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FCA to allow FOS and FSCS claims over P2P advice
Consumers who receive advice on peer-to-peer lending should have recourse to FOS and the FSCS, the FCA confirmed this week.
Read moreLitigation to drive profit
Geraldine Elliott – Head of Commercial Litigation – considers how GCs can use litigation to turn the in-house legal team into a profit centre rather than a cost centre.
Read more"Innovative and sustainable" – Rio Ferdinand launches new redevelopment and regeneration model
Former England football captain and Manchester Utd Defender Rio Ferdinand presented his new charity, The Legacy Foundation, to delegates at MIPIM last week.
Read moreCofA injuncts revelation of celebrity's extramarital threesome
The Court of Appeal has granted a privacy injunction (its first since 2011) to prevent the Sun on Sunday revealing details of a well-known entertainer’s extramarital threesome (PJS v News Group Newspapers Ltd [2016] EWCA Civ 100).
Read moreHigh Court holds tortious claim unsustainable in respect of interest rate hedging product redress scheme
In the recent case of CGL Group Ltd v (1) Royal Bank of Scotland plc (2) National Westminster Bank plc, the High Court was satisfied that a bank did not owe its customer a tortious duty of care in operating a redress scheme for alleged mis-selling of interest rate hedging products (IRHPs).
Read moreCourt of Appeal confirms that HMRC must comply with rules and directions issued by the tax tribunals
The following is based on an article first published in Tax Journal on 8 March 2016.
Read moreAccountants’ update
Welcome to RPC’s 2016 accountants’ bulletin. The aim of the bulletin is to review a number of key developments from 2015, and to give an insight on some of the current “hot topics” in this area.
Read moreThe Recast Brussels Regulation – considering exclusions
The High Court has recently considered jurisdictional issues relating to a claim concerning the claimants' entitlement to certain shares held by the deceased businessman, Sami Shamoon.
Read moreSupreme Court sends Trunki packing for good
In the latest instalment of the ongoing saga involving the Trunki case, the Supreme Court has unanimously dismissed the appeal filed by Magmatic.
Read moreGlobal Real Estate Transactions to Hit $1tn by 2020
According to a new report released on 15 March by JLL, the global ageing population will drive real estate transaction volumes over $1tn (£704bn) globally by 2020, up from $700bn (£484bn) in 2015.
Read moreIt can still be too late – Denton re-visited
The Court of Appeal in British Gas Trading Ltd v Oak Cash & Carry Ltd [2016] EWCA Civ 153 has reminded all solicitors that Court Orders are there to be complied with, and dire consequences can still follow if they are breached, despite the more generous guidance given in Denton v TH White Ltd [2014] EWCA Civ 906.
Read moreInsurance Block Exemption: does EC report signal beginning of the end?
With just over a year to go before the current Insurance Block Exemption is due to expire (its expiry date is 31 March 2017), the European Commission has just published its Report on the Block Exemption's application.
Read moreBanker bashing: the end of an era?
Ever since George Osborne's Mansion House speech in June 2015, commentators have been queuing up to argue that "banker bashing" is coming to an end.
Read morePirates and popcorn: rise of site-blocking injunctions in EU
Whilst obtaining blocking injunctions against internet service providers (ISPs) have become an established practice in the UK, particularly within the film and music industry, the position is less clear cut elsewhere in the EU.
Read moreThe UK housing crisis: a problem for businesses?
The UK is in the midst of a housing crisis. But should businesses care? And what, if anything, can they do about it?
Read moreHigh court grants summary judgment against HMRC in FII Group Litigation claims
In the recent case of Evonik Degussa UK Holdings Ltd & Ors v Revenue And Customs [2016] EWHC 86 (Ch), the High Court granted a number of claimants summary judgment in relation to part of their claims in the Franked Investment Income Group Litigation (FII Group Litigation).
Read moreBrokers' block notification guidance provided by the Court
The Court has provided guidance on making block notifications to PI insurers, in a key area relating to broker's professional liability exposure.
Read moreAgreement to submit to a foreign jurisdiction: Can it be implied or inferred?
In Vizcaya Partners Ltd v Picard and another, the Privy Council recently held that an agreement to submit to the jurisdiction of a foreign court can arise through an implied term but there must be actual agreement (or consent).
Read moreMind the gap: FAMR report is light on de-regulation
Following its launch in August 2015, the Financial Advice Market Review (FAMR) has this morning published its final report.
Read moreMultiple adjudications - how many adjudicators?
Obtain consent or use different adjudicators
Read moreBlock Notifications and Robo-advice
The recent case of Ocean Finance & Mortgages Ltd v Oval Insurance Broking Ltd provides useful guidance on the often contentious issue of making block notifications to PI insurers.
Read moreUT confirms interim permission lapses on FCA decision to refuse authorisation
Firms still waiting for their regulatory approval of a full consumer credit licence should not be particularly surprised at the recent decision of the Upper Tribunal:
Read moreTax treatment of insurance SPVs – a cure for all ILS?
On 1 March 2016 the UK government published a consultation document on a new regulatory, corporate and tax framework for insurance linked securities (ILS) business.
Read moreTribunal quashes HMRC's decision to require security from the taxpayer
In Half Penny Accountants Ltd v HMRC [2016] UKFTT 45 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal and quashed HMRC's decision to require security from the taxpayer.
Read moreGroup litigation in medical and life sciences
Dorothy Flower talks about the impact of the "nocebo" effect on group litigation in the UK.
Read moreChanges to data protection regulation – what could it mean for you?
The new General Data Protection Regulation fundamentally rewrites the way data processing happens across the EU. Hear more from Olly Bray.
Read moreSupreme Court hurts employers on vicarious liability
Cox v Ministry of Justice (2016) and AM Mohamud v WM Morrison Supermarkets plc (2016)
Read moreUrban Land Institute publishes Second Edition of acclaimed Build to Rent Guide
Last week the Urban Land Institute published a Second Edition of its acclaimed Build to Rent Guide - hailed by some in the market as a "Bible" for the PRS industry.
Read moreClarifying block notification feels ripples
Judgment in this case was handed down at the beginning of February 2016.
Read moreCMC fees: money for nothing?
Do regulated Claims Management Companies charge too much in fees for consumers making financial services claims? The Ministry of Justice wants your views.
Read moreThe Insurance Act – what are the five biggest changes to the current law?
James Wickes – a partner in our Insurance Group – tells us why it's very much in vogue to be an insurance lawyer these days.
Read moreHealth and safety law update
HSE to prosecute Merlin Attractions Operation Ltd over Alton Towers “Smiler” incident
Read moreFCA may not be value for money, says NAO
The National Audit Office has reported its findings on the roles and effectiveness of the FCA, FOS and the FSCS in the management of mis-selling cases.
Read moreTime lost may never be found again
The decision in Medhi Khosravi v British American Tobacco plc [2016] EWHC 123 (QB) provides a useful reminder that it can be a risky strategy to seek extensions of time for service of a claim which has already been issued. Such extensions should not be granted lightly, and might be set aside at a later date.
Read moreDiscovery Assessments and the 'hypothetical officer'
The following is taken from an article originally published in Tax Journal on 26 February 2016.
Read moreComic Enterprises feel gleeful after CofA upholds trade mark infringement
This recent hearing is the latest instalment in the "Glee" trade mark dispute between Comic Enterprises and Twentieth Century Fox.
Read moreDown in Flame(s)
What is the value of money? In a recent Commercial Court decision, it was held that the right to redirect the payment of money (or to give it away) is as valuable as the right to have the money paid into one's own bank account.
Read moreA liability perspective: what would Brexit mean for financial advisers?
You cannot pick up a paper or check the news without seeing some reference to Brexit and the case for either staying in or leaving the Euro zone.
Read moreHMRC escapes strike out notwithstanding its unreasonable behaviour in failing to comply with directions issued by the Tribunal
In the recent case of PGPH Limited v HMRC [2016] UKFTT 46 (TC), the First-tier Tribunal (FTT) declined to exercise its powers under Rule 8 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (the Rules), to strike out HMRC's case following HMRC's failure properly to comply with a direction issued by the FTT.
Read moreA (bright) green light for predictive coding in English litigation
A recent interlocutory judgment in Pyrrho Investments Limited & Anr -v- MWB Property Limited & Ors [2016] EWHC 256 (Ch) endorses, for the first time, the use of predictive coding when conducting disclosure in English civil proceedings.
Read moreCourt of Appeal considers "agreements to agree"
The Court of Appeal has addressed a number of issues typically encountered in disputes relating to the sale of goods in Hughes v Pendragon.
Read moreUnder-settlements – what factors does the Court take into account
In Dunhill v W Brook and Co and Crossley a damages claim was brought against solicitors and counsel for under-settling a personal injury claim.
Read moreAdviser due diligence thematic review report short and not to the point
There's an irony in a report on due diligence being, in effect, just 2 pages long. The FCA's thematic review report today tells us more by what it doesn't say. What might DD stand for?
Read moreOne man's loss is another man's gain: choice of law rules for unjust enrichment claims
In a recent case,[1] the English Commercial Court has determined that a claim in restitution based on unjust enrichment was governed by English law pursuant to EU Regulation 864/2007 (Rome II) and not the law of Geneva.
Read moreTerraLex Cross-Border Copyright Guide 2016
We are delighted to present our Cross-Border Copyright Guide 2016.
Read moreHigh Court dismisses judicial review challenge to HMRC's decision to restrict the availability of the Liechtenstein disclosure facility
In R (on the application of City Shoes Wholesale Ltd) v Revenue & Customs Commissioners [2016] EWHC 107 (Admin), the High Court rejected an application for judicial review of HMRC's refusal to grant the nine claimants, all of whom had operated employee benefit trusts (EBTs), the full benefits of the Liechtenstein disclosure facility (LDF).
Read moreTake priority but be reasonable
On 20 January 2016, Mr Justice Edwards-Stuart handed down his judgment on preliminary issues in Commercial Management (Investments) Limited v (1) Mitchell Design and Construct Limited, and (2) Regorco Limited1
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