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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!!

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Blog

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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Blog

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 Rebecca 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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Blog

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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Blog

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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Publication

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

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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Blog

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!!

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Publication

V@ update - April 2021

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

When can "deliberate concealment" postpone limitation periods?

Published on 29 April 2021. By Lucy Baughan, Associate and Daniel Hemming, Partner

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The Court of Appeal has explored the meaning of "deliberate concealment" in Canada Square Operations Ltd v Potter(1) and has held that there need not be "active steps of concealment" for the start of a limitation period to be delayed under s.32(1)(b) Limitation Act 1980.

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Blog

Need for reasonable enquiries upon receipt of potentially confidential information

Published on 29 April 2021. By Carolin Mester , Associate and Chris Ross, Partner

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The Court of Appeal recently held that a recipient of information will be bound by a duty of confidentiality if it was reasonable for them to have made enquiries as to the confidential nature of the information and they failed to do so (Travel Counsellors Ltd v Trailfinders Ltd [2021] EWCA Civ 38).

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Blog

Balhousie - sale and leaseback does not constitute disposal of 'entire interest' in property

Published on 28 April 2021. By Harry Smith, Senior Associate

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In Balhousie Holdings Ltd v HMRC [2021] UKSC 11, the Supreme Court allowed the taxpayer’s appeal, holding that a sale and leaseback was not a disposal of the taxpayer’s ‘entire interest’ in a care home and accordingly HMRC was not entitled to claw back the benefit of the VAT zero-rating that had applied when the taxpayer acquired the home.

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Blog

'Brake-ing' news: public interest defence is available in breach of confidence and privacy claims, even where the information concerned has been unlawfully obtained

Published on 27 April 2021. By Ben Mark, Partner and Oliver Sainter, Senior Associate

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This recent High Court case concerns the accessing and sharing of emails, said to be private and confidential emails (the Emails), by the Defendants.

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Publication

Product liability bulletin - April 2021

Published on 26 April 2021. By Gavin Reese, Partner and Mamata Dutta, Legal Director and Peter Rudd-Clarke, Legal Director and Elinor Sidwell, Associate and Sharona Zovich, Trainee Solicitor

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Welcome to the latest edition of our product liability bulletin, looking at key news articles and cases affecting the industry. In this edition we look at: OPSS guidance following Brexit, Group Action against Vauxhall, new button battery safety campaign & much more.

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Blog

Escalating ground rents: CMA takes further action against developers

Published on 26 April 2021. By Scott Ashby, Partner and Anna Murley, Senior Associate

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A look at the recent developments in the leasehold market and the effects on leasehold owners and future purchasers.

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Blog

Sports Ticker (22 April 2021) - Super League, full stadiums and Coin for Respect

Published on 23 April 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

What have you been watching during the pandemic?

Published on 23 April 2021. By Kiran Dhoot, Trainee Solicitor

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The COVID-19 pandemic has seen dramatic shifts in the content and media we consume, and the way in which we consume it. That is not itself surprising, but how and to what extent has our media consumption actually changed?

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Podcast

The month that was - March 2021 - Adams v Carey and an update on DB transfers

22 April 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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Publication

Employing workers in Hong Kong

Published on 22 April 2021. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

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Although Hong Kong’s employment laws are relatively straight forward and consistent with international norms, there are a number of unique provisions which companies employing workers in Hong Kong should be aware of.

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Publication

The UK's new restructuring plan

Published on 21 April 2021. By Paul Bagon, Partner and Tim Moynihan, Partner and Kate Watson, Associate

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The UK has introduced the Restructuring Plan; a new, flexible court supervised restructuring tool. The Restructuring Plan draws upon features of the existing Companies Act 2006 scheme of arrangement procedure (which remains available) but includes features which are new to the UK but similar to those under U.S. Chapter 11 bankruptcy proceedings.

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Blog

When is a complaint a complaint under DISP?

Published on 21 April 2021. By Rachael Healey, Partner

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A Court of Appeal judgment has recently addressed what constitutes a complaint for the purposes of DISP [Clive Davis v Lloyds Bank [2021] EWCA Civ 557]. It is important to identify when a complaint is made as a regulated firm for two primary reasons: first, a complaint triggers the dispute resolution procedure under DISP of the FCA's Handbook and second, it stops time running for the purposes of time bar when it comes to a complaint to FOS.

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Blog

The future world of work – a recipe for success

Published on 21 April 2021. By Kelly Thomson, Partner

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The Office for National Statistics (ONS) has just released its report, “Homeworking hours, rewards and opportunities in the UK: 2011 to 2020”. The report lands at a key moment, as leaders across all sectors look to define – and redefine – the future of work and the role of the workplace in the post-pandemic era. The findings are illuminating.

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Blog

Bennedy's Developments – Tribunal allows taxpayer's appeal against daily penalties for late filing of ATED return

Published on 20 April 2021. By Rebekka Sandwell, Associate

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In Bennedy's Developments Ltd v HMRC [2021] UKFTT 21 (TC), the First-tier Tribunal (FTT) has allowed the taxpayer's appeal against daily penalties for late filing of an Annual Tax on Enveloped Dwellings (ATED) return, issued under paragraph 4 of Schedule 55 to the Finance Act 2009 (FA 2009), but dismissed its appeal against a late filing penalty in respect of the same return, issued under paragraph 5 of Schedule 55.

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Blog

Stay on top of Intellectual Property

Published on 20 April 2021. By Ciara Cullen, Partner and Ben Mark, Partner and Sarah Mountain, Senior Associate

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Whether you’re just starting out or launching a new product, there are a wealth of intellectual property issues to consider in the world of distilling. Here, Ciara Cullen, Ben Mark and Sarah Mountain outline those do’s and don’ts, the changing landscape and how to thrive in 2021 and beyond.

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Blog

Stay on top of Intellectual Property

Published on 20 April 2021. By Ciara Cullen, Partner and Ben Mark, Partner and Sarah Mountain, Senior Associate

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Whether you’re just starting out or launching a new product, there are a wealth of intellectual property issues to consider in the world of distilling. Here, Ciara Cullen, Ben Mark and Sarah Mountain outline those do’s and don’ts, the changing landscape and how to thrive in 2021 and beyond.

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Blog

It's Cocoa, Jim, but not as we know it: Court's modern interpretation of underwriters' and brokers' duties #3 - A broker's harsh reality

Published on 19 April 2021. By Tim Bull, Partner and Matthew Wood, Senior Associate and Elizabeth Singleton, Associate (Australian Qualified)

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This is the third 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. Please click here for our first article, setting out a more detailed background to the case.

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Podcast

The Trade-off: Reduced juror numbers in criminal trials

19 April 2021

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The backlog of criminal cases (especially for those relating to fraud) has increased considerably. It is reaching worrying levels resulting in administrative difficulties and substantial cost, both in financial and emotional terms.

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Blog

RPC Bites #29 - breaking news: Colin the Caterpillar v Cuthbert the Caterpillar, uncertainty continues for composite products and packaging producers to face extended responsibility

Published on 16 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!!

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Blog

Fire safety – at last, some welcome news for surveyors

Published on 15 April 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

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We set out below news of a welcome change to the professional indemnity insurance available to surveyors relating to their fire safety work.

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Blog

Retail Credit rating downgrades - How to stop a downgrade becoming a default

Published on 15 April 2021. By Sukh Ahark, Partner and Edward Colville, Legal Director

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COVID-19 disruption and resulting lockdown measures have particularly impacted some retailers.

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Blog

Parental Guidance from the Supreme Court: When may a UK domiciled parent company owe a duty of care to individuals affected by the acts of its foreign subsidiary?

Published on 15 April 2021. By Jonathan Cary, Partner

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We discuss a significant Supreme Court decision on parent company liability under English law, Okpabi and others v Royal Dutch Shell Plc and Shell Petroleum Development Company of Nigeria Ltd. This decision on jurisdiction provides helpful guidance on the circumstances in which a UK domiciled parent company may owe a common law duty of care in respect of the actions of a foreign subsidiary company.

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Podcast

A look at LIIBA

15 April 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. Our guest this week is Christopher Croft and we will be looking at the London and International Insurance Brokers Association or LIIBA and the role they play in the insurance market.

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Publication

Life sciences roundup

Published on 15 April 2021. By Peter Rudd-Clarke, Legal Director

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Welcome to the spring quarterly roundup of regulatory developments in the life sciences sector affecting healthcare institutions - providing bite-size updates from around the industry.

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