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Publication

Customs and excise quarterly update - February 2022

Published on 22 February 2022. By Adam Craggs, Partner and Michelle Sloane, Partner

In this update we report on (1) a new customs consultation launched by the government; (2) HMRC's updated guidance on pre-clearance checks; and (3) stage three of Brexit customs changes. We also comment on three recent cases relating to (1) HMRC's failure to issue assessment notices within the statutory timeframe for excise duty; (2) the customs classification of the Rough Terrain Vehicle X900; and (3) the customs classification of certain TV stands.

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Publication

Spotlight on Private Wealth - February 2022

Published on 22 February 2022. By Adam Craggs, Partner and Geraldine Elliott, Global Head of Commercial Disputes

Welcome to Spotlight on Private Wealth. This update is designed to keep you up to speed with developments in the private wealth world. In this edition we explore everything from Royal wills to cryptocurrency.

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Publication

RICS PII market consultation – Is the feeling mutual? Have your say

Published on 21 February 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner

When WW1 ended, Britain started rebuilding. The Prime Minister of the day, Lloyd George, launched a campaign to build 'homes for heroes', due to concern over poor housing standards. Mass construction ensued with a new form of 'social housing' created, as well as growth in the private sector. As the housing sector developed, in 1921 the governing body for many surveyors, then known as the Chartered Auctioneers and Estate Agents Institute (CAEAI), but what is now known as the RICS, introduced a requirement for its members to have professional indemnity insurance with various Lloyd's syndicates.

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Podcast

A look at the Association of British Insurers (a podcast with Seth Williams)

21 February 2022

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Seth Williams of the Association of British Insurers (ABI) which is also their topic for discussion.

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Publication

The Week That Was - 18 February 2022

Published on 18 February 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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Blog

Hong Kong – Appeal case reviews adequacy of regulator’s reasons not to proceed with complaint

Published on 18 February 2022. By Samuel Hung, Partner and Jennifer Leung, Associate

In Ng Shek Wai v HKICPA , the Court of Appeal reviewed the adequacy of the reasons for a regulator's decision that there was no prima facie case of professional misconduct. The issue arose in the context of an application for judicial review.

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Publication

Construction of the insuring clause in solicitors’ MTC compliant policy considered in law firm funder’s claim

Published on 17 February 2022. By Laura Stocks, Partner and Aimee Talbot, Senior Associate

On 3 February 2022 Mr Justice Butcher handed down judgment in Doorway Capital Ltd v American International Group Ltd1, granting reverse summary judgment in favour of the insurer defendant.

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Blog

The Future Fund - two years on

Published on 16 February 2022. By Edward Colville, Partner

Figures published at the end of January show that the Future Fund, a scheme launched by the British Business Bank (the BBB) at the height of the pandemic to support innovative UK companies, is now a shareholder in 265 British companies.

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Blog

High Court finds that a cryptocurrency exchange arrangement was not a trust

Published on 16 February 2022. By Dan Wyatt, Partner and Christopher Whitehouse, Senior Associate

The High Court decided that no trust could arise where two parties had agreed to an exchange of cryptocurrencies (in essence a sale and repurchase agreement), as the essential economic reciprocity precluded the existence of any trust.

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Blog

Expenses incurred in defending partners against criminal charges were incurred "wholly and exclusively" for the business and were deductible

Published on 16 February 2022.

In TR, SP and SR Rogers v HMRC [2021] UKFTT 0458 (TC), the First-tier Tribunal (FTT) decided that expenses incurred defending two of the partners of a partnership against criminal charges were incurred wholly and exclusively for the business of the partnership and the expenses were therefore deductible.

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Publication

Sports Ticker (15 February 2022) - Sony acquires Bungie, LaLiga launch Amazon store and BT, Eurosport in JV negotiations - a speed-read of commercial updates from the sports world

Published on 15 February 2022. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate

In a fortnight which has seen the settlement of the passing off claim against the House of Rugby podcast (see Edition 54), the Washington Redskins' rebranding coming into effect as they become the Washington Commanders, and the CAS's decision to allow Kamila Valieva to continue competing in the Winter Olympic Games, we feature an update on BT's ongoing negotiations with Discovery around a potential joint venture with Eurosport UK, LaLiga's official Amazon store launch and Sony's acquisition of Bungie.

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Publication

Cyber_Bytes - Issue 39

Published on 15 February 2022. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Senior Associate and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Ridvan Canbilen, Associate and Laura Thackeray, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to latest edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Blog

EDPB guidelines on personal data breach notifications

Published on 14 February 2022. By Richard Breavington, Partner and Elizabeth Zang, Associate and Laura Thackeray, Associate

Last month, the EDPB published their "Guidelines on Examples regarding Personal Data Breach Notification" (the Guidelines). These are intended to provide "practice-oriented, case-based" guidance on when it is necessary to notify the relevant supervisory authorities (the SA) under Article 33(1) of the GDPR and/or data subjects under Article 34(1) of the GDPR following a personal data breach.

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Blog

ESG claims in the banking and financial markets Sector: will "greenwashing" claims soon be common in the UK?

Published on 14 February 2022. By Chris Ross, Partner and Nina Pulimood, Associate

Environmental, Social and Governance "ESG" funds are an attractive avenue for investors seeking responsible investment choices.

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Blog

ESG claims in the banking and financial markets Sector: will "greenwashing" claims soon be common in the UK?

Published on 14 February 2022. By Chris Ross, Partner and Nina Pulimood, Associate

Environmental, Social and Governance "ESG" funds are an attractive avenue for investors seeking responsible investment choices.

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Publication

RICS Article Series – Article 1

Published on 14 February 2022. By Ben Goodier, Partner and Emma Wherry, Senior Associate and Sarah O'Callaghan, Associate and Laura Sponti, Paralegal

In this series of articles, we explain the procedure for disciplinary investigations against chartered surveyors.

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Podcast

Supporting mid-sized businesses in a challenging landscape

14 February 2022

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In the first Taxing Matters episode of 2022, we are delighted to be joined by special guest Margaret Mousley, Deputy Director at HMRC.

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Publication

The Week That Was - 11 February 2022

Published on 11 February 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

RPC Bites #43 – Colin and Cuthbert - friends again? The ASA reprimands Oatly and Lipton Ice Tea over green claims and calorie labelling coming soon

Published on 10 February 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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Podcast

Can Retail Bridge The Diversity Gap?

10 February 2022

Kelly Thomson joins the British Retail Consortium's Retail Radio podcast, to discuss diversity and inclusion in the workplace.

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Blog

Proposed amendments the Employment Ordinance announced by the government on Tuesday, 8 February 2022

Published on 10 February 2022. By Andrea Randall, Partner and Lillian Wong, Associate

Unvaccinated persons will be banned from entering an additional six types of premises, namely shopping malls, department stores, religious venues, supermarkets, wet markets and hair salons under a "vaccine pass" scheme, which is to be launched later this month on 24 February 2022. From 24 February 2022 onwards, only persons who received at least the first dose will be allowed to enter regulated premises using the LeaveHomeSafe app and presenting their vaccination record.

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Publication

Still Knot so Weedy: RICS issues new guidance on Japanese Knotweed following consultation

Published on 10 February 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner

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The RICS has published its new guidance on Japanese Knotweed, following a period of consultation last summer.

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Blog

Tribunal reduces scope of Schedule 36 Information Notices

Published on 09 February 2022. By Michelle Sloane, Partner

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HMRC bears the burden of proof that the information requested to check a taxpayer's tax position, as set out in Schedule 36 information notices, is reasonably required and that records requested are statutory records.

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Blog

Game over for hyperlinking sites, following Nintendo's recent blocking order success

Published on 08 February 2022. By Joshua Charalambous, Senior Associate and Abigail Gim, Paralegal

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In a helpful and clear judgment from the IPEC, Nintendo has succeeded in obtaining a broad website blocking order, which includes websites that merely redirect, or link to, third party piracy websites. The decision represents an important win for Nintendo in its continuing efforts to curtail the spread of online piracy in the UK.

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Publication

Health and Safety Bulletin – February 2022

Published on 08 February 2022. By Gavin Reese, Partner and Mamata Dutta, Legal Director and Bonar Whitlock, Trainee Solicitor

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Welcome to this month's health and safety update. View the headlines below or click the pdf at the bottom of the page to read the full articles.

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Podcast

Is Cyber insurance in crisis? (a podcast with Tom Johansmeyer)

08 February 2022

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Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by returning guest Tom Johansmeyer, Head of Property Claims services at Verisk. In this episode they discuss and try to answer the following question: 'Is cyber insurance in crisis?'.

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Blog

Hide and Seek: Limitation Periods in Competition Law Damages Claims

Published on 07 February 2022. By Lambros Kilaniotis, Partner and Chris Ross, Partner and Claus Wenzler, Associate

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The recent judgment in Gemalto v Infineon and Renesas put back into focus the duty of potential claimants in competition damages claims to reasonably investigate potential claims against cartelists when relevant facts emerge.

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Publication

The Week That Was - 4 February 2022

Published on 04 February 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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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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Blog

No knowing receipt claim where equitable interest is destroyed: Byers v Saudi National Bank

Published on 03 February 2022. By Emily Saffer, Associate and Simon Hart, Partner

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The Court of Appeal has held that a claim in knowing receipt will fail if, at the moment of receipt, the beneficiary’s equitable proprietary interest is destroyed or overridden so that the recipient holds the property as beneficial owner.

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Publication

Tax Bites - February 2022

Published on 03 February 2022. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

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Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.

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Blog

Case closed: Court of Appeal has no inherent jurisdiction to review decision by single Court of Appeal Judge refusing permission to appeal if refusal is 'arguably wrong'

Published on 03 February 2022. By Geraldine Elliott, Global Head of Commercial Disputes and Matthew Evans, Of Counsel

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The Court of Appeal has confirmed that it has no inherent jurisdiction (outside Civil Procedure Rule.52.30 which applies in very limited circumstances) to reopen an appeal where a single judge has refused permission

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Blog

How aware were you? High Court refuses to strike out fraudulent misrepresentation claim in VW 'Dieselgate' emissions

Published on 03 February 2022. By Jessica Davies, Associate and Jake Hardy, Partner

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In Crossley and others v Volkswagen Aktiengesellschaft and others(1) the High Court refused to strike out or summarily dismiss the fraudulent misrepresentation claim brought by more than 86,000 vehicle owners against Volkswagen ("VW").

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Publication

The scope of a valuer's duty post Manchester Building Society and Khan – the Privy Court's view

Published on 03 February 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner and Charles Underwood, Trainee Solicitor

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In Charles B Lawrence & Associates v Intercommercial Bank Ltd (Trinidad and Tobago) [2021] UKPC 30 , the Privy Council was tasked with applying the reformulated "scope of duty principle" derived from Manchester Building Society and Khan to a valuer's negligence claim in which the title to the secured land was also defective.

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Blog

White-collar crime and compliance predictions for 2022

Published on 03 February 2022. By Sam Tate, Partner and Kate Langley, Senior Associate

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In a blink of an eye, we are moving into a new spring with a new set of challenges and opportunities facing businesses. Here are RPC's three white-collar crime and compliance predictions for 2022…

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Publication

What if the CEO asks me about… avoiding greenwashing?

Published on 02 February 2022. By Ciara Cullen, Partner and Oliver Bray, Senior Partner and Sophie Tuson, Senior Associate

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With consumers increasingly demanding greener and more sustainable products, retailers and consumer brands are busy innovating in an effort to reduce the environmental impact of their business, products and services.

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Blog

Entrepreneurs' relief applied to disposal of business premises

Published on 02 February 2022. By Harry Smith, Senior Associate

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Entrepreneurs' relief (now Business Asset Disposal Relief) applies to disposal of premises as part of long-term sale of business

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Blog

SIPPs and FOS - does the Rowanmoor decision change anything?

Published on 02 February 2022. By Rachael Healey, Partner

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Last week FOS published a decision it reached last year in a complaint against a SIPP provider involving advised sales. The FOS upheld the complaint, finding that the SIPP provider should have rejected business from the regulated financial adviser, CIB Life and Pensions Limited (CIB), given, broadly, red flags available to the SIPP provider with respect to the operation of CIB's business model including that CIB was not advising on the ultimate investment within the SIPP and as a result such introductions involved a significant risk of consumer detriment. The decision has received quite a bit of press attention - but has it moved the dial for SIPP complaints before FOS or not?

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Publication

Scope of duty and recovery of losses

Published on 01 February 2022. By Ben Goodier, Partner

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A structural engineering designer is not under any duty to avoid or prevent damage to the reputation of a developer.

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Publication

Lawyers Covered - January 2022

31 January 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

Lawyers Covered - January 2022

31 January 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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Blog

Good faith does not go both ways

Published on 31 January 2022. By Tom Toulson, Senior Associate

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It is common knowledge that solicitors owe fiduciary duties to their clients but what about the other way around? Do clients owe a duty of good faith to their solicitors (as an implied term of the retainer)?

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Publication

Fire Risk Assessments - The latest developments

Published on 31 January 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner and Lucy Cadwallader, Associate

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The British Standards Institution has published PAS 9980:2022, the new code of practice for fire risk appraisals of external wall construction and cladding of existing blocks of flats.

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Publication

The Week That Was - 28 January 2022

Published on 28 January 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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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 (28 January 2022) - Premiership Rugby's ITV union, Southgate crypto nightmare and Microsoft esports deal - a speed-read of commercial updates from the sports world

Published on 28 January 2022. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate

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In a fortnight which has seen Nick Kyrgios enjoy his home crowd at the Australian Open and Premier League stars light up the African Cup of Nations, we feature Microsoft's plans to acquire Activision Blizzard, the Premier League's pandemic postponement rules and ITV's broadcasting deal with Premiership Rugby. We also look at Southgate's crypto scam response, F1's sprint event stalemate and the Exeter Chiefs rebrand.

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Publication

V@ Update – January 2022

Published on 27 January 2022. By Adam Craggs, Partner

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Welcome to the January 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

Visa navigate the Amazon

Published on 27 January 2022. By Henry Priestley, Partner and Ellie Ward, Associate

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Amazon recently halted its decision to stop accepting Visa credit card payments for UK customers on January 19th. The decision to prohibit the use of Visa credit cards was initially enacted due to a dispute that arose over payment fees levied by card issuers.

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Publication

Cyber_Bytes - Issue 38

Published on 26 January 2022. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Senior Associate and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Ridvan Canbilen, Associate and Laura Thackeray, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

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We are back following a short seasonal break and hope you enjoy this latest edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Blog

Quinn – Taxpayer entitled to claim enhanced research and development relief

Published on 26 January 2022.

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In Quinn (London) Ltd v HMRC [2021] UKFTT 0437 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal against HMRC's decision to refuse its claims for enhanced research and development relief (enhanced R&D relief), on the basis that the claimed expenditure was “subsidised” within the meaning of section 1138(1)(c), Corporation Tax Act 2009 (CTA 2009).

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Publication

The Week That Was - 21 January 2022

Published on 21 January 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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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

The Food, Beverage and Cosmetics Law Review: United Kingdom

Published on 20 January 2022. By Ciara Cullen, Partner and Ben Mark, Partner

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RPC is excited to announce that the UK chapter of the very first Food, Beverage and Cosmetics Law Review has been published and is available to download.

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