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Taylor Wimpey – Upper Tribunal clarifies the application of the 'builder's block' scheme
In Taylor Wimpey Plc v HMRC [2018] UKUT 55, the Upper Tribunal (UT) has allowed in part the taxpayer's appeal in relation to its claim to recover input VAT incurred on the provision of certain white goods, kitchen appliances and carpets installed in newly built houses.
Read moreSFC requires ICO to be withdrawn from Hong Kong public
On 19 March 2018 the Securities and Futures Commission (SFC) announced that it had halted an initial coin offering (ICO) to the Hong Kong public by Black Cell Technology Limited (Black Cell).
Read moreEnhancing the cross-border distribution of collective investment funds
The European Commission has published a draft Regulation and Directive on the cross-border distribution of investment funds. The aim is to establish a genuine internal capital market by addressing fragmentation and removing regulatory barriers (namely Member States’ marketing requirements, regulatory fees and notification and administrative requirements), which can all prevent the cross-border distribution of investment funds in the European Union.
Read moreThe High Court confirms the availability of Bankers Trust orders to trustee Claimants seeking to recover misappropriated assets
The decision of the High Court in Miles Smith Broking Limited –v– Barclays Bank PLC has confirmed for the first time the availability of the commonly encountered Bankers Trust order to trustee Claimants of stolen/misappropriated property, highlighting the flexibility of the Court's equitable jurisdiction when presented with new situations. The decision also serves as a neat illustration of the Court's willingness to grant Norwich Pharmacal relief to facilitate the recovery of unlawfully dissipated assets and the types of complimentary interim remedies available to Claimants for that purpose.
Read moreLitigation privilege: whose privilege?
The claimants, companies in the corporate group of the mining company MMG, applied to inspect certain documents created in foreign proceedings over which the defendants, companies belonging to the mining company Glencore, asserted litigation privilege.
Read moreFrederick & Others v Positive Solutions Limited – a win for principals on vicarious liability
The Court of Appeal has reinforced the idea that liability will only attach to a principal in cases where a tort committed by an agent can be shown to have been completed as an integral part of the business activities of the principal. Furthermore, all elements composing the tort must take place within the course of the agency. The case thickens the lines defining what conduct of an agent could lead to recovery from the principal.
Read moreBawa-Garba case exposes shortcomings in management of medical errors
Urgent government review of medical malpractice underway following conviction of Dr Bawa-Garba and the management of medical mistakes.
Read moreFrederick & Others v Positive Solutions Limited – a win for principals on vicarious liability
The Court of Appeal has reinforced the idea that liability will only attach to a principal in cases where a tort committed by an agent can be shown to have been completed as an integral part of the business activities of the principal. Furthermore, all elements composing the tort must take place within the course of the agency. The case thickens the lines defining what conduct of an agent could lead to recovery from the principal.
Read moreTowers Watson – Tribunal confirms HMRC cannot raise new matters not covered in a closure notice
In Towers Watson Limited v HMRC [2017] TC06241, the First-tier Tribunal (FTT) has held that HMRC cannot raise new matters which were not covered in the closure notice which it had issued to the appellant company.
Read morePut your little stone in the great mosaic
IWD is a day designed to galvanize such desire for change into real, sustainable action by people, by business and by government. And on Thursday 8th March many of us will pause for thought. In our reflections, one question will come up time and time again: what can I actually do to improve gender equality?
Read moreCould Cannabis be the Cure?
With the upsetting case of Alfie Dingley dominating news headlines, the UK Government is being asked to reconsider its approach to medicinal cannabis. But what would this mean for manufacturers, healthcare professionals, and, most importantly, potential patients?
Read moreSharp v Blank and others [2017] EWHC 3390 (Ch)
The Court considered the Defendants' application for approval of their revised cost budget on the basis that there had been significant developments in the litigation.
Read moreThe perils of using disclosed documents for a collateral purpose
In Grosvenor Chemicals Ltd v UPL Europe Ltd disclosed documents were used by the UPL for a collateral purpose in breach of the Civil Procedure Rules.
Read moreGoldsmith - late filing penalties cancelled by the Tribunal
In David Goldsmith v HMRC [2018] UKFTT 0005 (TC), the First-tier Tribunal (FTT) has cancelled late filing penalties issued to the taxpayer as the statutory requirements in section 8(1), Taxes Management Act 1970 (TMA), had not been satisfied and HMRC did not have the power to require the taxpayer to deliver self-assessment returns.
Read moreOpen Banking: a slow revolution?
The European Commission's Revised Payment Services Directive (PSD2) was implemented on 13 January 2018, with little fanfare. However, the ideas that PSD2 seeks to promote look set to change the face of banking, both for service providers and for customers. Amongst other requirements, PSD2 obliges banks to allow authorised Account Information Service Providers (AISPs) and Payment Initiation Service Providers (PISPs) access to customer account data, where the customer has given both the bank and the AISP or PISP permission for them to do so.
Read moreRowe and Vital Nut – Court of Appeal delivers its judgments in APN judicial review challenge
In Rowe and Vital Nut, the Court of Appeal has dismissed the claimant taxpayers' appeals in judicial review proceedings challenging the legality of Accelerated Payment Notices (APNs) and Partner Payment Notices (PPNs).
Read moreAn aspirin a day…
Discusses research that suggests aspirin can reduce risk of colon cancer in patients with Lynch Syndrome
Read moreBank liable for breach of Quincecare duty
The Court of Appeal has upheld a decision that the appellant bank breached the Quincecare duty of care which it owed to its corporate customer by making payments without proper enquiry, in circumstances in which a reasonable banker would have been on notice that the customer's director was perpetrating a fraud.
Read moreSmashing 'Smash and Grab' – Coulson J delivers significant blow to smash and grab tactic
Over recent years a body of case law has developed supporting the principle that in the absence of a valid pay less notice an employer is exposed to a 'smash and grab' adjudications for payment of the sum stated as due in a contractor's interim application even if that application is overstated. On Tuesday this week, in what is likely to be his final judgement before moving to the Court of Appeal, Coulson J delivered welcome clarification on the matter in Grove Developments Ltd v S&T (UK) Ltd. Coulson J held that even in the absence of a valid pay less notice it is open to an employer to commence adjudication proceedings for determination of the 'true' value of an interim application potentially blunting the tactical utility of 'smash and grab' adjudications.
Read moreEnforcement Reporter - SFC sets out its enforcement priorities for 2018
On 26 February 2018 the SFC released the third edition of its new series of the Enforcement Reporter. The communication outlines the SFC's key enforcement priorities for the coming year and highlights significant recent enforcement actions. The Enforcement Reporter follows the general themes of previous editions and is a useful indication to the market of the SFC's key concerns. In particular, tackling corporate fraud remains top of the agenda, with insider dealing, misconduct by intermediaries and sponsors, and money laundering on the SFC's radar.
Read moreIs GDPR a barrier to InsurTech growth?
Partner Mark Crichard speaks to Instech Club2020 in the run-up to Instech AI 2018.
Read moreIs the insurance market making sufficient progress in innovating?
Simon Laird speaks to Instech Club 2020 in the run-up to Instech AI 2018
Read moreTax update March 2018
In this month’s update we report on HMRC’s recently published guidance on the Serial Tax Avoidance Regime, venture capital schemes and non-domicile reforms.
Read moreIn the Matter of Agrokor DD: Model Laws and PIK toggle loans
A recent application made by insolvency practitioner of Agrokor, a major Croatian conglomerate, resulted in recognition in England of a stay of civil proceedings against the group. The purpose of the application was to halt any proceedings in relation to Agrokor's securities and debt obligations containing English law and jurisdiction provisions, pending the restructuring in the Croatian insolvency proceedings of the affairs of the group.
Read moreWhen will pleading "special circumstances" permit collateral use?
Having taken a strict approach when considering what constituted "collateral use" in Tchenguiz v Grant Thornton UK LLP, the Commercial Court has moved quickly to clarify the test for "special circumstances" in applications for permission to use previously disclosed documents in The Libyan Investment Authority v Société Générale SA and others.
Read moreHigh Court does not accommodate "Easy" trade mark and passing off claims W3 Ltd v easyGroup Ltd and another [2018] EWHC 7(Ch) 12 January 2018
In a judgment highlighting the inherent risks of litigation, the High Court has dismissed a claim for actionable threats of trade mark infringement against easyGroup Ltd in respect of the use of W3 Ltd's use of "EasyRoommate", as well as dismissing easyGroup's counterclaim claiming passing off and infringement of various trade marks containing the prefix "easy".
Read moreWealth and trusts quarterly digest
Welcome to our latest wealth and trusts digest. Our quarterly digest provides up to date commentary and analysis on key sector developments. It is written by our wealth and trusts teams to assist you and your clients in responding to market trends and legal developments. We would welcome the opportunity to discuss any issues you may have and always welcome feedback on the content of our publications.
Read moreChanges on the horizon - FCA consults on non-workplace pensions
The FCA has issued a discussion paper targeted at the non-workplace pension market. The paper marks the start of the FCA's work looking at whether there is harm in the non-workplace pension market and to better understand the potential presence, nature, extent and cause of any harm.
Read moreBad news for litigants in person?
When a litigant in person fails to correctly serve a claim form they can expect the courts to take a firm approach, following the Supreme Court's decision in Barton v Wright Hassall
Read moreFixed Recoverable Costs: When lawyers come 'cap' in hand
Working group developing a cap on recoverable costs for lawyers in clinical negligence claims
Read moreVAT update - February 2018
In this month’s update we report on the EU Commission’s proposals to reduce VAT compliance costs for small businesses, guidance published by HMRC following the Supreme Court’s decision in InvestmentTrust Companies and the latest consultation to implement “making tax digital” for VAT.
Read moreThe Gig Economy: a Pressure Cooker of Problems
What do companies such as Deliveroo, Uber and Handy all have in common? They have all become hugely successful in the era of the gig economy. But what is the gig economy and what problems does the market face in today's society?
Read moreEquitix ESI CHP (Wrexham) Limited v Bester Generacion UK Limited: Judicial guidance on the applicability of the HGCRA to a dispute under a power generation contract
Equitix ESI CHP (Wrexham) Limited (Equitix), a special purpose vehicle, entered into a design and build contract with Bester Generacion UK Limited (Bester) for the construction of the Wrexham Biomass Fired Energy Generating Plant (the Project).
Read moreSky judge kicks bad faith questions to the ECJ
In a significant decision in Sky v Skykick [2018] EWHC 155, Mr Justice Arnold has referred a number of questions to the CJEU on bad faith and the clarity and precision of trade mark specifications. The CJEU's response may have significant implications for trade mark owners – particularly those holding very broad registrations.
Read moreA game changer for concussion injuries? New study investigating CTE creates a potential headache for defendants and their insurers
A new study shows that repeated hits to the head, not concussions, cause chronic traumatic encephalopathy (CTE), the neurodegenerative disease experienced by American football players, boxers and other athletes.
Read moreStadion - CJEU confirms circumstances where different elements of a supply can be taxed at different rates
In Stadion Amsterdam CV v Staatssecretaris van Financiën C-463/16, the Court of Justice of the European Union (CJEU) has confirmed that, in the absence of specific statutory language to the contrary, a single supply, which includes two individually priced elements, is taxable at the rate of the principle supply.
Read moreBilta: litigation privilege attaches to documents created during internal investigation into VAT claim
In Bilta (UK) Ltd (in liquidation) and ors v Royal Bank of Scotland Plc and another [2017] EWHC 2525 (Ch), the High Court has held that documents prepared by the Royal Bank of Scotland Plc (RBS) in the course of an investigation into allegations made by HMRC were protected by litigation privilege.
Read moreReality Retail
Continuing its trend of introducing disruptive innovations to the retail market, Amazon recently opened its first checkout-free supermarket, 'Amazon Go', to the public. In light of this, we thought we would take a look at some of the other retailers using innovative technology to revitalise their bricks and mortar offering.
Read moreCorporate tax update
Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team and published quarterly. In this final 2017 edition we highlight some of the key tax developments of interest to UK corporates from the fourth quarter of 2017.
Read moreCourt of Appeal holds that a facility agreement based on the LMA model form does not constitute lenders' standard terms for UCTA: But never say never…
The Court of Appeal has upheld a decision that a facility agreement based on the LMA model form did not constitute the lenders' standard terms for the purposes of UCTA. Had UCTA applied, the terms of the facility agreement would have been subject to a reasonableness test.
Read moreBrexit chess game to be played out at Chequers
The Life Sciences industry demands certainty over the Government's approach to regulation after Brexit. It is hoped that Government meetings this month will achieve that.
Read moreCustoms and excise quarterly update, February 2018
Welcome to the February edition of our customs and excise quarterly update.
Read moreMr Justice Langstaff to chair contaminated blood inquiry
Mr Justice Langstaff will lead the public inquiry into how contaminated blood transfusions infected thousands of people with HIV and hepatitis C in the 1970s and 80s
Read moreInsuring Cryptocurrency risk, and why a duck might not actually be a duck
Cryptocurrencies have dominated headlines with their soaring value and accelerating use. Their regulation has remained somewhat of an afterthought, however. This blog post looks at some of the pitfalls and the larger implications for financial professionals and the insurance industry that the risks of cryptocurrency present.
Read moreBeware of the risks when notifying warranty claims
In Teoco UK Limited v Aircom Jersey 4 Limited, Aircom Global Operations Limited(1) the Court of Appeal upheld the High Court's decision to strike out certain breach of warranty claims on the basis that the buyer had given the seller inadequate notice of those claims. The buyer's attempt to keep its options open by drafting its notices widely proved fatal to its claims, as it failed to identify the specific warranties to which its claims related as required by the share purchase agreement.
Read moreICOs in Hong Kong
We have all seen the rise in the price of Bitcoin in the last year, and may also be aware (at the very least) of the existence of ICOs. But what are ICOs? And what legal framework do they operate in? ICOs in Hong Kong.
Read moreSabotage at sea - The LADY M
In The LADY M, the English Commercial Court held that shipowners could rely on the Hague-Visby Rules fire defence even when the fire was set by the crew (without owners’ knowledge). In so doing, the admiralty concept of barratry received rare consideration by the Courts.
Read moreRICS Conflict Avoidance Pledge
It is a well-known fact that the costs of resolving disputes can quickly escalate, and that it is often not cost and time effective to pursue even mid-sized claims through arbitration or litigation. In an attempt to circumvent the need for this sort of dispute resolution, by avoiding disagreements developing into disputes, the Conflict Avoidance Coalition has formed and introduced a "Conflict Avoidance Pledge".
Read moreTrainees Take on 2018: can we predict the unpredictable?
Despite the rollercoaster that was 2017, our trainees did fairly well in predicting its twists and turns, including that Trump would continue without restraint on Twitter. In an attempt to continue our success, the trainees have submitted their predictions for 2018. Disclaimer: we failed to foresee the rise in Bitcoin last year (and therefore must continue to work), so please do not rely on the below for your investment advice! Read on to see our bets on Brexit, US Politics, the World Cup and 'automated bundling'!
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