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Product Law bulletin – August 2020
Welcome to the latest edition of our product law update, this month we focus on how COVID-19 is impacting product liability regulation.
Read moreRPC Sports Ticker (27 August 2020) - Coutinho's contract, F1's revenue deal, and VR in the NBA
Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.
Read morePrivy Council gives a lesson on the remoteness of damage in contract law within a judgment on damages for breach of separate but related contracts
Where parties have entered into separate but related contracts, breach of one contract does not necessarily preclude the recovery of damages under another.
Read moreThe clock is ticking very loudly
Brexit may have taken a backseat over the last few months whilst governments and businesses have responded to the impact of Covid-19, but as the final deadline to request an extension to the transition deadline has now passed, Brexit is back fighting for top spot on the agenda. We get an insight from the British Retail Consortium (BRC) on key issues for the retail sector.
Read moreV@ update - August 2020
Welcome to the August 2020 edition of RPC's V@, an update on developments in the VAT world that may impact your business.
Read moreRPC Bites #15
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.
Read moreInvest in due diligence for dubious schemes
The SRA provides updated guidance for firms to avoid becoming involved in dubious investment schemes.
Read moreHackett – Tribunal considers whether HMRC's decision to proceed by way of civil penalty rather than criminal prosecution was an abuse of process
In Lindsay Hackett v HMRC [2020] UKUT 212 (TCC), the Upper Tribunal (UT) has confirmed that the decision whether to bring civil or criminal proceedings is a matter for HMRC to decide with any such decision being amenable to challenge by way of judicial review.
Read moreThe future of insurance
Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests.
Read moreCustoms and excise quarterly update - August 2020
In this update we report on (1) the government's guidance concerning border planning for the end of the transition period; (2) the government's plans to support customs intermediaries; and (3) the government's recently published policy papers on moving goods under the Northern Ireland Protocol, following the transition period. We also comment on three cases relating to (1) whether UK acquisition VAT can apply when a bonded warehouse is not located in the UK; (2) the clarification of factors HMRC can use to determine whether a person is 'fit and proper' to carry out a controlled activity; and (3) whether an acquittal of a criminal charge can preclude HMRC from issuing an excise duty assessment.
Read moreRegulatory update - August 2020
Welcome to the August edition of the Regulatory update, which pulls together recent developments from across the UK’s regulators – to help you navigate the regulatory maze.
Read moreDisputes, disputed: The court’s approach to competing dispute resolution clauses in successive agreements
How are contradictory dispute resolution clauses resolved, where the agreements are entered into at different times? Intention and purpose is key, as set out in the test in BNP Paribas v Trattamento, where parties intended two agreements to perform separate roles as part of one transaction (even though the second is not contemplated at the time of the first).
Read moreArcher: No reasonable excuse
In William Archer v HMRC [2020] UKFTT 0288 (TC), the First-tier Tribunal (FTT) confirmed that surcharge notices had been validly issued and that the taxpayer did not have a 'reasonable excuse' for non-payment as a result of his related judicial review claim.
Read moreTaxing matters: Schedule 36 Information Notices - all squared away
Welcome to the third episode of our Taxing Matters podcast. In this series we review land-mark cases and key tax developments and discuss the commercial impact they could have on your business.
Read moreInsuring the sharing economy with Chris Moore
Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests.
Read moreRPC Sports Ticker (13 August 2020) – Salary caps, NBA return and esports
Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.
Read moreReflective loss in claims against solicitors and accountants after Marex
The so called "rule against reflective loss" has been clarified in an important decision handed down by the Supreme Court in Marex Financial Ltd v Sevilleja [2020] UKSC 31.
Read moreMichael Vaughan - High Court declines to rectify contract to prevent tax charge
In (1) MV Promotions Ltd (2) Michael Vaughan v (1) Telegraph Media Group Ltd (2) HMRC [2020] EWHC 1357 (Ch), the High Court elected not to exercise its discretion to rectify a provision in a contract for services, despite a mutual mistake rendering one party liable for additional tax.
Read moreToo many cooks… 'Fit Kitchen' trade mark infringed
On 29 July, Fit Kitchen Limited (FKL) won its case for trade mark infringement and passing off against Scratch Meals Limited (SML). Both FKL and SML provide healthy pre-prepared meals: FKL via an online subscription site, which allows users to customise meal choices, based on their individual macros and dietary preferences and SML, through the manufacture and sale of products to supermarkets.
Read moreLIBOR claim by US agency will continue in London
A decision in the London High Court has demonstrated that the fallout from the long-running LIBOR fixing scandal is far from over.
Read moreGeneral Liability newsletter – July 2020
Welcome to the latest edition of our general liability newsletter, rounding up some the key cases from the last few months. This month we look at recent cases and government updates regarding: Ogden tables, fraudulent or exaggerated claims, consent orders, pre action disclosure applications and the vital importance of causation as an ingredient of negligence in addition to breach of duty.
Read moreLessons from Lockdown - Company Record Keeping
Hong Kong law requires companies to keep copies of certain documentation and sufficient records of all business transactions. Documents must also be made available for inspection, including to shareholders and auditors.
Read moreTales from COVID: Insurance in the time of coronavirus – Cyber
In conjunction with our US alliance partners, Hinshaw and Culbertson LLP, we have produced a series of 'informal chats' with the title 'Tales from Covid: Insurance in the Time of Coronavirus'.
Read moreHong Kong – Refusal to regrant injunction that lapsed during general adjournment successfully appealed
In a previous update dated 29 April 2020, we noted that a first instance court held that the general adjourned period (GAP), during which the Hong Kong courts were closed save for urgent and essential court business, did not generally extend the duration of an injunction which was granted on an urgent basis before the GAP commenced and listed for a "return date" during the GAP (for further details, see "General adjournment in Hong Kong does not extend duration of ex parte injunction", dated 29 April 2020).
Read moreHong Kong Courts – COVID-19 Update
The general adjourned period (GAP), during which the courts were closed save for urgent and essential business, ended on 3 May 2020, enabling the courts to resume normal business in Hong Kong. Since then, the number of reported cases of COVID-19 in Hong Kong has approximately tripled following a third wave of infections.
Read moreSnapshots Summer 2020
A roundup of key legal developments for the modern commercial lawyer.
Read moreFake reviews probed by CMA
What is the CMA’s investigation into misleading online reviews all about and what are websites doing to combat fake reviews?
Read moreData regulation and oral communications
David Scott v LGBT Foundation Ltd [2020] EWHC 483 (QB) (3 March 2020)
Read moreEuropean Commission and EDPB lay out framework for privacy compliant contact tracing apps
How do we balance the need for contact tracing with data protection regulation?
Read moreCOVID-19 testing and monitoring in the workplace
Can employers test and monitor employees during the COVID-19 pandemic?
Read moreCAP warns against promotion of “bad betting behaviours”
What has CAP identified as promoting “bad betting behaviours”?
Read moreICO outlines priorities and regulatory approach during the coronavirus public health emergency
How has the ICO reshaped its priorities for regulating UK data protection during COVID-19?
Read moreASA ruling on Missguided Ltd – the fine line between the mildly sexual and the objectification of women
Were poster ads released by clothing company Missguided on public transport overly sexualised, inappropriate or likely to cause serious offence?
Read moreICO issues guidance on artificial intelligence: explaining the “black box”
What steps do businesses need to take to comply with the ICO’s new guidance on artificial intelligence?
Read moreGovernment publishes approach to post-Brexit trade deal with the EU
What is the Government’s approach to a post-Brexit trade deal with the EU?
Read moreWM Morrison Supermarkets plc v Various Claimants – Supreme Court rules on vicarious liability for unlawful disclosure of personal data by rogue employee
Can an employer be held vicariously liable for the actions of a rogue employee leaking data?
Read moreAshley Judith Dawson-Damer v Taylor Wessing LLP – Court of Appeal rules on legal professional privilege and “relevant filing system” in subject access dispute
Do paper files constitute a “relevant filing system” for the purposes of subject access requests (SARs)? Can legal professional privilege (LPP) be used to block a SAR made by a data subject that is owed a duty of “joint privilege” along with the lawyer’s primary client?
Read moreGDPR Codes of Conduct and Certification schemes – the ICO is “open for business”
What is the ICO doing to make it easier for industry specific sectors to comply with GDPR? What is the benefit to businesses in adopting accredited codes of conduct?
Read moreASA ruling on ASOS – use of “affiliate” for a marketing communication
Is the use of “affiliate” sufficiently clear to identify an affiliate advertorial as a marketing communication?
Read moreContinuing the free flow of personal data between the EU and the UK post-Brexit: DCMS Explanatory Framework for adequacy discussions
How might the Explanatory Framework recently published by the Department for Digital, Culture, Media & Sport (DCMS) assist with enabling the continued free flow of data between the EU and the UK post-Brexit and how might the UK Government’s approach to the COVID-19 pandemic affect this?
Read moreASA ruling on Boohoo.com – “Up to x% off everything” and countdown clocks
Can retailers use time limited offers on their website (eg using countdown clocks), and claim they have a sale of “up to x% off everything?”. Does the line “applicable to selected lines only” work as a disclaimer if not “all” your products benefit from the discount?
Read moreCookie walls and scrolling – updated EDPB guidance
Are cookie walls permissible? Can scrolling through a website constitute “consent”?
Read moreASA ruling on ASTOK Ltd t/a TVBet – unsubstantiated superiority claims
Did TVBet release ads which were misleading and unverifiable by claiming that they were #1 and that they had the biggest sports jackpot?
Read moreForce majeure and circumstances beyond reasonable control
2 Entertain Video Ltd v Sony DADC Europe Ltd [2020] EWHC 972 (TCC)
Read moreASA ruling on EE – misleading and ambiguous mobile network claims
Can mobile network providers claim superiority for a service they provide on their network in their ads?
Read moreContractual discretion; implication of Braganza duty
UK Acorn Finance Ltd v Markel (UK) Ltd [2020] EWHC 922 (Comm)
Read moreContractual estoppel; contractual representations
Wallis Trading Inc v Air Tanzania Co Ltd [2020] EWHC 339 (Comm)
Read moreMake sure the price is right: using reference pricing in ads – Committee of Advertising Practice releases update on pricing practices
What are the key points to be considered when using reference pricing in your promotions?
Read moreContractual interpretation; limitation period for notifying claims
Towergate Financial (Group) Ltd & Ors v Hopkinson & Ors [2020] EWHC 984 (Comm)
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