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Publication

Subsidence recovery: the burden of proof - Maximising the prospects of recovery from the outset

Published on 17 August 2021. By Ally Yeandle, Associate

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Tree root induced subsidence is caused by extraction of moisture from subsoil by the roots of trees. The extraction of moisture causes the volume of the soil to shrink, undermining properties’ foundations and is by far the most common cause of subsidence damage to properties in the United Kingdom.

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Podcast

The complicated question of corporate criminal liability

17 August 2021

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Many commentators have questioned whether the law relating to corporate criminal liability is still fit for purpose or whether it is due a significant overhaul.

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Blog

The Building Safety Bill – a welcome change?

Published on 16 August 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

Following the Grenfell tragedy on 14 June 2017, the Government appointed Dame Judith Hackitt, former Chair of the HSE, to undertake an independent review of building safety in high-rise buildings. Dame Judith commented that the current system is "far too complex" and "lacks clarity as to who is responsible for what" with "inadequate oversight and enforcement". She wanted her recommendations to form the foundation of a clearer, simpler and more robust approach to the building and management of high-rise residential buildings. Her report was published in May 2018.

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Blog

RPC Insurtech in brief - August 2021

Published on 16 August 2021. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Lauren Murphy, Associate and Marsha Williamson, Senior Associate

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Welcome to the August edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.

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Blog

The Week That Was – 13 August 2021

Published on 13 August 2021. 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

British Gymnastics sticks landing on appeal, but wobbles on injunction

Published on 13 August 2021. By Jeremy Drew, Head of TMT and Ashleigh Fehrenbach , Senior Associate

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Last year, we reported that the Intellectual Property Enterprise Court (IPEC) had found in favour of national governing body (NGB) British Amateur Gymnastics Association (British Gymnastics), following its trade mark infringement and passing off claims against UK Gymnastics Ltd (UKG). You can read our detailed analysis of the case, which concerned use of word and device marks for 'UK GYMNASTICS', here.

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Blog

A meaty debate: traditional vs lab-grown alternatives

Published on 13 August 2021. By Ben Mark, Partner and Noonie Holmes, Trainee Solicitor

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The number of vegans and vegetarians in the UK has skyrocketed in recent years and there are an increasing number of 'flexitarians' aiming to reduce their meat intake for health and environmental reasons. Barclays predicts the meat-alternatives market could be worth £140bn by 2029, which is equivalent to 10% of the global meat industry. This market includes both plant-based foods and newer lab-grown meats.

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Publication

The Professional Negligence Law Review, Edition 4

Published on 13 August 2021. By Nick Bird, Partner

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This fourth edition of The Professional Negligence Law Review provides an indispensable overview of the law and practice of professional liability and regulation in 15 jurisdictions. The Professional Negligence Law Review contains information that is invaluable to the large number of firms, insurers, practitioners and other stakeholders who are concerned with the liability and regulatory issues of professionals across the globe. The variation in law and practice across the different jurisdictions is very noticeable and underlines the usefulness of a guide such as this.

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Blog

Aggregation under the solicitors' minimum terms: are primary layer insurers ready for potentially limitless liability?

Published on 13 August 2021. By Laura Stocks, Partner and George Barratt, Associate

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In Baines v Dixon Coles & Gill the Court of Appeal has substantially limited the extent to which claims against solicitors can aggregate.

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Blog

Forum conveniens – English High Court decides that parallel proceedings are not a "trump card" when determining jurisdiction

Published on 12 August 2021. By Alastair Hall, Associate and Dan Wyatt, Partner

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Hot on the heels of another recent decision on forum conveniens, PJSC National Bank Trust v Mints(1) (see our article on this decision), the English High Court has re-affirmed that the risk of irreconcilable decisions from parallel proceedings in other jurisdictions is not a "trump card" in determining the proper forum for a dispute.

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Publication

Sports Ticker (12 August 2021) - UEFA and PlayStation renewal, gaming industry change and Rugby League World Cup

Published on 12 August 2021. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, Associate and Jaleela Johnson, Associate and Joseph Akwaboa, Associate

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Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

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Blog

Kelly – Tax tribunal confirms re-discovery not permissible for the purposes of section 29 TMA

Published on 10 August 2021. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

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In Sean Kelly v HMRC [2021] UKFTT 162, the First-tier Tribunal (FTT) confirmed the principle that a discovery can only be made once and HMRC cannot raise a new discovery assessment under section 29,Taxes Management Act 1970 (TMA), in respect of the same discovery.

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Podcast

The Month That Was – July 2021 –An FCA update – the 2021/22 FCA business plan and a new consumer duty of care

10 August 2021

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Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.

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Blog

Case comment: striking out of privacy and confidence actions in the Dixons data breach case

Published on 10 August 2021. By Alex Vakil, Senior Associate and Ridvan Canbilen, Associate

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The number of claims issued in the High Court (Media and Communications List) with a data protection element continues to increase. The rise in claim numbers can be attributed to a number of factors including: (i) individuals becoming more aware of their rights under data protection legislation, (ii) uncertainty as to whether individuals may recover damages for a loss of control of their personal data without proving material damage or distress; (iii) the abundance of specialist law firms who are prepared to act for individuals on a "no-win-no-fee" basis and (iv) the availability of After the Event ("ATE") insurance to protect a would-be claimant against adverse costs orders.

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Blog

Sky Kick Back! High Court finding of bad faith overturned by Court of Appeal in long-running Sky v Skykick saga

Published on 09 August 2021. By Ben Mark, Partner and Sarah Mountain, Senior Associate

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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.

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Blog

Fire Safety Act 2021: Clarification for the Responsible Person

Published on 09 August 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

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.

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Blog

Non-fungible tokens (NFTs): are they a way for celebrities to 'reclaim' their image? And what happens to the IP?

Published on 06 August 2021. By Ciara Cullen, Partner and Alessandro Cerri, Senior Associate

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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.

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Blog

The Week That Was – 6 August 2021

Published on 06 August 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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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.

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Blog

Architect receives 12 month suspension over "ugly duckling" home cinema design

Published on 06 August 2021. By Emma Wherry, Senior Associate and Sarah O'Callaghan, Associate and Emrys Moore, Associate

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.

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Blog

When will the court step in to correct a contractual mistake?

Published on 05 August 2021. By Sean Cannon, Associate and Daniel Hemming, Partner

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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)

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Blog

RPC Bites 36 - HFSS restrictions delayed, Oatly faces 'greenwashing' claims and Heineken settles its dispute with the Mexican Tequila Regulatory Council

Published on 05 August 2021. By Ciara Cullen, Partner and Ben Mark, Partner

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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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Publication

Tax Bites - August 2021

Published on 05 August 2021. By Adam Craggs, Partner and Harry Smith, 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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Podcast

A look at embedded insurance (a podcast with Robin Merttens)

04 August 2021

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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.

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Blog

Walewski - Mixed partnership rules mean profit can be reallocated for whole period of account

Published on 04 August 2021. By Harry Smith, Senior Associate

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Corporate member tax planning ineffective as profits allocated to partner in partnership for period during which it was a partner under mixed partnership rules.

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Video

Financial CrimeCast: Robert Skillington-Smith

Published on 03 August 2021. By Sam Tate, Partner and Emily Pica, Associate (Australian Qualified)

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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.

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Publication

Current developments/trends in shareholder/ D&O claims in Europe

Published on 03 August 2021. By James Wickes, Partner

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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.

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Snapshot

UK government publishes draft Online Safety Bill

Published on 02 August 2021. By Oliver Bray, Senior Partner

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How could the Online Safety Bill (the Bill) affect online companies, in particular ‘big tech’?

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Snapshot

Sexualisation and objectification in advertising

02 August 2021

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Where does the ASA draw the line between “sexy” advertising and sexual objectification?

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Snapshot

Advertising cryptocurrencies – staying on the right side of the regulatory line

02 August 2021

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What are the key issues to be alive to when advertising cryptocurrencies and NFTs?

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Snapshot

Ofcom consults on advertising on video-sharing platforms

02 August 2021

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What measures are likely to be put in place on the advertising of video-sharing platforms (VSPs), like YouTube and TikTok?

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Snapshot

ASA research into racial and ethnic stereotyping in ads

02 August 2021

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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?

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Snapshot

How not to run an influencer prize promotion

02 August 2021

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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?

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Snapshot

#ad your advertising posts on social media

02 August 2021

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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?!

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Snapshot

UK gains adequacy for EU-UK data transfers, despite opposition from LIBE Committee

Published on 02 August 2021. By Oliver Bray, Senior Partner

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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?

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Snapshot

Data Sharing Code of Practice goes before UK Parliament

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What does the Data Sharing Code of Practice (the Code) mean for companies that deal with personal data?

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Snapshot

ICO fines American Express for blurring service emails with marketing emails

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What is the difference between service emails and marketing emails, and what happens if you get it wrong?

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Snapshot

EU Commission publishes final versions of its new Standard Contractual Clauses

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What is the impact of the new Standard Contractual Clauses (SCCs) on companies and data transfers?

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Snapshot

European Parliament asks European Commission for guidance post-Schrems II

Published on 02 August 2021. By Oliver Bray, Senior Partner

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Where next for Schrems II?

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Snapshot

First-tier Tribunal grants Ticketmaster stay of its appeal on an ICO fine pending a parallel group action

Published on 02 August 2021. By Oliver Bray, Senior Partner

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Can an appeal of an ICO fine be stayed pending the resolution of concurrent group action proceedings in the High Court?

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Publication

Statutory holidays in Hong Kong to increase to 17 days

Published on 02 August 2021. By Andrea Randall, Partner and Yuki Chiu, Associate

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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.

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Podcast

Lockdown, tax residency and the law of unintended consequences

02 August 2021

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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.

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Snapshot

European Commission proposes new rules on AI

Published on 02 August 2021. By Oliver Bray, Senior Partner

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How will future EU regulations affect the development of artificial intelligence (AI)?

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European Commission looks to strengthen the Code of Practice on Disinformation

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What steps are being taken to strengthen the EU Code of Practice on Disinformation (the Code)?

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Snapshot

UK Law Commission launches call for evidence on digital and crypto assets

Published on 02 August 2021. By Oliver Bray, Senior Partner

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How ready is English law to accommodate emerging technologies, in particular digital assets?

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Snapshot

Facebook combats fake reviews following CMA pressure

Published on 02 August 2021. By Oliver Bray, Senior Partner

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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?

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Snapshot

Court of Appeal holds that notice of tax covenant claim is valid, despite lack of detail

Published on 02 August 2021. By David Cran, Head of IP and Tech

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Dodika Ltd and others v United Luck Group Holdings Ltd [2021] EWCA Civ 638

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Snapshot

Courts reluctant to interpret standard entire agreement clauses to exclude misrepresentation claims

Published on 02 August 2021. By David Cran, Head of IP and Tech

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MDW Holdings Ltd v Norvill & Ors [2021] EWHC 1135 (Ch)

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Snapshot

High Court denies applicability of an exclusion clause due to convoluted terms and conditions

Published on 02 August 2021. By David Cran, Head of IP and Tech

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Green v Petfre (Gibraltar) Ltd (t/a Betfred) [2021] EWHC 842 (QB)

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Snapshot

Terms implied into a break right limited the capability to exercise the right

Published on 02 August 2021. By David Cran, Head of IP and Tech

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Wigan Borough Council v Scullindale Global Ltd and others [2021] EWHC 779 (Ch)

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Snapshot

High Court determines that an “unusual” and “exorbitant” exclusion clause in standard terms and conditions fails the UCTA reasonableness test

Published on 02 August 2021. By David Cran, Head of IP and Tech

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Phoenix Interior Design Ltd v Henley Homes Plc & Anor [2021] EWHC 1573 (QB)

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