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Sky Kick Back! High Court finding of bad faith overturned by Court of Appeal in long-running Sky v Skykick saga
On 26 July 2021, the Court of Appeal (CoA) handed down its much-anticipated decision in the latest instalment of the Sky v Skykick trade mark dispute.
Read moreFire Safety Act 2021: Clarification for the Responsible Person
The Fire Safety Bill (the "Bill") received Royal Assent on 29 April 2021 and is now known as the Fire Safety Act 2021 (the "Act"). Although the date has not yet been confirmed for when the Act comes into force, this is another significant development on the issue of fire safety.
Read moreNon-fungible tokens (NFTs): are they a way for celebrities to 'reclaim' their image? And what happens to the IP?
Non fungible tokens, unique blockchain-backed certificates of authentication, can monetise digital assets, or in some instances help to 'reclaim' one's image – but it's not one NFT- fits-all for IP rights.
Read moreThe Week That Was – 6 August 2021
Pursuant to a building contract novated to Toppan, Simply was engaged to construct a care home and subsequently provided a collateral warranty in favour or the operator, Abbey. Defects were found at the care home and Abbey obtained an adjudicator's decision against Simply for damages for loss of trading profit.
Read moreArchitect receives 12 month suspension over "ugly duckling" home cinema design
Daniel Marcal, an internationally renowned and award winning architect, was retained by Phillip Freeborn, former head of operations at Barclays Capital and his wife Christina Goldie to design an "architectural jewel" of a home cinema, in their £7 million London home. However, as Mr Freeborn told the High Court in his claim against Mr Marcal, he ended up with a "wonky" "expensive white elephant", rather than the sleek modernist cube floating over his pool that he had wanted.
Read moreWhen will the court step in to correct a contractual mistake?
Only if contractual provisions are "nonsensical or absurd" will the Court intervene to correct mistaken drafting. The Court of Appeal recently considered this issue in the context of a dispute between a landlord and tenant in MonSolar IQ Ltd v Woden Park Ltd.(1)
Read moreRPC Bites 36 - HFSS restrictions delayed, Oatly faces 'greenwashing' claims and Heineken settles its dispute with the Mexican Tequila Regulatory Council
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!!
Read moreTax Bites - August 2021
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreA look at embedded insurance (a podcast with Robin Merttens)
Welcome to Insurance Covered. In this episode we are looking at embedded insurance. Our guest is Robin Merttens, Co-Founder and Partner at InsTech London, and we will be discussing a recent report published by InsTech London on embedded insurance and its current uses.
Read moreWalewski - Mixed partnership rules mean profit can be reallocated for whole period of account
Corporate member tax planning ineffective as profits allocated to partner in partnership for period during which it was a partner under mixed partnership rules.
Read moreFinancial CrimeCast: Robert Skillington-Smith
Welcome to Financial CrimeCast. In this series, the Centre for Legal Leadership, supported by RPC, talks to leaders in the field of financial crime, compliance and ethics. Guests discuss their career journey, what they have learnt along the way and the financial crime issues they see on the horizon.
Read moreCurrent developments/trends in shareholder/ D&O claims in Europe
Every country across the world is increasingly taking on more debt and this has only been intensified by the pandemic, resulting in an upsurge in claims. People and companies will seek to recover funds wherever they can.
Read moreSnapshots - Summer 2021
A roundup of key legal developments for the modern commercial lawyer.
Read moreUK government publishes draft Online Safety Bill
How could the Online Safety Bill (the Bill) affect online companies, in particular ‘big tech’?
Read more#ad your advertising posts on social media
How much more reminding do influencers, and the brands working with them, need to ensure that all social media posts which advertise products or services are tagged with #ad?!
Read moreSexualisation and objectification in advertising
Where does the ASA draw the line between “sexy” advertising and sexual objectification?
Read moreAdvertising cryptocurrencies – staying on the right side of the regulatory line
What are the key issues to be alive to when advertising cryptocurrencies and NFTs?
Read moreOfcom consults on advertising on video-sharing platforms
What measures are likely to be put in place on the advertising of video-sharing platforms (VSPs), like YouTube and TikTok?
Read moreASA research into racial and ethnic stereotyping in ads
To what extent do racial and ethnic stereotypes, when featured in ads, contribute to real world harms and how might this type of stereotyping be regulated in the future?
Read moreHow not to run an influencer prize promotion
If you’re an influencer with a substantial following, and you plan on running a free prize draw, how careful do you need to be in selecting the winner from the (likely) huge number of responses?
Read moreUK gains adequacy for EU-UK data transfers, despite opposition from LIBE Committee
What were the grounds of objection by the EU’s Civil Liberties, Justice and Home Affairs Committee (the LIBE Committee) to the EU’s decision to grant the UK adequacy for EU-UK data transfers?
Read moreData Sharing Code of Practice goes before UK Parliament
What does the Data Sharing Code of Practice (the Code) mean for companies that deal with personal data?
Read moreICO fines American Express for blurring service emails with marketing emails
What is the difference between service emails and marketing emails, and what happens if you get it wrong?
Read moreEU Commission publishes final versions of its new Standard Contractual Clauses
What is the impact of the new Standard Contractual Clauses (SCCs) on companies and data transfers?
Read moreEuropean Parliament asks European Commission for guidance post-Schrems II
Where next for Schrems II?
Read moreFirst-tier Tribunal grants Ticketmaster stay of its appeal on an ICO fine pending a parallel group action
Can an appeal of an ICO fine be stayed pending the resolution of concurrent group action proceedings in the High Court?
Read moreStatutory holidays in Hong Kong to increase to 17 days
All Hong Kong employees, under the Employment Ordinance, are entitled to 12 days of statutory holidays. Some are granted all 17 days of general holidays (which consist of all statutory holidays plus five days) by agreement, but most blue-collars are only given 12.
Read moreLockdown, tax residency and the law of unintended consequences
In the latest episode of Taxing Matters, Nikita Cooper, a partner at Price Bailey discusses the effect COVID lockdowns have had on tax residency – and what the unintended consequences could be for you, your business and your employees.
Read moreEuropean Commission proposes new rules on AI
How will future EU regulations affect the development of artificial intelligence (AI)?
Read moreEuropean Commission looks to strengthen the Code of Practice on Disinformation
What steps are being taken to strengthen the EU Code of Practice on Disinformation (the Code)?
Read moreUK Law Commission launches call for evidence on digital and crypto assets
How ready is English law to accommodate emerging technologies, in particular digital assets?
Read moreFacebook combats fake reviews following CMA pressure
What does the CMA’s prompting of Facebook to take action over fake reviews signal to the online marketplace in terms of potential future action in this area?
Read moreCourt of Appeal holds that notice of tax covenant claim is valid, despite lack of detail
Dodika Ltd and others v United Luck Group Holdings Ltd [2021] EWCA Civ 638
Read moreCourts reluctant to interpret standard entire agreement clauses to exclude misrepresentation claims
MDW Holdings Ltd v Norvill & Ors [2021] EWHC 1135 (Ch)
Read moreHigh Court denies applicability of an exclusion clause due to convoluted terms and conditions
Green v Petfre (Gibraltar) Ltd (t/a Betfred) [2021] EWHC 842 (QB)
Read moreTerms implied into a break right limited the capability to exercise the right
Wigan Borough Council v Scullindale Global Ltd and others [2021] EWHC 779 (Ch)
Read moreHigh Court determines that an “unusual” and “exorbitant” exclusion clause in standard terms and conditions fails the UCTA reasonableness test
Phoenix Interior Design Ltd v Henley Homes Plc & Anor [2021] EWHC 1573 (QB)
Read moreCMA to publish “greenwashing” guidance in Autumn 2021
What measures will regulators introduce to prevent businesses from misleading consumers about their products’ “green” credentials?
Read moreCMA targets anti-virus software companies on subscription auto-renewals
What consumer rights concerns have the Competition and Markets Authority’s (CMA) recent enforcement actions raised, especially with regards to automatic subscription renewals?
Read moreCMA continues consultation on potential harms caused by algorithms
What competition and consumer harms are the Competition and Markets Authority’s (CMA) finding in the operation of algorithms, and how is it seeking to address these?
Read moreStandard exclusion clauses and liability caps interpreted without presumption even for fundamental or deliberate breach
Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC)
Read moreTackling the issue of “doxxing” in Hong Kong
What legislative changes are being considered in Hong Kong to address the rise in doxxing cases and the resulting harm caused to the affected data subjects?
Read moreSingapore High Court denies first-ever private action brought under the PDPA
What is the definition of “loss or damage”, a threshold requirement which data subjects need to satisfy to pursue a right of private action under the Personal Data Protection Act 2021 (the PDPA)? Specifically, will emotional distress and/or loss of control over personal data suffered by data subjects fall within the definition of “loss or damage”?
Read moreThe Week That Was - 30 July 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreSports Ticker (29 July 2021) - Premier League v Man City, Rugby League World Cup and F1 TikTok content - a speed-read of key commercial updates from the sports world
Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.
Read moreCorporate Tax Update - July 2021
Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team. This month’s update reports on some of the key developments from May and June 2021. Included in this update are news of the historic G7 agreement as to plans for global tax reform, summaries of two cases on the required formalities for bringing contractual claims for breach of warranty and pursuant to a tax covenant, and news of another win for HMRC in an ‘IR35’ case. As ever we hope you, your family and friends are all staying safe and are enjoying the summer.
Read moreThe current state of service
Civil war, competing Governments and a dangerous environment. None of these factors ultimately swayed the UK Supreme Court on 25 June, which held that an English court cannot simply dispense with service of the claim form in proceedings against a State, however difficult service may seem.
Read moreV@ update - July 2021
Welcome to the July 2021 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.
Read moreSolicitors' Undertakings: will the lacuna in the law undermine the smooth and efficient transaction of legal business
Solicitors undertakings are a vital tool in legal practice to ensure the smooth running of litigation and transactional matters.
Read moreAvonside Roofing – Tax Tribunal sets aside Schedule 36 information notice
In Avonside Roofing Ltd v HMRC [2021] UKFTT 158 (TC), the First-tier Tribunal (FTT) set aside an information notice issued under paragraph 1, Schedule 36, Finance Act 2008 (the Notice), on the basis that the information and documents requested by HMRC were not reasonably required for the purpose of checking the recipient's tax position.
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