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The Week That Was - 21 January 2022

Published on 21 January 2022. 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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Publication

The Food, Beverage and Cosmetics Law Review: United Kingdom

Published on 20 January 2022. By Ciara Cullen, Partner and Ben Mark, Partner

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RPC is excited to announce that the UK chapter of the very first Food, Beverage and Cosmetics Law Review has been published and is available to download.

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Podcast

A look at sustainable insurance (a podcast with Julian Richardson)

20 January 2022

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Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Julian Richardson, CEO of Parhelion Underwriting and our topic for this episode is sustainable insurance.

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Podcast

A look at sustainable insurance (a podcast with Julian Richardson)

20 January 2022

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Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Julian Richardson, CEO of Parhelion Underwriting and our topic for this episode is sustainable insurance.

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Publication

RPC Bites New Year Bumper Issue– M&S v Aldi (again), Bitcoin and pizza is not a welcome combo for the ASA and a green start to 2022 for Morrisons and McDonalds

Published on 19 January 2022. By Ciara Cullen, Partner and Ben Mark, Partner

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Happy New Year and welcome to our New Year Bumper Edition of 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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Blog

Minstrell Recruitment – HMRC not required to disclose the names of its officers involved in a Gross Payment Status revocation decision

Published on 19 January 2022. By Constantine Christofi, Senior Associate

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In Minstrell Recruitment Ltd v HMRC [2021] UKFTT 0344 (TC), the First-tier Tribunal (FTT) held that HMRC need not disclose the names of the HMRC officers involved in making a gross payment status (GPS) revocation decision where that decision had been successfully appealed, for the purpose of determining whether HMRC had acted unreasonably in the conduct of that appeal.

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Blog

National Security and Investment Act – is my transaction in scope?

Published on 18 January 2022. By Neil Brown, Partner

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The National Security and Investment Act (the NSAI) came into force on 4 January 2022. This 2 minute read aims to give a short checklist of questions to help determine whether a transaction might be in scope of the NSAI.

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Snapshot

Snapshots Winter 2021

Published on 17 January 2022. By Oliver Bray, Senior Partner

A roundup of key legal developments for the modern commercial lawyer.

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Blog

RICS revised Rules of Conduct – coming soon

Published on 17 January 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner and Emrys Moore, Associate

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The RICS's new Rules of Conduct are due to come into force on 2 February 2022. The rules combine the previously separate codes for individuals and firms in force since 2007 with the Global Professional and Ethical Principles from 2009, with the intention of providing a single, concise summary of all relevant principles, in order to allow RICS member firms and clients to understand what good professional practice looks like.

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Publication

Hong Kong Employment: Settlement Agreements

Published on 17 January 2022. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

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International news has recently been filled with talk about settlement agreements – in particular, a settlement agreement concerning Prince Andrew. How should a settlement agreement be prepared under the laws of Hong Kong? In this article, we will consider what should be included in a settlement agreement in the context of an employment relationship.

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Publication

The Week That Was - 14 January 2022

Published on 14 January 2022. 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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Publication

Sports Ticker (14 January 2022) - Djokovic's Australian visa row, Arsenal's ASA reprimand and Ferrari's NFT foray - a speed-read of commercial updates from the sports world

Published on 14 January 2022. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate

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During a fortnight which has seen Peter "Snakebite" Wright secure his second victory at the PDC World Darts Championship, the Premier League obtain summary judgment against PPL in the Commercial Court and the Tampa Bay Buccaneers' Antonio Brown bizarrely exit the MetLife Stadium leading to the termination of his contract with the franchise, we feature the latest on Djokovic's Australian Open debacle, the passing off claim made against "The Good, the Bad and the Rugby" podcast and the salary cap investigation into Premiership Rugby league-leaders Leicester Tigers. We also take a look at Ferrari's foray into the ever-expanding NFT metaverse, the censorship of Arsenal's crypto adverts and the New York Times' acquisition of The Athletic.

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Blog

RPC Insurtech in brief - January 2022

Published on 14 January 2022. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Lauren Murphy, Associate and Marsha Williamson, Senior Associate

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

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Publication

Corporate tax update – January 2022

Published on 13 January 2022. By Ben Roberts, Partner

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Welcome to the latest edition of our Corporate Tax Update, written by members of RPC's tax team. As this edition is the first of the New Year we hope that you, your family and friends had a restful and enjoyable end to 2021.

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Blog

JTC - Escrow agreement set aside on basis of mistake

Published on 12 January 2022. By Harry Smith, Senior Associate

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Rescission granted of pension arrangements with tax impact due to incorrect advice for temporary UK non-resident moving to UAE.

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Publication

Annual Insurance Review 2022

10 January 2022

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Welcome to RPC's 2022 annual insurance review – a look back at the events that shaped the insurance market in 2021 and a look forward towards what to expect in 2022.

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Podcast

Parametric innovation in travel insurance (a podcast with Carl Carter)

10 January 2022

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Welcome to Season 3 of Insurance Covered, the podcast that covers everything insurance. In our first episode of the year Peter is joined by Carl Carter, UK Country CEO at CPP Group UK and our topic for this episode is parametric insurance and its applications in travel insurance.

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Blog

Limitation Act 1980 s.32(1): whether a claimant could have discovered fraud with "reasonable diligence" extends to events prior to accrual of the cause of action

Published on 06 January 2022. By Carolin Mester , Associate and Jonathan Cary, Partner

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The High Court found that, when considering the postponement of the limitation period for the purposes of Section 32(1) of the Limitation Act 1980, the question of whether the claimant could have discovered the fraud with "reasonable diligence" extends to the period before the claimant suffered a loss.

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Blog

McDonald's battles to protect its 'Mc'-family

Published on 06 January 2022. By Ben Mark, Partner and Sarah Mountain, Partner and Ellie Ward, Associate

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McDonald's has successfully defended its 'Mc' branding, following an application by Children's Cancer Aid Limited (CCA) to register 'MCVEGAN' as a trade mark (the Application).

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Blog

Is your phone tracking you? Perhaps, but it is a mere witness to your whereabouts according to the Court of Appeal

Published on 06 January 2022. By Rosy Gibson, Associate and Parham Kouchikali, Partner

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In EUI Ltd v UK Vodaphone Ltd(1) a claimant insurance company sought a Norwich Pharmacal order for mobile phone records to prove that an insurance claim had been falsely made.

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Blog

Kishore – Court of Appeal rejects HMRC's strike out application

Published on 05 January 2022.

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In HMRC v Dhalomal Kishore [2021] EWCA Civ 1565, the Court of Appeal rejected HMRC's application to strike out the taxpayer's grounds of appeal against penalties for inaccuracies in VAT returns, as the application was an abuse of process.

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Blog

Weighty issues for diet app developers

Published on 04 January 2022.

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2022 is set to be the year of the diet app. The distinction between what is a mere lifestyle app and what should in fact be a regulated medical product or service can be difficult to assess.

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Blog

Weighty issues for diet app developers

Published on 04 January 2022.

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2022 is set to be the year of the diet app. The distinction between what is a mere lifestyle app and what should in fact be a regulated medical product or service can be difficult to assess.

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Blog

The Future of Insolvency Regulation

Published on 04 January 2022. By Rachael Healey, Partner

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On 21 December 2021 the Government launched a consultation into the future of insolvency regulation. The changes proposed in the consultation document will have a wide ranging impact on the insolvency profession (and its insurers) with the proposals including: the direct regulation of insolvency firms, the introduction of a single regulatory body with powers to order compensation against insolvency practitioners and firms, a new additional requirements regime, changes to the bond regime and a public register of insolvency practitioners and firms. Many of the changes proposed require primary legislation and so it may be some time before the changes to take effect (if adopted). But there does appear to be some wind behind these proposals given they follow on from the Call for Evidence in 2019 and a more general focus on insolvency issues in the wake of the Covid-19 pandemic.

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Publication

Sports Ticker (23 December 2021) - Women's Rugby Association, 2022 Winter Olympics boycotts and F1's thrilling finale - a speed-read of commercial updates from the sports world

Published on 23 December 2021. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate

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With Christmas only round the corner, the past fortnight has been particularly busy for the world of sport. With Premier League and EFL clubs choosing to fulfil festive fixtures despite ongoing COVID-19 disruption, this final Sports Ticker for 2021 features the controversial finale in the F1 season, World Rugby's NFT launch, and the formation of the Women's Rugby Association. We also take a look at a potential legal loophole on pitch invaders in women's football, diplomatic boycotts of the 2022 Winter Olympics, as well as Arctos Sports' private equity investment in the NHL. As always, if there are any issues on which you'd like more information (or if you have any questions or feedback), please do let us know or get in touch with your usual contact at RPC. The RPC Sports group wishes you a very merry Christmas and a happy New Year!

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Publication

Lawyers Covered - December 2021

23 December 2021

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Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Lawyers Covered - December 2021

23 December 2021

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Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Blog

FCA consults on British Steel redress scheme

Published on 22 December 2021. By David Allinson, Partner

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The FCA intends to open consultation on an industry wide redress scheme covering British Steel Pension transfers. This is perhaps the only option left for the regulator, but a redress scheme will heap further pressure on an area of the advice industry that is already under fire.

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Blog

Quarterly Contentious Tax Review – Winter 2021

Published on 22 December 2021. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

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HMRC has extensive powers to require information and documentation from taxpayers. These powers were bolstered in the last Finance Act to include financial institution notices. Failure to comply with information notices can attract penalties. The most severe penalties are those imposed by the Upper Tribunal (UT). We examine, below, HMRC's increasing use of these powers, together with HMRC's penchant for 'nudge' letters and recent developments in the application of the transfer of assets abroad (TOAA) provisions.

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Podcast

A look at Flood Re (a podcast with Andy Bord)

22 December 2021

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Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Andy Bord, CEO of Flood Re, a specialist UK reinsurer of flood risks. In this episode we will be discussing all things Flood Re.

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Podcast

A look at Flood Re (a podcast with Andy Bord)

22 December 2021

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Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Andy Bord, CEO of Flood Re, a specialist UK reinsurer of flood risks. In this episode we will be discussing all things Flood Re.

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Publication

Home Alone: the birth of a lawyer

Published on 21 December 2021. By Peter Mansfield, Partner

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Partner Peter Mansfield reveals the shocking truth about the iconic Christmas movie Home Alone.

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Blog

High Court clarifies new witness evidence rules and requirement for list of documents under Practice Direction 57AC

Published on 20 December 2021. By Daniel Hemming, Partner and Sophie Parkinson, Trainee Solicitor

Only list the documents used to refresh the memory of the witness, use the statement of best practice as a checklist and follow the principles of the practice direction: these are some of the main points arising out of the decision in Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2747 (TCC), the first decision to give substantial guidance on the new witness statement rules under Practice Direction (PD) 57 AC.

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Publication

Regulatory update - December 2021

20 December 2021

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Welcome to the December edition of the Regulatory update, which pulls together recent developments from across the UK’s regulators to help you navigate the regulatory maze.

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Podcast

Reputation management: the vital difference between reacting and responding

20 December 2021

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Warren Buffet once quipped, "It takes 20 years to build a reputation and only 5 minutes to ruin it". The potential impact of reputational damage can be significant during litigation, or a commercial dispute. Understanding when to react and how to respond, can make all the difference.

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Publication

The Week That Was - 17 December 2021

Published on 17 December 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

First English judgment on the ‘Duty of Fair Presentation’ under the Insurance Act 2015

Published on 17 December 2021. By Catherine Percy, Partner

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Berkshire Assets (West London) Limited v AXA Insurance UK plc [2021] EWHC 2689 (Comm) High Court of Justice Queen’s BenchDivision Commercial Court This judgment of the High Court Queen’s Bench Division provides a welcome analysis of how the courts will approach a policyholder’s breach of the ‘Duty of Fair Presentation’ under the Insurance Act 2015 (the ‘Act’).

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Blog

No best endeavours order where documents are out of party's control

Published on 16 December 2021. By Daniel Hemming, Partner and Kirtan Prasad, Senior Associate

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The High Court considered in Various Airfinance Leasing Companies & Anor v Saudi Arabian Airlines Corporation(1) whether a party could be obliged to seek disclosure from the personal mobile devices of its ex-employees (i) on the basis that documents on the phones were within the party's control; and (ii) alternatively, by using its best endeavours to seek disclosure. The application was dismissed as the court found that the documents were not within the "control" of the party as a matter of Saudi law and that there was no power to compel best endeavours to seek disclosure of documents outside a party's control.

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Blog

Does it matter if "the price is right"?

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

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The recent case of Serene Construction Ltd v Salata and Associates Ltd has offered further insight on the Courts' approach to claims against bank-appointed receivers where they are instructed to market and sell land.

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Publication

Cyber_Bytes - Issue 37

Published on 16 December 2021. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Senior Associate and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Ridvan Canbilen, Associate and Laura Thackeray, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

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We hope you enjoy this latest edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Blog

The Medical Defence Union – insurance premium rebates not taxable receipts

Published on 15 December 2021. By Constantine Christofi, Senior Associate

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Insurance premium rebate does not count as a taxable receipt, but instead is merely a (non-taxable) refund to the mutual fund for the benefit of its members.

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Publication

The Matrix and the Reality of Insurance

Published on 15 December 2021. By Peter Mansfield, Partner

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1 hour, 31 minutes and 39 seconds into The Matrix, something remarkable happens. We glimpse a skyscraper, at the top of which is the single word, 'Norwich', and what looks suspiciously like the Norwich Union logo. 15 minutes and 9 seconds later, it's a different skyscraper, but this one has 'Aon'. This tells us everything we need to know about The Matrix. Literally everything.

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Publication

Financial Crime Time - Your update from RPC: 2021 Q4

Published on 13 December 2021. By Adam Craggs, Partner and Michelle Sloane, Partner and Alice Kemp, Senior Associate (Employed Barrister)

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Welcome to the latest edition of our round-up of news making the headlines in the world of financial crime and compliance. Our aim is to give you an easily digestible, bite-sized overview of issues that may affect your business.

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Publication

RPC Bites #41 – A close call for Meatless Farm, Mikkeller reprimanded over ale that appealed to under 18s and a potential blanket ban on single-use plastics

Published on 13 December 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

Sports Ticker (13 December 2021) - Crouch's review, World Rugby eligibility rules change and Discovery targets BT Sport

Published on 13 December 2021. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate

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In a fortnight which has seen Dame Louise Casey's 128-page report published on the events that occurred at this summer's UEFA EURO 2020 final and Tottenham Hotspur fixtures postponed due to a COVID-19 outbreak in the team, we feature the mutual termination of the Mercedes x Kingspan F1 partnership, World Rugby's eligibility rules change and Manchester United's share scheme plan for fans. We also discuss Tracey Crouch MP's report following the Fan Led Review of Football Governance, Discovery's swoop on the DAZN and BT Sport deal and Porsche's Gran Turismo 7 virtual car design.

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Publication

The Week That Was - 10 December 2021

Published on 10 December 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

Recent judgment on ad hoc admission of overseas counsel tells of wider COVID-19 story

Published on 10 December 2021. By Samuel Hung, Partner and Jennifer Leung, Associate and James Lee, Associate

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Applications for ad hoc admission, pursuant to section 27(4) of the Ordinance, are fact dependent and the relevant legal principles are well-established.

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Blog

Updated P.R.I.M.E. Finance Arbitration Rules launched for 2022

Published on 09 December 2021. By Jonathan Cary, Partner and Jonathan Wood, Chair of International Arbitration and Olivia Dhein, Professional Support Lawyer

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P.R.I.M.E Finance, the Hague-based Panel of Recognised International Market Experts in Finance, has launched updated P.R.I.M.E Finance Arbitration Rules (the Rules), which come into force from 1 January 2022.

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