufficient to meet the consent requirements for the installation of cookies? Separately, can you agree to sharing your data with third parties in order to gain entry to a prize draw?
Read moreJudicial review of ASA decision on “average consumer” test
Had the Advertising Standards Authority (ASA) correctly applied the “average consumer” test when deciding that the use of the term “fibre” in ads for part-fibre broadband was not materially misleading?
Read moreASA ruling on Vodafone pricing
Did Vodafone exaggerate the price at which it could offer consumers broadband?
Read moreConsultation on Distributed Ledger Technologies Cryptoassets and Smart Contracts
What is the legal status of cryptoassets and smart contracts?
Read moreFraudulent Misrepresentation and non-party losses
What are the requirements for fraudulent misrepresentation? Can a non-party supplier claim loss of profit under a terminated contract?
Read more‘Relational’ contracts and the implied duty of good faith
Which characteristics will the court consider when deciding whether a contract is “relational” and therefore subject to an implied duty of good faith?
Read moreWhen can the court not apply the cost consequences of Part 36 offers?
When can the court not apply the cost consequences of Part 36 offers?
Read moreBenefiting from the Contracts (Rights of Third Parties) Act
Can third parties that are not easily identifiable benefit from the Contracts (Rights of Third Parties) Act 1998?
Read moreHaworth – Court of Appeal confirms HMRC misdirected itself and quashes payment notices
The recent unanimous judgment of the Court of Appeal in R (on the application of Haworth) v HMRC [2019] EWCA Civ 747, is the first successful judicial review challenge against follower and accelerated payment notices. The decision throws into question the way in which the relevant statutory provisions, contained in Finance Act 2014 (FA 2014), relating to follower and accelerated payment notices have been interpreted and operated by HMRC and as a consequence, many other notices may also have been issued by HMRC unlawfully.
Read moreTax update - July 2019
In this month’s update we report on HMRC’s updated guidance on the meaning of “ordinary share capital”, the Law Society’s response to HMRC’s off-payroll working rules consultation and changes to the principal private residence ancillary reliefs.
Read moreRPC provides response to 'Online harms' consultation
This consultation response is submitted on behalf of RPC's Tech Group*. RPC is an international law firm with offices in London, Bristol, Hong Kong and Singapore. RPC acts for a range of clients from start-ups to multi-nationals in the technology, media, and retail sectors and for their insurers. RPC's Tech Group provides specialist advice on regulation, content liability, commercial contracts, outsourcing, data protection, cyber, intellectual property, e-commerce, and investigations and disputes. Views expressed in this submission do not necessarily represent those of our clients.
Read moreReforms to the FA's Regulations on Working with Intermediaries
RPC summarise the key changes to the FA's Regulations on Working with Intermediaries (the "Regulations"), and offer practical tips to agencies, clubs and players to manage their impact.
Read moreCourt of Appeal makes rare order for rectification, with interesting consequences…
The Court of Appeal has ordered rectification resulting in one party being in breach of warranty and liable pay damages. In Persimmon Homes Limited v Hillier and Creed [2019] EWCA Civ 800, the dispute centred on whether all plots of land required to create a development site were intended by both parties to be included in a sale, when in fact two plots out of six were not included.
Read moreWhat expenditure falls within ‘ordinary and proper course of business’ exception in freezing orders?
The cost of pursuing related arbitration proceedings and fighting extradition proceedings could be costs incurred in the ‘ordinary and proper course of business’ according to the Court of Appeal in Koza Ltd v Koza Altin.(1)
Read moreHealth and safety update June 2019
Welcome to our June 2019 health and safety update where we look at the health and safety stories that have recently hit the headlines as well as the latest fines and sentences that have been handed down.
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