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FCA criticised by Complaints Commissioner for its handling of enforcement limitation issues
The Office of the Complaints Commissioner recently upheld two complaints against the FCA for making a "serious mistake" in its management of limitation issues for two connected investigations. The Commissioner criticised the FCA not only for its mismanagement of the limitation issue, but also for the unnecessary delays in concluding its own internal investigation into these complaints.
Read moreDB Transfers - now what?
We know that the FCA is looking closely at defined benefit transfers; we already have the FCA's review of redress methodology and the defined benefit transfer rules. We now have the results of the FCA's review, into defined benefit transfers and it makes for uncomfortable reading for the financial services industry.
Read moreTax update, October 2017
In this update we report on HMRC’s recently published guidance concerning the new offences of failing to prevent the facilitation of tax evasion; HMRC’s new powers to refuse to register or de-register master trust pension schemes; and new guidance on investors’ relief in the CGT context.
Read moreGetting to the heart of database right and copyright
Getting to the heart of database right and copyright: Technomed Ltd and another v Bluecrest Health Screening Ltd and another [2017] EWHC 2142 (Ch), 24 August 2017 It's not often that a case features successful claims for both copyright infringement and database right infringement but this is one of those cases.
Read moreInsurtech Jargon 101: What does it all mean?
"Insurtech" is a nebulous concept broadly referring to innovative technology in the insurance industry. Comments on insurtech are often littered with references to specific computing concepts which individually are pretty straight-forward. However, when used in conjunction with one another with no further explanation, insurtech jargon can sound much more complex than it really is. I explain some of the key terms below.
Read moreService provider liability
EU proposal provides clarity on incoming requirements for digital service providers
Read moreInterpretation of uncertain provisions – Kitcatt and others MMS v UK Holdings Ltd and others [2017] EWHC 675
How will a Court interpret a clause that is uncertain or which appears to be unworkable?
Read moreThe FCA: key themes for 2017/18
A look at key developments for the FCA in 2017 and looking forward to 2018
Read moreBailey: Quality trumps quantity as Tribunal grants taxpayer principle private residence relief
In Stephen Bailey v HMRC [2017] UKFTT 658 (TC), the First-tier Tribunal (FTT) granted the taxpayer principle private residence relief, under section 222, Taxation of Chargeable Gains Act 1992 (TCGA), despite having only occupied the property in question for two periods of less than six months.
Read moreVAT update September 2017
In this month’s update we report on the Commission’s evaluation of invoicing rules; revisions to VAT notice 700/50, concerning default surcharge; and details of the consultation on the Making Tax Digital reforms.
Read moreGulf between legal advice privilege in the UK and Hong Kong is widening
Jonathan Cary explains the gulf opening up between England and the other major common law jurisdictions such as Hong Kong in relation to legal advice privilege and the pitfalls to be aware of.
Read moreSnapshots - Autumn 2017
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreLuxury fast fashion
The world of high-end fashion has relied on a stable business model for decades; luxury collections are previewed at major fashion events, anticipation builds and then up to six months later products actually go on sale. But it was clear from last week's London Fashion Week that the luxury fashion model is changing as some brands seek to take advantage of consumer demand for fast fashion.
Read moreASA Ruling on British Telecommunications plc t/a BT – prominence of qualifications to headline claims
What constitutes a sufficiently prominent qualification of a comparative advertising claim?
Read moreASA Ruling on SKY UK Ltd t/a Sky – “Super Reliable” broadband
Two Sky adverts claimed that Sky's broadband services were “super reliable”.
Read moreASA publishes report on gender stereotyping in advertising
How far do advertisers need to go in ensuring that ads avoid harmful gender stereotypes?
Read moreICO issues fines for emails asking customers to change marketing preferences
The ICO has fined Moneysupermarket.com and Morrisons Supermarket a total of £90,500 for emails sent to customers who had previously opted out of marketing messages.
Read moreICO fines Boomerang Video Ltd for failure to prevent cyber attack
On 27 June 2017, the Information Commissioner's Office (ICO) fined Boomerang Video Ltd (Boomerang) £60,000 after an investigation found that the SME had failed to take basic steps to stop its website being attacked.
Read moreASA Inspop.com Ltd t/a Confused.com (5 July 2017) – ASA decision on “No.1 claims”
Confused.com, a comparison site, ran a campaign comprising of five adverts in total, all which stated that it was “No.1 for car savings”.
Read moreASA Ruling on John Lewis Partnership plc ta John Lewis
When is it misleading to claim that an item, purchased as part of a bundle, is “free”?
Read moreICO publishes updated Subject Access Code of Practice
How should data controllers respond to subject access requests (SARs)?
Read moreData Protection Working Party adopts Opinion 2/2017 on data processing at work
How do new technologies affect the balance between employers and employees in the debate over legitimate data monitoring interests vs the privacy expectations of individuals?
Read moreASA New BCAP guidance on advertising of high fat, salt and sugar (HFSS) products
How can an HFSS product advertisement be differentiated from a brand advertisement (to which the HFSS restrictions do not apply)? And what is the approach of the Broadcast Committee of Advertising Practice (BCAP)?
Read moreTerms and conditions
Thousands agree to clean loos and hug stray cats for free Wi-Fi
Read moreService provider liability
EU proposal provides clarity on incoming requirements for digital service providers
Read moreGovernment publishes the Data Protection Bill
The UK government published the Data Protection Bill (Bill) on 14 September 2017. The Bill will replace the Data Protection Act 1998 (DPA) and transfer the General Data Protection Regulation (GDPR) into domestic law (with a few derogations, as discussed below). Post-Brexit, the Bill will continue to regulate data protection in the UK.
Read moreEffective assignment and notice
General Nutrition Investment Company v Holland and Barrett International Ltd and another [2017] EWHC 746 (Ch)
Read moreGB Building Solutions Ltd (in administration) v SFS Fire Services Ltd (t/a Central Fire Protection) 2017 EWHC 1289
When using defined terms in a contract, how careful do you need to be in their consistent application?
Read moreUnfair Contract Terms Act
African Export-Import Bank v Shebah Exploration & Production Company Ltd
Read moreExclusion clauses
Excluding liability for negligence was reasonable – Goodlife Foods Ltd v Hall Fire Protection Ltd [2017] EWHC 767 (TCC)
Read moreSupreme Court decision on conflicting contractual standards – MT Højgaard A/S v E.On Climate and Renewables UK Robin Rigg East Ltd [2017] UKSC 59
How will the Court resolve conflicting contractual standards, e.g. between general obligations and specified international standards?
Read moreContractual discretion
Rationality in exercise of discretion – Watson and others v Watchfinder.co.uk Limited [2017] EWHC 1275
Read moreUnclear limitation clauses
Royal Devon and Exeter NHS Foundation Trust v ATOS IT Services UK Ltd [2017] EWHC 2197 (TCC)
Read moreLandmark ruling on end of life care
Huntington's patient: Court rules Court application no longer necessary in end of life care where patient's family and doctors are in agreement
Read moreThe costs of surrogacy: a valid and separate head of claim
A claimant has been awarded £74,000 for the costs of a surrogacy arrangement, following a hospital's delay in diagnosing cervical cancer.
Read moreGekko – HMRC's unreasonable conduct leads to costs award against it
In Gekko & Company Ltd [2017] UKFTT 586 (TC), the First-tier Tribunal (FTT), in allowing an appeal against assessments to VAT and penalties, awarded the taxpayer its costs as HMRC's conduct had been unreasonable.
Read moreSwansea City player Bony keeps former agents in play
In a dispute with his agents over secret commissions, Swansea City striker Wilfried Bony has succeeded in opposing a stay in English Court proceedings, which would have been implemented had the Court found he had agreed to arbitrate. The decision is an important reminder that national courts will have jurisdiction to hear a claim if the parties have not agreed (expressly or impliedly) to resolve the dispute using arbitration.
Read moreThathiah: HMRC unsuccessful in first senior accounting officer penalty appeal
In Kreeson Thathiah v HMRC [2017] UKFTT 0601 (TC), the First-tier Tribunal (FTT) allowed an appeal against penalties which had been assessed on the finance director of a group of companies under the Senior Accounting Officer (SAO) regime, contained in Schedule 46, Finance Act 2009 (FA 2009), as HMRC had failed to establish that he had breached his duty as a SAO.
Read moreOver the Insured's Dead Body
One year on from the entry into force of the Third Parties (Rights Against Insurers) Act 2010 and the fun and games are just getting started.
Read moreIntroducing our new commercial law briefings for retailers
Introducing our new commercial law briefings for retailers
Read moreSettlement considerations following the Rangers decision
Following the Supreme Court’s recent judgment in the Rangers case, many employers who had established employee benefit trusts (EBTs) are facing enforcement notices in respect of income tax and National Insurance contributions.
Read moreHickey Plant Hire - Taxpayer successfully challenges HMRC's narrow reading of penalty rules
In M J Hickey Plant Hire and Contracts Ltd v HMRC [2017] UKUT 308 (TCC), the Upper Tribunal (UT) allowed the taxpayer's appeal and in a carefully considered judgment sets out the correct approach to the penalty rules applicable to 'normal' and 'delayed tax' cases, contained in Schedule 24, Finance Act 2007 (FA 2007).
Read moreTax update, September 2017
In this month’s update we report on HMRC’s new guidance on asset-based penalties for offshore inaccuracies; the GAAR Advisory Panel’s first published opinion on tax planning involving gold bullion and Spotlight 39 on measures designed to avoid the 2019 EBT loan charge.
Read moreCorporate tax update, second quarter 2017
Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team and published quarterly.
Read moreSpecial relationship
David Wallis and Peter Sugden outline what commercial teams need to know about US/UK deals.
Read moreVigne - HMRC lose business property relief case
In The Estate of Maureen W Vigne (deceased) v HMRC [2017] UKFTT 632 (TC), the First-tier Tribunal (FTT) has determined that the estate of the late Maureen Vigne was entitled to business property relief (BPR), as provided for in section 105, Inheritance Tax Act 1984 (IHTA).
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