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RPC Bites #32 - breaking news: the EU rejects Amendment 171 on dairy descriptors, mixed alcoholic and alcohol-free beer packs hit Tesco's shelves and the CMA issues draft guidance on green claims

Published on 27 May 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

V@ update - May 2021

Published on 27 May 2021. By Adam Craggs, Partner and Rebekka Sandwell, Senior Associate

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Welcome to the May 2021 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.

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CMA draft guidance has greenwashing in its sights

Published on 27 May 2021. By Ciara Cullen, Partner and Sophie Tuson, Associate

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After launching its investigation into environmental claims last November 2020, the CMA has now published draft guidance to help businesses understand and comply with their existing consumer law obligations when making environmental claims. The draft guidance is open for consultation until 16 July 2021 with the final guidance set to be published by the end of September 2021.

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Comtek – Counteraction steps taken after Follower Notice deadline can reduce penalty

Published on 26 May 2021. By Harry Smith, Senior Associate

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Follower notice penalty for SDLT scheme follower notice reinstated but reduced by Upper Tribunal, and guidance given as to meaning of 'counteraction' in APN / accelerated payment notice context.

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Blog

A meaty debate: traditional vs lab-grown alternatives

Published on 26 May 2021. By Noonie Holmes, Trainee Solicitor

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This January, a record 500,000 people pledged to eat only plant-based food as part of Veganuary, but avoiding meat may not be the only way to eat sustainably.

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Publication

Sports Ticker (25 May 2021) - Tokyo Olympics' vaccinations, Premier League NFTs and Lineker v HMRC

Published on 25 May 2021. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, Associate and Jaleela Johnson, Associate and Joseph Akwaboa, Associate

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Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

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Philip Warren & Son v Lidl – No case of mi-steak-en identity

Published on 25 May 2021. By Ben Mark, Partner and Ciara Cullen, Partner

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The High Court has dismissed a passing off claim brought by Philip Warren & Son Limited (PWS) against well-known supermarket, Lidl. The decision ultimately turned on the fact that PWS presented "insufficient evidence of a significant level of operative misrepresentation to any category of PWS' customers".

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Blog

Philip Warren & Son v Lidl – No case of mi-steak-en identity

Published on 25 May 2021. By Ben Mark, Partner and Ciara Cullen, Partner

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The High Court has dismissed a passing off claim brought by Philip Warren & Son Limited (PWS) against well-known supermarket, Lidl. The decision ultimately turned on the fact that PWS presented "insufficient evidence of a significant level of operative misrepresentation to any category of PWS' customers".

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Publication

What if the CEO asks me about... whether we are all set for an advertising blitz now lockdown is easing?

Published on 24 May 2021. By Simon Edwards, Partner and Paul Joukador, Partner

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As lockdown eases in the UK and businesses start to fully re-open, there has been a significant upturn in advertising. Many brands are urgently rushing to get their advertising out and are looking for the best placement of that advertising.

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Podcast

Tax fraud: The rise of the professional enabler

24 May 2021

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In this episode, we are joined by Simon York, Director of HMRC's Fraud Investigation Service (FIS). Created only five years ago, FIS has already secured 3,700 criminal convictions for serious fraud and protected over £25 billion in assets.

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Blog

Exceptions to the without prejudice rule – another retrenchment

Published on 20 May 2021. By Suzan Kurdi, Senior Associate and Simon Hart, Partner

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The Court of Appeal has resisted the temptation to provide clarity on the scope and application of the so-called Muller(1) exception to the without prejudice rule. In Berkeley Square Holdings Limited v Lancer Property Asset Management Limited(2), it indicated that recent first instance decisions had strayed beyond the facts in Muller, a development that might widen the scope of the exception unjustifiably.

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Publication

Take 10 #14

20 May 2021

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Welcome to RPC's fortnightly digest for media lawyers. This month's digest reports on key media developments and latest cases.

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Blog

Euromoney – Tribunal considers 'main purpose' test

Published on 19 May 2021. By Rebekka Sandwell, Senior Associate

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In Euromoney Institutional Investor PLC v HMRC [2021] UKFTT 0061 (TC), the First-tier Tribunal (FTT) upheld the appellant's appeal, finding that the avoidance of liability to tax was a purpose, but not the main purpose, or one of the main purposes, of the relevant arrangements, for the purposes of section 137(1), Taxation of Chargeable Gains Act 1992 (TCGA).

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Publication

Redundancy – The law in Hong Kong

Published on 18 May 2021. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

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In the current climate, it is inevitable that some employers may have to contemplate making redundancies to trim overhead costs in order to survive. Many industries in Hong Kong have been heavily impacted by the pandemic, forcing employers to make difficult decisions in respect of business operations and the retention of employees.

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Blog

Patents Court finds alleged penalty clause is firm but fair

Published on 18 May 2021. By Ciara Cullen, Partner and Jessica Pease, Trainee Solicitor

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The Patents Court recently held that provisions in a settlement agreement, which restricted the ability to challenge IP rights in the future, were enforceable and did not amount to penalty clauses, as the defendant contended.

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Blog

New RICS Guidance for Risks, Liability and Insurance April 2021

Published on 18 May 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

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The RICS have produced a new Guidance Note entitled "Risks, Liability and Insurance", which came into effect on 1 April 2021. This note is a must read for surveyors and provides practical advice for risk management and the points to consider when seeking professional indemnity cover.

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Podcast

The current state of construction insurance (With Samantha Peat)

17 May 2021

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Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests. This week we are joined by Samantha Peat, Chair of the professional indemnity insurance group at the Construction Leadership Council (CLC) and we will be discussing the current state of construction insurance, focusing on findings from a recent survey.

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Video

Financial CrimeCast: James Walker

Published on 17 May 2021. By Sam Tate, Partner and Emily Pica, Associate (Australian Qualified)

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Welcome to Financial CrimeCast. In this series, the Centre for Legal Leadership, supported by RPC, talks to leaders in the field of financial crime, compliance and ethics. Guests discuss their career journey, what they have learnt along the way and the financial crime issues they see on the horizon.

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Blog

FCA set to expand climate-related reporting rules

Published on 17 May 2021. By James Parsons, Associate and Ashley Daniells, Associate

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The FCA has revealed it will consult on plans to require asset managers, life insurers and FCA-regulated pension schemes to meet climate-related disclosure rules. In doing so, the FCA is expanding the scope of firms required to report on climate-related risks in accordance with the recommendations of the Task Force on Climate-related Financial Disclosure (TCFD).

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Publication

What are the latest trends in bankruptcy and restructuring? What developments can we expect to see?

Published on 14 May 2021. By Paul Bagon, Partner and Tim Moynihan, Partner

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The pandemic led to the biggest change to insolvency legislation in the UK for over 20 years.

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Blog

Hand in your notice - how to bring a successful warranty claim

Published on 13 May 2021. By Emma West, Senior Associate and Simon Hart, Partner

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Buyers wishing to make a claim under contractual warranty provisions must comply with those provisions to the letter; sufficient and timely information is key. In Arani & Others v Cordic Group(1), the buyer had given inadequate notice of its contractual warranty claim and also could not bring a misrepresentation claim based on the warranties.

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Blog

RPC Bites #31 - Rugby World Cup win for Japan's Asahi Breweries, Co-op's sustainability drive continues with compostable bags and food past its best before date and Gordon Ramsay calls out Lucky Cat Noodle

Published on 13 May 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!!

Read more
Blog

Pure Legal interest only mortgage claim – judgment in favour of the mortgage broker on limitation grounds as judge finds the damage was patent not latent

Published on 13 May 2021. By Anthony Cutler, Associate and Rachael Healey, Partner

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The first judgment following trial in a Pure Legal interest only mortgage claim has now been handed down, with the judge dismissing the claim on the basis that it was out of time, with the claimants having all requisite knowledge of the material facts of the damage from the outset of taking out the interest only mortgage. The judge also found the advice was not negligent.

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MONOPOLY - Hasbro fails to pass go in long-running trade mark dispute

Published on 13 May 2021. By Sarah Mountain, Senior Associate and Samuel Coppard, Associate and Jessica Pease, Trainee Solicitor

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The General Court has dismissed an appeal brought by Hasbro, Inc. (Hasbro) against the European Union Intellectual Property Office (EUIPO) following its decision that repeat trade mark filings for 'MONOPOLY' constituted bad faith.

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Publication

It's Cocoa, Jim, but not as we know it: Court's modern interpretation of underwriters' and brokers' duties #4 - getting the witness evidence right and new rules

Published on 12 May 2021. By Tim Bull, Partner and Matthew Wood, Senior Associate and Elizabeth Singleton, Associate (Australian Qualified)

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This is the fourth and final article in our series following the decision in ABN Amro Bank N.V. v Royal Sun Alliance Insurance plc and 13 Underwriters and Edge Brokers (London) Limited, in which RPC acted for Edge.

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Podcast

The Month That Was – April 2021 – an update on Interest Only Mortgage claims

12 May 2021

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Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.

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Mehrban – Discovery assessments invalid due to staleness

Published on 12 May 2021. By Constantine Christofi, Senior Associate

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In Kashif Mehrban v HMRC [2021] UKFTT 53 (TC) the First-tier Tribunal (FTT) held that a three-year delay in issuing a 'discovery' assessment issued pursuant to section 29,Taxes Management Act 1970 (TMA), resulted in the discovery becoming 'stale', even though the delay had not been the result of HMRC inaction.

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Blog

The science of cross-cultural small talk – Don't treat others as you want to be treated

Published on 11 May 2021. By Becky Baker , Trainee Solicitor

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Leaders and scholars of business ethics often espouse the benefits of the "golden rule" - treat others as you would want to be treated - but it could be a risky way to approach cross-cultural business relationships.

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Subsidence mitigation: the legal principles

Published on 11 May 2021. By Ally Yeandle, Associate

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Subsidence: mitigating insurer’s outlay and maximising recovery prospects.

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RPC Insurtech in brief - May 2021

Published on 10 May 2021. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Lauren Murphy, Associate

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

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Cyber_Bytes - Issue 32

Published on 10 May 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

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Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

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Sports Ticker (10 May 2021) - Para-sport basketball league, Premier League TV Rights and Olympic Virtual Series

Published on 10 May 2021. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, Associate

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Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

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Blog

Carrier bag charges to increase to 10 pence from 21 May 2021

Published on 07 May 2021. By Henry Priestley, Partner and Ellie Ward, Associate

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As trailed in the latest edition of Retail Compass, the Government has been planning to increase the minimum charge of single-use carrier bags.

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Publication

Tax Bites - May 2021

Published on 07 May 2021. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

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Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.

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Podcast

Insurance and environmental conservation (With Rob George)

07 May 2021

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Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests. This week we are joined by Rob George, Head of Corporate Governance and Risk at the RSPB and our topic for discussion is the role insurance can (and does) play in environmental conservation.

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Publication

Disputes Yearbook 2021: Criminal tax disputes

Published on 07 May 2021. By Michelle Sloane, Partner

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As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring key areas of the market and what RPC brings to the table.

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Take 10 #13

07 May 2021

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Welcome to RPC's fortnightly digest for media lawyers. This month's digest reports on key media developments and latest cases.

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Disputes Yearbook 2021: Civil Fraud

Published on 06 May 2021. By Andy McGregor, Head of Civil Fraud

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As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.

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Blog

Japan's quiet approach to cross-border investment is changing

Published on 06 May 2021. By Nigel Collins, Partner, Head of Japan Desk

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This article highlights a few interesting insights from an interview of Nigel Collins (RPC) and Mangyo Kinoshita (southgate) conducted by Brunswick Group.

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Blog

Forum conveniens – context is key

Published on 06 May 2021. By Dan Wyatt, Partner and Karina Plain, Associate (Australian qualified)

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The English High Court has allowed conspiracy proceedings brought by two Russian banks against several Russian nationals to proceed in England, despite there being "no doubt, and no dispute, that [it] is a Russian case".(1)

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Publication

Take 10 #15

06 May 2021

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Welcome to RPC's fortnightly digest for media lawyers. This month's digest reports on key media developments and latest cases.

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Publication

Disputes Yearbook 2021: Financial disputes

Published on 05 May 2021. By Simon Hart, Partner

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As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.

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Publication

Court reviews witness’s reluctance to travel to Hong Kong because of COVID-19

Published on 05 May 2021. By Antony Sassi, Managing Partner, Asia

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In Standard Chartered Bank (Hong Kong) Ltd v Nie, the Court of Appeal refused the defendant (who resides outside Hong Kong) permission to appeal a trial judge’s decision not to allow her to give evidence by videoconferencing facilities (VCF) at trial. Apparently, the defendant had been reluctant to travel to Hong Kong from Beijing (where she resides) to attend the trial because of concerns about the COVID-19 public health pandemic. Both the trial judge and the Court of Appeal appear to have been unimpressed by the defendant’s application. Giving witness evidence by VCF during a trial in civil proceedings is not the norm (even during a pandemic). A party looking to rely on such evidence needs to act promptly to obtain the court’s permission and provide good reasons for doing so supported by credible evidence.

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Blog

Inmarsat Global – Upper Tribunal confirms successor company not entitled to capital allowances incurred by its predecessor on satellite launch costs

Published on 05 May 2021. By Alexis Armitage, Associate

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In Inmarsat Global Ltd v HMRC [2021] UKUT 59 (TCC), the Upper Tribunal (UT) upheld the First-tier Tribunal's (FTT) decision that a company was not eligible for capital allowances in relation to expenditure incurred by its predecessor on launching satellites into space.

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Publication

Disputes Yearbook 2021: Retail disputes

Published on 04 May 2021. By Jeremy Drew, Head of TMT

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As part of the acclaimed Disputes Yearbook, Legal Business interviewed members of our disputes team exploring the litigation landscape and what RPC brings to the table.

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Podcast

Furlough, fraud and the FIS

04 May 2021

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Twenty episodes ago, in early summer last year, our Taxing Matters podcast focused on the newly emerging risk of furlough fraud. Now, nearly a year on (and three iterations of the Coronavirus Job Retention Scheme later) David Francis, Head of Tax Dispute Resolution at Grant Thornton, joins us to discuss this important and evolving topic.

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Blog

Caught in the act

Published on 30 April 2021. By Adam Craggs, Partner and Alice Kemp, Senior Associate (Employed Barrister)

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The furlough scheme has become ‘a magnet for fraudsters’. Adam Craggs and Alice Kemp outline the extensive powers HMRC can muster to investigate ‘high risk’ claims and to claw back any undue payments.

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Contentious tax quarterly review

Published on 30 April 2021. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

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Rise in alternative dispute resolution Until relatively recently, HMRC imposed strict conditions on the timing of when an application for alternative dispute resolution (ADR) could be made, refusing to consider any application which was made after it had formally set out its position in its ‘statement of case’.

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Blog

RPC Bites #30 - Cypriot cheese receives protected status, Colin v Cuthbert continues and finally, clarity on composite food products

Published on 30 April 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!!

Read more
Publication

V@ update - April 2021

Published on 29 April 2021. By Adam Craggs, Partner and Rebekka Sandwell, Senior Associate

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Welcome to the April 2021 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.

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