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Hong Kong's Legislative Council approves Employment Ordinance amendments to address employment issues arising from anti-epidemic measures

Published on 16 June 2022. By Andrea Randall, Partner and Lillian Wong, Associate

On 15 June 2022, the Hong Kong Legislative Council passed the Employment (Amendment) Bill 2022 ("Bill"), which was gazetted earlier in February this year. The purpose of the Bill is to address employment-related issues arising from the government's anti-epidemic measures.

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Publication

RPC Bites #48 – proposed salt and sugar tax omitted, lo/no alcohol drinks association launched in the UK and Cuthbert the caterpillar returns

Published on 15 June 2022. By Ciara Cullen, Partner and Ben Mark, Partner

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

The "Legal Minefield" of Witness Statements for Multi-Lingual Witnesses under PD32 and PD57AC

Published on 15 June 2022. By Jessica Davies, Associate and Matthew Evans, Of Counsel

In Bahia v Sidhu(1), the High Court considered the difficulties that arose when a witness provided written statements in English but in practice spoke a mix of two languages (English and Punjabi), and gave evidence through an interpreter. Ultimately, despite expressing reservations about choosing English for the written statements, when seen in the context of cross-examination (both in English and Punjabi) the Court found that the choice of language for the witness statements did not represent a breach of the relevant Civil Procedure Rules (the CPR).

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Blog

APP fraud: Commercial Court considers approach to unjust enrichment and knowing receipt claims

Published on 15 June 2022. By Lucy Baughan, Associate and Jonathan Cary, Partner

The recent Commercial Court decision of Tecnimont Arabia Limited v National Westminster Bank PLC(1) considered the court's approach to a claim for unjust enrichment against a recipient bank in an authorised push payment (APP) fraud context. In particular, the Court examined whether the enrichment can be said to be at the 'expense' of the claimant, what factors amount to enrichment being 'unjust' and when the defence of 'change of position' is available. In relation to knowing receipt, the court considered the question of when property is 'trust property' for the purposes of the cause of action.

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Blog

Permission from the Upper Tribunal needed to argue a new point which was not before the First-tier Tribunal

Published on 15 June 2022. By Constantine Christofi, Senior Associate

UT permission required to argue a point not argued before the FTT.

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Blog

CMA ends its investigation into online console gaming subscription practices

Published on 14 June 2022. By Jonathan Greenway, Associate and Joshua Charalambous, Senior Associate

The UK Competition Markets Authority (CMA) has now closed its investigation into subscription practices in the online console gaming sector after key players Sony, Nintendo and Microsoft committed to making improvements to their contract terms with a view to better protecting customers.

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Publication

Financial Crime Time - Your update from RPC: 2022 Q2

Published on 14 June 2022. By Adam Craggs, Partner and Michelle Sloane, Partner and Alice Kemp, Senior Associate (Employed Barrister)

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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Blog

'Popping to the shop' a thing of the past?

Published on 13 June 2022. By Rory Graham, Trainee

Have you noticed that overnight, seemingly every poster on London's streets and billboard in its tube stations advertise a service that will magic groceries to your front door in an impossibly short timeframe? These are signifiers of the battle being fought in the instant grocery delivery space.

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Blog

How should employers protect personal data? A review of the Nikkei data breach

Published on 13 June 2022. By Andrea Randall, Partner and Lillian Wong, Associate

The recent investigation report on the hacking of the email systems of Nikkei China (Hong Kong) Limited ("Nikkei") published by the Privacy Commissioner for Personal Data ("PCPD") on 17 February 2022 is a helpful reminder to employers to protect against cyberattacks and ensure compliance with the Personal Data (Privacy) Ordinance (Cap. 486) (the "Ordinance").

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Publication

The Week That Was - 10 June 2022

Published on 10 June 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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

Injunction granted over stolen NFTs held on constructive trust

Published on 10 June 2022. By Christopher Whitehouse, Senior Associate and Dan Wyatt, Partner and George Fahey , Associate

In a highly anticipated judgment, the Commercial Court in Lavinia Deborah Osbourne v (1) Persons Unknown (2) Ozone Networks Inc held that "there is at least a realistically arguable case" that non-fungible tokens ('NFTs') are to be treated as property in English Law.

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Blog

Marex Strikes Again: Giles v Rhind exception to rule against reflective loss is "dead for all intents and purposes"

Published on 10 June 2022. By Camilla Cook, Associate and Chris Ross, Partner

Despite it being almost two years since the Supreme Court judgment in Marex Financial Ltd v Sevilleja [2020] UKSC 31 considered the principle of reflective loss, the courts continue to grapple with its impacts and effects in relation to existing cases, many of which were stayed pending the appeal.

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Blog

Hong Kong's Legislative Council approves Cancellation of MPF Offsetting

Published on 09 June 2022. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

On 9 June 2022, the Legislative Council passed the Employment and Retirement Schemes Legislation (Offsetting Arrangement) (Amendment) Bill, which abolishes the controversial MPF offsetting mechanism.

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Publication

Tax Bites - June 2022

Published on 09 June 2022. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

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

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Blog

Appeal against discovery assessment allowed as SATR was filed by unauthorised agent

Published on 08 June 2022. By Keziah Mastin, Associate

Allowing an appeal by Mr McCumiskey, the First-tier Tribunal held that HMRC's discovery assessment was invalid on the basis that the purported tax-return had been fraudulently filed and had included an unauthorised and unsubstantiated claim for SEIS relief.

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Podcast

Creating a new class of insurance (With Neta Rozy)

07 June 2022

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Neta Rozy, CTO of Parametrix, and they will be discussing the creation of a new class of insurance.

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Blog

Trade mark infringement: Amazon inadvertently hits its target

Published on 07 June 2022. By Sarah Mountain, Partner and Emma Dunnill, Senior Associate

Online businesses should take note of a recent Court of Appeal decision, in which Amazon was found to have infringed BEVERLY HILLS POLO CLUB (BHPC) trade marks by targeting and making sales of US branded goods to consumers in the UK and EU (Lifestyle Equities CV v Amazon UK Services Ltd [2022] EWCA Civ 552). The decision also provides a helpful reminder of the relevant case law and the key principles of targeting.

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Publication

The Week That Was - 1 June 2022

Published on 01 June 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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

Directors did not breach fiduciary duty in relation to insolvent company's participation in failed tax avoidance scheme

01 June 2022

In Stephen John Hunt (Liquidator of Marylebone Warwick Balfour Management Ltd) v Richard Balfour-Lynn and others [2022] EWHC 784 (Ch), the High Court decided that the directors of a company which went into liquidation after participating in a failed tax avoidance scheme did not breach their fiduciary duties and payments made pursuant to the scheme were not transactions defrauding creditors.

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Publication

Cyber_Bytes - Issue 41

Published on 30 May 2022. 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 Laura Thackeray, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to latest edition of Cyber_Bytes, our regular round up of key developments in cyber, tech and evolving risks.

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Blog

Fake it till you make it? The Government says no more to fake reviews plus tightens up on subscription models

Published on 30 May 2022. By Stevie Vella , Associate

The UK Government has confirmed that new consumer rules will come into force to "shield the public from rip-offs and boost competition". Although not confirmed when these will be introduced, the top three issues on its hit list are fake reviews, "subscription traps" and prepayment schemes.

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Publication

The Week That Was - 27 May 2022

Published on 27 May 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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

FCA Review of AML failings at challenger banks

Published on 27 May 2022. By James Wickes, Partner and Amber Oldershaw, Associate

Throughout 2021, the FCA conducted a detailed review into the financial crime controls of challenger banks as they continued to enter the UK financial industry at a rapid pace. Their surge in popularity is partially linked to the Covid-19 pandemic, which has prompted significant changes in the habits of service providers worldwide. Whilst the FCA's review indicated some evidence of good practice, it is clear that challenger banks must do more to reduce the significant risks of financial crime occurring both at the time of customer onboarding and throughout the subsequent customer journey.

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Blog

The Fire Safety Act – An update

Published on 27 May 2022. By Georgina Haynes, Associate and Katharine Cusack, Partner and Alexandra Anderson, Partner

Since the Fire Safety Bill received Royal Assent on 29 April 2021, it has been in limbo, waiting for its provisions to be brought into force. This has now happened, at least in part, with the publication of the Fire Safety (England) Regulations 2022 (the Regulations) made under article 24 of the Fire Safety Order (the FSO).

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Publication

What if the CEO asks me about…. a visit from an Environmental Health Officer

Published on 27 May 2022. By Ciara Cullen, Partner and Oliver Bray, Senior Partner and Sophie Tuson, Senior Associate

Whilst Environmental Health Officers ("EHO") are often thought to be solely responsible for inspecting food safety requirements, their responsibilities are far wider, including monitoring and enforcing health and safety legislation, and issues relating to public health (such as food hygiene and pest infestations). Their remit extends across a large range of industries, including restaurants, hotels and retail premises.

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Blog

Gleeson Privies: Can non-parties to an arbitration be estopped by it?

Published on 26 May 2022. By Kirtan Prasad, Senior Associate and Tatiana Minaeva, Partner

The recent judgment in PJSC National Bank Trust and others v Boris Mints and others(1) clarifies that arbitral proceedings can give rise to an issue estoppel or abuse of process claim against a non-party who is a "privy" of a party to the arbitration. However, the court observed that this would be exceptional given the contractual and confidential nature of arbitration.

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Publication

V@ update - May 2022

Published on 26 May 2022. By Adam Craggs, Partner

Welcome to the May 2022 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.

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Publication

Lawyers Covered - May 2022

Published on 26 May 2022. By Will Sefton, Partner and Carmel Green, Partner and Tina Campbell, Senior Associate and Aimee Talbot, Senior Associate

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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Publication

General Liability newsletter – May 2022

Published on 25 May 2022. By Gavin Reese, Partner and Fiona Hahlo, Partner and Jonathan Drake, Senior Associate

Welcome to the latest edition of our general liability newsletter, rounding up some of the key cases from the last few months.

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Blog

Dismissal for refusing to attend work during Covid-19 lockdown: automatically unfair?

Published on 25 May 2022. By Ellie Gelder, Senior Editor Employment & Equality and Charlotte Reid, Senior Associate

The Employment Appeal Tribunal (EAT) has found the dismissal of an employee, who refused to attend work during the first Covid-19 lockdown due to concerns about his vulnerable child, was not automatically unfair.

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Blog

Centre of vital interests tiebreaker test saves taxpayer over £10 million

Published on 25 May 2022. By Constantine Christofi, Senior Associate

High net worth individual on right side of centre of vital interests tiebreaker test.

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Blog

Model Articles deemed unsuitable for sole director companies

Published on 24 May 2022. By Rupert Wyles, Senior Associate

A recent decision of the High Court in Hashmi v Lorimer-Wing [2022] EWHC 191 (Ch) has suggested that the model articles for private companies are not suitable for companies with a sole director appointed.

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Publication

Customs and excise quarterly update - May 2022

Published on 24 May 2022. By Adam Craggs, Partner and Michelle Sloane, Partner

Welcome to the May 2022 edition of RPC's Customs and Excise Quarterly Update. In order to enhance your reading experience, we have adapted the format. We hope you like it

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Podcast

Catastrophe Risk Modelling (With Karen Clark)

24 May 2022

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Karen Clark, Co-Founder of Karen Clark & Company and they will be discussing catastrophe risk modelling.

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Blog

Are you a "person discharging managerial responsibility"? High Court clarifies meaning of PDMRs under FSMA

Published on 23 May 2022. By Carolin Ayres, Associate and Jake Hardy, Partner

In a recent interim decision in Allianz Global Investors GmbH and Ors v G4S Ltd (formerly G4S plc) [2022] EWHC 1081 (Ch), Mr Justice Miles clarified the scope of the expression "persons discharging managerial responsibility" ("PDMRs") for the purpose of establishing liability under s.90A and Schedule 10A of Financial Services and Markets Act 2000 ("FSMA").

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Blog

Beware the client who is too busy to litigate

Published on 23 May 2022. By Will Sefton, Partner and Tom Morris, Associate

Clients need to understand from the outset of litigation not only how significant the cost of litigation can be, but also the time commitment.

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Publication

Take 10 - 20 May 2022

Published on 23 May 2022. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Vakil, Partner and Alex Wilson, Partner and Samantha Thompson, Associate and Nadia Tymkiw, Associate and Mafruhdha Miah, Associate and Alex Pollock, Associate and Thomas Otter , Associate and Flora Bezzenberger, Associate and Megan Grew, Trainee

Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.

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Podcast

The Case of The Missing Crypto

23 May 2022

What should you do if your crypto is stolen?

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Publication

Sports Ticker (20 May 2022) - Rugby World Cup, BT x Warner Bros Discovery merger and the end of EA x FIFA's partnership- a speed-read of commercial updates from the sports world

Published on 20 May 2022. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate and Kate O'Malley , Associate

In a fortnight which saw Jake Daniels become the UK's first active male professional footballer to come out publicly as gay – sparking significant support from across the sport, the agreed sale of Chelsea FC for £4.25 billion, and Rob Edwards join Watford FC amidst some discontent from his (soon to be) former club Forest Green, we feature updates on the Rugby World Cup, BT and Warner Bros Discovery pay-TV deal, and the end of a 30-year partnership between EA and FIFA. We also provide updates on the BBC and Talksport's purchase of Premier League audio rights and F1's increased fan base following the success of Drive to Survive.

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Blog

Irrelevant to any issue in the proceedings? High Court orders complete re-review of party's redactions under disclosure pilot scheme

Published on 20 May 2022. By Tim Potts, Senior Associate and Daniel Hemming, Partner

In JSC Commercial Bank Privatbank v Kolomoisky and other the English court determined that, having adopted an unduly narrow approach to relevance, the first defendant should conduct a complete re-review of each of over 6,000 WhatsApp messages in order to determine whether the redactions that had been applied could be maintained, and to provide further information about each redacted message.

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Publication

The Week That Was - 20 May 2022

Published on 20 May 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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

Mariana v BHP may expand scope of environmental group litigation

Published on 19 May 2022. By Lucy Dyson , Partner and Marcela Calife Marotti, Associate

The much-anticipated Court of Appeal decision on a claim resulting from Brazil's worst environmental disaster could herald a new era for group litigation against multinationals in the English courts.

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Blog

HMRC's civil and criminal powers

Published on 19 May 2022. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

HMRC has been provided with extensive and wide-ranging powers, which have increased exponentially in recent years. This article considers HMRC’s main investigatory and assessment powers, by reference to its general enquiries, as well as specific/aspect enquiries, including criminal investigations.

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Blog

Football regulator heralds new era for The Beautiful Game

Published on 18 May 2022. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Kate O'Malley , Associate

Last month, sports minister Nigel Huddleston formally confirmed the government’s support for the 10 strategic recommendations set out in the final report published last December by the independent fan-led review into governance, ownership and sustainability in English football.

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Blog

Accounting rules prevail following HMRC loss in the Supreme Court

Published on 18 May 2022. By Keziah Mastin, Associate

Dismissing an appeal by HMRC, the Supreme Court in HMRC v NCL Investments Ltd and another [2022] UKSC 9, held that deductions for corporation tax purposes are allowable for grants of employee share options.

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Blog

Is the crypto market at the end of its Tether?

Published on 18 May 2022. By Christopher Whitehouse, Senior Associate

The crashing out of Terra has unleashed fears of unsettled investors, rising disputes and fraud exposure.

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Blog

Privy Council decides that banks owe no Quincecare duty to a beneficial owner of monies in an account

Published on 17 May 2022. By Tom Hibbert, Global Head of Commercial Disputes and Jonathan Cary, Partner and Alan Williams, Partner and Jake Hardy, Partner and Chris Ross, Partner and Olivia Dhein, Professional Support Lawyer

A bank does not owe the beneficial owner of account monies any duty of care in negligence, including any Quincecare duty: this was the conclusion of the Privy Council in the Isle of Man case Royal Bank of Scotland International Ltd v JP SPC4 and another. The appeal concerned a fraud where the account holder had defrauded the beneficial owner of the monies, an investment fund, by paying funds out of the relevant bank accounts in contravention of a legitimate investment scheme.

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Publication

RPC Bites #47 –Kellogg's takes on the Government, certain HFSS restrictions are postponed and ingestible CBD products fall foul of FSA rules

Published on 17 May 2022. By Ciara Cullen, Partner and Ben Mark, Partner

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

How to prevent discrimination in the Workplace: practical advice for Hong Kong employers

Published on 17 May 2022. By Andrea Randall, Partner and Lillian Wong, Associate

Hong Kong law prohibits discrimination in the workplace. Unless an exemption applies, it is unlawful to directly or indirectly discriminate on the grounds of sex, marital status, pregnancy, breastfeeding, disability, family status and race (each a "protected characteristic").

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Publication

The Week That Was - 13 May 2022

Published on 13 May 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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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