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Costs warning: unreasonable incurred costs could reduce overall budget
The recent Judgment of Steven Redfern v Corby Borough Council [2014] EWHC 4526 (QB) is one of the first reported appeals against a decision by a Master in relation to a Costs Management Order.
Read moreIs that your final answer? – FCA introduces "second line of defence" ahead of pension freedoms
In a 'Dear CEO' letter to pension providers published on Monday the FCA set out new protections that will constitute a "second line of defence" for customers seeking to access their pensions.
Read moreBrrr! Office chills getting you down? Why office temperature is a burning issue for business
Winter has settled in across the country and found its way into our workplace. Colourful sweaters, scarves and gloves adorn the office floor.
Read moreInjunctions: Hearsay evidence and dissipation risk considered
The case of JSC Bank & anor v Sergei Pugachev[1] serves as a useful reminder of the need to take care with the use of hearsay evidence and the standard and evidence required of the dissipation of assets.
Read moreLEO's future to include Third Party complaints
The Office for Legal Complaints board meeting before Christmas revealed that there is potential for redress for third parties as long as complaints could be 'clearly and tightly defined'. Currently, the Legal Ombudsman will only consider complaints made by a firm's direct client.
Read moreCompareasolicitor.com: Simples?
The SRA has announced that soon law firms may be featuring on comparison websites. The SRA is currently collating information about law firms for use on such websites.
Read moreSimplified, retrospective and still inconsistent
Despite laudable aims, yesterday's FCA guidance on what constitutes regulated advice was published alongside a report on the (perceived) retrospective application of rules ...
Read morePortfolio Transfers in 2015 - PRA Update
On Wednesday, the PRA set out its approach to Part VII transfers for insurance business for the rest of 2015.
Read moreCJEU confirms UK failed to comply with EU law by retroactively curtailing rights of taxpayers to recover tax unlawfully paid
The European Commission has succeeded in obtaining a declaration from the CJEU that the UK Government failed to comply with its obligations, under Article 4(3) of the TEU, by retroactively curtailing the right of taxpayers to recover tax levied contrary to European law.
Read moreIP Alert: Court of Appeal confirms Rihanna's image protected under the 'umbrella' of passing off
The Court of Appeal has today dismissed fashion retailer Topshop's appeal[1], confirming that Topshop's unauthorised use of an image of the famous pop star, Rihanna, amounted to passing off.
Read moreModified Universalism – Privy to Singular Clarification
While most jurisdictions provide liquidators with wide investigative powers to locate and realise assets locally, the exercise of such powers becomes more complicated when the assets are situated overseas.
Read moreAnnual Insurance Review 2015
Landmark insurance law reform and dealing with economic recovery which remains gradual
Read moreAnnual insurance review
I am happy to inaugurate the Corporate Insurance Hub for 2015 with RPC's annual round-up of the key legal developments in 2014. I trust you find this useful, and we look forward to keeping you informed throughout the year.
Read moreIt's just not plane sailing
"The world inhabited by airlines is a glamorous one and starting your own airline has never been easier".
Read moreHMRC Dishonesty Allegation "seriously flawed"
The First-tier Tribunal (Tax Chamber) ("FTT") has ruled, in Citibank NA v Revenue and Customs Commissioners[1], that HMRC's pleadings were "seriously flawed".
Read moreFCA takes a long hard look at how insurance brokers manage the risks of bribery and corruption…
Could do better, reports the Financial Crime team of the FCA on the cohort of commercial brokers who were subject to the recent thematic review on managing bribery and corruption risks (TR14/17).
Read more'Many eyes' approach to sanctions compliance
The many eyes approach to sanctions compliance in the Lloyd's market is not just for managing agents but useful guidance for all.
Read moreMareva Injunctions – Substance and Form
Recent cases in Hong Kong highlight a need to exercise care when applying for a mareva (freezing assets) injunction before trial.
Read moreTribunal sets aside witness summonses due to misrepresentation and failure in duty to make full and frank disclosure to the Tribunal
An interesting decision has recently been issued by the First-tier Tribunal (Tax Chamber) ('FTT') in connection with an application to set aside the issue of witness summonses which had been issued to two individuals who were resident in Jersey[1].
Read moreA landmark decision for brand owners: Court rules ISP blocking orders extend to trade mark rights
The High Court [1] has recently granted Richemont a blocking order requiring the five largest ISPs in the UK to prevent access to various third party websites from advertising and selling goods which infringe Richemont's trade mark rights.
Read moreChickens coming home to roost: SFO's first conviction of a company for bribery after contested trial
Hot on the heels of the SFO's first conviction under the Bribery Act 2010, discussed in George's post, and just as some of us were disappearing for a Christmas break...
Read moreComplaint trends for 2015
The FOS yesterday published its 2015/16 budget consultation. In short, we can expect more of the same.
Read moreThe claimants that knew too much: High Court rules on applicability of concealment provisions in Limitation Act 1980 in competition damages claim
The Arcadia Group[1] case arose in the context of ongoing damages claims brought by a number of retailers and other merchants against both Visa and MasterCard for breaches of competition law in relation to the charging of interchange fees in the Visa and MasterCard payment systems.
Read moreCocaine Haul Leads to Limitations on War Risk Exclusion
It is a sad fact that drug traffickers like to use ocean-going vessels to help them move their product.
Read moreMerry Christmas from the FOS
With the festive season upon us, the FOS has taken the opportunity to spread some Christmas cheer by reminding everyone of the possible problems that can arise at this time of year, including "faulty presents, storm damage, broken boilers and even a spoilt surprise."
Read moreThe beginning of the end to mis-selling claims?
Mis-selling of interest rate products to unsophisticated customers has been the subject of intense regulatory scrutiny, with the banks paying out over £1.5bn to around 10,000 customers in the course of the Financial Conduct Authority's Interest Rate Hedging Product Review which began in May 2013.
Read moreFinancial Reporting has received its fair share of column inches in recent weeks
Headlines have, for obvious reasons, been grabbed by issues with Tesco's financial reporting. Indeed, the fallout from the scandal is still being felt -
Read moreDefend and submit: Challenging the jurisdiction of the Court
A defendant who wishes to challenge the civil jurisdiction of a Hong Kong court should not file and serve a defence pending the outcome of the challenge.
Read moreOut of the frying pan, back to a FIRE economy…
We have just come through the 'Great Recession' where between 7 – 8% of our national GDP was wiped out and we witnessed the first true existential crisis of our current capitalist system.
Read more2014 – The year that was
Seasonal greetings to all of our readers! 2014 has been another busy year for the RPC Tax Take team.
Read moreHow far will the FCA stretch FIT?
Yesterday's Burrows final notice is a further sign that the FCA will look at the personal conduct of Approved Persons outside of their roles in financial services in order to assess their fitness and propriety.
Read moreOccupy Central: Civil disobedience and civil remedies
The "Occupy Central" movement in Hong Kong has involved large numbers of protesters occupying major roads in Hong Kong, particularly in the areas of Admiralty (on Hong Kong Island) and Mong Kok (on the Kowloon Peninsula).
Read moreSenior insurer managers – all change!
The Prudential Regulation Authority (PRA) has recently announced proposals for a new regime for "senior insurance managers", designed to reflect Solvency II governance requirements.
Read moreDiva's trade mark fever – Rihanna bolsters brand with new applications
Having already succeeded in protecting the use of her image in the English High Court Rihanna has now taken steps to broaden the protection of her brand with the filing of 12 separate trade mark applications at USPTO for the word FENTY in conjunction with other words including apparel, beauty, clothing and lingerie.
Read moreWould you like fries with your happy deal? – Moschino and McDonalds unveil unlikely licensing deal
When Italian fashion house Moschino unveiled their A/W 14 Collection it turned heads in an unlikely sector… the legal sector.
Read moreSingapore High Court allows extension of time in collision case despite multiple opportunities to arrest.
Following a collision between ORINOCO STAR and MELODY in Nigerian waters on 20 June 2011 and subsequent unsuccessful settlement negotiations between the parties, owners of the vessel MELODY issued a writ and proceeded to arrest ORINOCO STAR on 6 December 2013.
Read moreA blue print for brand protection – CJEU approves Apple's trade mark for store layout
The Court of Justice of the European Union (CJEU) has recently held in Apple Inc v. Deutsche Patent-und Markenamt that the representation of a layout of a retail store may be registrable as a trade mark under Articles 2 and 3 of the Trade Marks Directive (Directive 2008/95/EC).
Read moreTribunal adopts a literal interpretation of the provisions in allowing the taxpayer's appeal
In Philip Shirley v HMRC, [1] the First-tier Tribunal (Tax Chamber) (FTT) concluded that a provision in a statute rewritten as part of the Tax Law Rewrite Project should be literally interpreted as the wording in question was clear and unambiguous.
Read moreSFO makes first use of Bribery Act in prosecution for fraudulent UCIS
The SFO's recent prosecution in relation to a fraudulent UCIS ...
Read moreSFO makes first use of Bribery Act in prosecution for fraudulent UCIS
Earlier this week three individuals were sentenced at Southwark Crown Court following the first prosecution by the SFO under the Bribery Act 2010.
Read moreThe Commercial Court assesses the power and limitations of "Chabra" jurisdiction
The Commercial Court has recently considered[1] that it did not have jurisdiction to grant a freezing order to assist in the enforcement of an arbitration award against subsidiaries of the first defendant, which were incorporated outside the jurisdiction and had no assets or other presence in England.
Read moreHMRC's information notice was too vague
This case saw the First-tier Tribunal (Tax Chamber) (FTT) uphold the appeal of the taxpayer against penalties imposed by HMRC for non-compliance with an information notice issued by HMRC pursuant to paragraph 1, Schedule 36, Finance Act 2008 (the Information Notice).
Read moreVestergaard – creating another buzz
This long-running case [1] has now reached a finale – a High Court decision on the assessment of damages, handed down in October 2014.
Read moreSaved by the Cap: Third Party Costs Order
On 30 June 2014 judgment was handed down by Mrs Justice Rose in Swynson Limited v Lowick Rose LLP (in liquidation)[2014] EWHC 2085 (Ch).
Read moreEnsuring the end of terror?
Last week, the Counter-Terrorism and Security Bill was published, so providing the detail behind Theresa May's bid to outlaw insurers from indemnifying ransom payments to terrorists.
Read moreAn uneasy contrast for the FCA – balancing commercial drive with cultural reform
Yesterday's speech delivered by Martin Wheatley has reinforced the FCA's increasingly more collaborative approach to its engagement with financial services firms.
Read moreEntitlement to inheritance claim not within the "wills and succession" exclusion under Article 1(2) of the "Brussels I" Regulation on jurisdiction and enforcement
The High Court has recently dismissed a tortious claim[1] for conspiracy to deprive the claimant of inheriting her late father's shares on the basis that it had no real prospect of success.
Read morePutting all your eggs in one frozen basket
Doggy day-care, unlimited holidays, and personal trainers – some companies offer their lucky employees perks which see the rest of us stare into our pre-eight-thirty porridge in a jealous rage.
Read moreConduct Risk Briefing offers wealth managers insights into regulator's thinking
'Source of wealth' is key.
Read moreHMRC mislead appellants into believing they have a remedy in the Tribunal in contractual settlement dispute
In Morris and another v HMRC,[1] the First-tier Tribunal (“the FTT”) has confirmed that it does not have jurisdiction to determine a dispute relating to the correct valuation of assets which were the subject of a contractual settlement with HMRC.
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