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Publication

Sports Ticker (12 August 2021) - UEFA and PlayStation renewal, gaming industry change and Rugby League World Cup

Published on 12 August 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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Blog

Kelly – Tax tribunal confirms re-discovery not permissible for the purposes of section 29 TMA

Published on 10 August 2021. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

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In Sean Kelly v HMRC [2021] UKFTT 162, the First-tier Tribunal (FTT) confirmed the principle that a discovery can only be made once and HMRC cannot raise a new discovery assessment under section 29,Taxes Management Act 1970 (TMA), in respect of the same discovery.

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Podcast

The Month That Was – July 2021 –An FCA update – the 2021/22 FCA business plan and a new consumer duty of care

10 August 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

Case comment: striking out of privacy and confidence actions in the Dixons data breach case

Published on 10 August 2021. By Alex Vakil, Senior Associate and Ridvan Canbilen, Associate

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The number of claims issued in the High Court (Media and Communications List) with a data protection element continues to increase. The rise in claim numbers can be attributed to a number of factors including: (i) individuals becoming more aware of their rights under data protection legislation, (ii) uncertainty as to whether individuals may recover damages for a loss of control of their personal data without proving material damage or distress; (iii) the abundance of specialist law firms who are prepared to act for individuals on a "no-win-no-fee" basis and (iv) the availability of After the Event ("ATE") insurance to protect a would-be claimant against adverse costs orders.

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Blog

Sky Kick Back! High Court finding of bad faith overturned by Court of Appeal in long-running Sky v Skykick saga

Published on 09 August 2021. By Ben Mark, Partner and Sarah Mountain, Senior Associate

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On 26 July 2021, the Court of Appeal (CoA) handed down its much-anticipated decision in the latest instalment of the Sky v Skykick trade mark dispute.

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Blog

Fire Safety Act 2021: Clarification for the Responsible Person

Published on 09 August 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

The Fire Safety Bill (the "Bill") received Royal Assent on 29 April 2021 and is now known as the Fire Safety Act 2021 (the "Act"). Although the date has not yet been confirmed for when the Act comes into force, this is another significant development on the issue of fire safety.

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Blog

Non-fungible tokens (NFTs): are they a way for celebrities to 'reclaim' their image? And what happens to the IP?

Published on 06 August 2021. By Ciara Cullen, Partner and Alessandro Cerri, Senior Associate

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Non fungible tokens, unique blockchain-backed certificates of authentication, can monetise digital assets, or in some instances help to 'reclaim' one's image – but it's not one NFT- fits-all for IP rights.

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Blog

The Week That Was – 6 August 2021

Published on 06 August 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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Pursuant to a building contract novated to Toppan, Simply was engaged to construct a care home and subsequently provided a collateral warranty in favour or the operator, Abbey. Defects were found at the care home and Abbey obtained an adjudicator's decision against Simply for damages for loss of trading profit.

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Blog

Architect receives 12 month suspension over "ugly duckling" home cinema design

Published on 06 August 2021. By Emma Wherry, Senior Associate and Sarah O'Callaghan, Associate and Emrys Moore, Associate

Daniel Marcal, an internationally renowned and award winning architect, was retained by Phillip Freeborn, former head of operations at Barclays Capital and his wife Christina Goldie to design an "architectural jewel" of a home cinema, in their £7 million London home. However, as Mr Freeborn told the High Court in his claim against Mr Marcal, he ended up with a "wonky" "expensive white elephant", rather than the sleek modernist cube floating over his pool that he had wanted.

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Blog

When will the court step in to correct a contractual mistake?

Published on 05 August 2021. By Sean Cannon, Associate and Daniel Hemming, Partner

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Only if contractual provisions are "nonsensical or absurd" will the Court intervene to correct mistaken drafting. The Court of Appeal recently considered this issue in the context of a dispute between a landlord and tenant in MonSolar IQ Ltd v Woden Park Ltd.(1)

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Blog

RPC Bites 36 - HFSS restrictions delayed, Oatly faces 'greenwashing' claims and Heineken settles its dispute with the Mexican Tequila Regulatory Council

Published on 05 August 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

Tax Bites - August 2021

Published on 05 August 2021. By Adam Craggs, Partner and Harry Smith, 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

A look at embedded insurance (a podcast with Robin Merttens)

04 August 2021

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Welcome to Insurance Covered. In this episode we are looking at embedded insurance. Our guest is Robin Merttens, Co-Founder and Partner at InsTech London, and we will be discussing a recent report published by InsTech London on embedded insurance and its current uses.

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Blog

Walewski - Mixed partnership rules mean profit can be reallocated for whole period of account

Published on 04 August 2021. By Harry Smith, Senior Associate

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Corporate member tax planning ineffective as profits allocated to partner in partnership for period during which it was a partner under mixed partnership rules.

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Video

Financial CrimeCast: Robert Skillington-Smith

Published on 03 August 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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Publication

Current developments/trends in shareholder/ D&O claims in Europe

Published on 03 August 2021. By James Wickes, Partner

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Every country across the world is increasingly taking on more debt and this has only been intensified by the pandemic, resulting in an upsurge in claims. People and companies will seek to recover funds wherever they can.

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Publication

Statutory holidays in Hong Kong to increase to 17 days

Published on 02 August 2021. By Andrea Randall, Partner and Yuki Chiu, Associate

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All Hong Kong employees, under the Employment Ordinance, are entitled to 12 days of statutory holidays. Some are granted all 17 days of general holidays (which consist of all statutory holidays plus five days) by agreement, but most blue-collars are only given 12.

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Podcast

Lockdown, tax residency and the law of unintended consequences

02 August 2021

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In the latest episode of Taxing Matters, Nikita Cooper, a partner at Price Bailey discusses the effect COVID lockdowns have had on tax residency – and what the unintended consequences could be for you, your business and your employees.

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Publication

The Week That Was - 30 July 2021

Published on 30 July 2021. By Ben Goodier, Partner and Helen Thomas, Senior 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 (29 July 2021) - Premier League v Man City, Rugby League World Cup and F1 TikTok content - a speed-read of key commercial updates from the sports world

Published on 29 July 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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Publication

Corporate Tax Update - July 2021

29 July 2021

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Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team. This month’s update reports on some of the key developments from May and June 2021. Included in this update are news of the historic G7 agreement as to plans for global tax reform, summaries of two cases on the required formalities for bringing contractual claims for breach of warranty and pursuant to a tax covenant, and news of another win for HMRC in an ‘IR35’ case. As ever we hope you, your family and friends are all staying safe and are enjoying the summer.

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Blog

The current state of service

Published on 29 July 2021. By Thomas McCall, Associate and Alan Williams, Partner

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Civil war, competing Governments and a dangerous environment. None of these factors ultimately swayed the UK Supreme Court on 25 June, which held that an English court cannot simply dispense with service of the claim form in proceedings against a State, however difficult service may seem.

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Publication

V@ update - July 2021

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

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Welcome to the July 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

Solicitors' Undertakings: will the lacuna in the law undermine the smooth and efficient transaction of legal business

Published on 28 July 2021. By Laura Stocks, Partner and Tom Toulson, Senior Associate

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Solicitors undertakings are a vital tool in legal practice to ensure the smooth running of litigation and transactional matters.

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Blog

Avonside Roofing – Tax Tribunal sets aside Schedule 36 information notice

Published on 28 July 2021. By Rebekka Sandwell, Senior Associate

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In Avonside Roofing Ltd v HMRC [2021] UKFTT 158 (TC), the First-tier Tribunal (FTT) set aside an information notice issued under paragraph 1, Schedule 36, Finance Act 2008 (the Notice), on the basis that the information and documents requested by HMRC were not reasonably required for the purpose of checking the recipient's tax position.

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Blog

The Forfeiture Moratorium has been extended – But what about the arrears?

Published on 26 July 2021. By Mike Kilner, Consultant

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On 16 June 2021 the Government announced that it is drafting legislation to ringfence outstanding unpaid rent that has accrued during the pandemic in order to protect jobs and give businesses breathing space to recover.

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Blog

The government responds to Cumberlege - What now for product liability risks in the life sciences sector?

Published on 26 July 2021. By Peter Rudd-Clarke, Legal Director

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The government has accepted most of Baroness Cumberlege's recommendations, with long term implications for litigation concerning medicines and medical devices.

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Blog

Rocha-Afodu v SRA – the regulator's powers over solicitors' private lives are examined again

Published on 26 July 2021. By Graham Reid, Partner and Charlotte Thompson, Associate

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If the boundary between a solicitor's professional and private lives were ever to be mapped, it would probably look like the coastline of Norway - infinitely complex, jagged and largely rocky. The da Rocha-Afodu v SRA decision ([2021] EWHC 1666 (Ch)) is another Divisional Court case exploring this difficult terrain, following upon that of Beckwith v SRA [2020] EWHC 3231 (Admin).

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Publication

Redundancy in Hong Kong – Payments and notification obligations

23 July 2021

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In the last of this series, we consider the standard payments owed to an employee on termination as well as employers' notification obligations to government entities in Hong Kong on the cessation of employment.

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Publication

The Week That Was - 23 July 2021

Published on 23 July 2021. By Ben Goodier, Partner and Helen Thomas, Senior 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

Goodwill, Bad Faith and Brotherly Luv: Court of Appeal finds "special circumstances" to allow defence to Passing Off claim

Published on 22 July 2021. By Henry Priestley, Partner and Ben Harris, Associate

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In a dispute between two half-brothers regarding the ownership of a music group name, the Court of Appeal (CoA) found "special circumstances" to permit arguments that would ordinarily be barred through estoppel.

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Podcast

How behavioural science can help insurers (a podcast with Ella Morrison)

21 July 2021

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Welcome to Insurance Covered. In this episode we discuss the role behavioural science can and does have in the insurance industry. Our guest is Ella Morrison, Senior Behavioural Designer at Cowry Consulting.

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Blog

Siddiqui - No proper ground for setting aside summons in private prosecution

Published on 21 July 2021. By Adam Craggs, Partner

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Private prosecution not to be quashed due to failure to disclose settlement agreement.

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Publication

What if the CEO asks me about… the people implications of our growing online presence

Published on 21 July 2021. By Simon Edwards, Partner

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The Covid-19 pandemic has led to numerous changes in the retail sector, with one of the key ones being the growth in online sales – according to the ONS as of January 2021 online sales represented 35.1% of total retail sales versus just 19.5% in January 2020 (though the latest figures from May 2021 show that this has dropped back to 28.5% as things have started to open back up).

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Blog

RPC Bites Summer Bumper Edition 2021

Published on 20 July 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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Podcast

Dawn of a new era: predicted increase in dawn raids

19 July 2021

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With financial pressure mounting on the Government, and with an additional 1000 new fraud investigators announced in the last budget, many expect the frequency of HMRC dawn raids to increase considerably.

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Blog

(Sex) Pistols at dawn over Danny Boyle's new biopic series

Published on 19 July 2021. By Alessandro Cerri, Senior Associate and Sophie Parkinson, Trainee Solicitor

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Sex Pistols band members accuse frontman John Lydon of being No Fun and creating Anarchy for refusing to authorise licences for the use of the band's music in Danny Boyle's forthcoming TV series, Pistol.

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Blog

(Sex) Pistols at dawn over Danny Boyle's new biopic series

Published on 19 July 2021. By Alessandro Cerri, Senior Associate and Sophie Parkinson, Trainee Solicitor

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Sex Pistols band members accuse frontman John Lydon of being No Fun and creating Anarchy for refusing to authorise licences for the use of the band's music in Danny Boyle's forthcoming TV series, Pistol.

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Blog

Knot so Weedy Afterall? RICS issues new draft guidance on Japanese Knotweed

Published on 19 July 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

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The RICS is seeking consultation on its Japanese Knotweed draft guidance note. The consultation, which you can access here, opened on 22 June 2021 and closes on 3 August 2021.

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Publication

Sports Ticker (16 July 2021) - Soul Cap, Jay-Z tackles rugby, and Wimbledon media rights - a speed-read of key commercial updates from the sports world

Published on 16 July 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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Publication

Hong Kong employment – Court of Appeal on interpretation of contracts and (3 – 0) on penalties

Published on 16 July 2021. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

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The Hong Kong Court of Appeal’s recent judgment (of three judges) in Law Ting Pong Secondary School v Chen [2021] HKCA 873 is an interesting judgment that: (i) summarises and applies the relevant principles of contractual interpretation; and (ii) found that a clause providing for termination by payment in lieu of a notice period does not engage the law on penalty clauses and, even if it does, such a provision is unlikely to be regarded as unenforceable (unless it is unconscionable or extravagant).

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Blog

RPC Insurtech in brief - July 2021

Published on 16 July 2021. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Lauren Murphy, Associate and Marsha Williamson, Senior Associate

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

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Blog

Expert evidence is not an absolute right: High Court issues stark reminder that breaches of rules on expert evidence will not be tolerated

Published on 15 July 2021. By Geraldine Elliott, Global Head of Commercial Disputes and Jodie Gittins, Associate

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The High Court has recently issued a stark reminder that breaches of the rules on expert evidence will not be tolerated.

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Blog

Marketing mishap costs Papa John's

Published on 14 July 2021. By Jon Bartley, Partner and Kiran Dhoot, Trainee Solicitor

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Last month, the Information Commissioner's Office ("ICO") has issued a £10,000 fine to Papa John's for sending over 165,000 marketing messages without properly meeting the requirements of the "soft opt-in" rule.

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Blog

The Regulatory Spotlight is shining bright and not just on AFMs

Published on 14 July 2021. By James Wickes, Partner

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On 20 June 2021, the FCA published its findings from the review it carried out on host Authorised Fund Management firms during 2019-2020. The purpose of the review was "to test the viability of the host Authorised Fund Manager (AFM) business models and assess whether conflicts of interests were being effectively managed."

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Blog

…and ONE MORE THING, an intention to parody is not (necessarily) bad faith

Published on 14 July 2021. By Ben Mark, Partner and Sarah Mountain, Senior Associate

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In 2017, Apple successfully opposed two trade mark applications for the words 'SWATCH ONE MORE THING' and 'ONE MORE THING' (the OMT Applications). The OMT Applications were filed by Apple's long-time adversary, Swatch. Apple alleged that the phrase “ONE MORE THING” had come to be associated with it and that Swatch had filed the OMT Applications with the intention of parodying Apple.

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Blog

Golamreza – HMRC assessments and the burden of proof

Published on 14 July 2021. By Constantine Christofi, Senior Associate

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In Golamreza Qolaminejite (aka A Cooper) v HMRC [2021] UKUT 118 (TCC), the Upper Tribunal (UT) allowed the taxpayer's appeal in part on the basis that the First-tier Tribunal (FTT) had erred in law in failing to take all of the taxpayer's case into account in arriving at its decision.

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Podcast

The Month That Was – June 2021 –Manchester Building Society v Grant Thornton and compulsory professional indemnity insurance for tax advisers

13 July 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

Waste not, want not! The UK Government "zeroes" in on plastic waste in Food & Drink

Published on 13 July 2021. By Ciara Cullen, Partner and Sophie Tuson, Associate

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Through a series of recent consultations and legislative initiatives, the Government has shown it is serious about reducing plastic waste and shifting the UK towards a more circular economy. The Government's motivation for doing so is clear: The UK reportedly generates more plastic waste per person than any other country bar the US and currently less than 10% of household plastics are recycled. This is partly due to present difficulties in recycling so-called 'soft plastics', which the Government intends to enforce the collection of by 2026.

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Blog

Escaping Reality Through Reality TV

Published on 12 July 2021. By Ela Broderick-Basar, Trainee Solicitor

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Throughout the COVID-19 pandemic, I have run-around the upper East side of New York City with a bunch of wacky housewives, stayed in a luxury villa in Mexico and sashayed down the runway with 12 other queens. And this summer I will be returning to Majorca for a long, hot summer!

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