Search
McDonald's battles to protect its 'Mc'-family
McDonald's has successfully defended its 'Mc' branding, following an application by Children's Cancer Aid Limited (CCA) to register 'MCVEGAN' as a trade mark (the Application).
Read moreIs your phone tracking you? Perhaps, but it is a mere witness to your whereabouts according to the Court of Appeal
In EUI Ltd v UK Vodaphone Ltd(1) a claimant insurance company sought a Norwich Pharmacal order for mobile phone records to prove that an insurance claim had been falsely made.
Read moreKishore – Court of Appeal rejects HMRC's strike out application
In HMRC v Dhalomal Kishore [2021] EWCA Civ 1565, the Court of Appeal rejected HMRC's application to strike out the taxpayer's grounds of appeal against penalties for inaccuracies in VAT returns, as the application was an abuse of process.
Read moreWeighty issues for diet app developers
2022 is set to be the year of the diet app. The distinction between what is a mere lifestyle app and what should in fact be a regulated medical product or service can be difficult to assess.
Read moreWeighty issues for diet app developers
2022 is set to be the year of the diet app. The distinction between what is a mere lifestyle app and what should in fact be a regulated medical product or service can be difficult to assess.
Read moreThe Future of Insolvency Regulation
On 21 December 2021 the Government launched a consultation into the future of insolvency regulation. The changes proposed in the consultation document will have a wide ranging impact on the insolvency profession (and its insurers) with the proposals including: the direct regulation of insolvency firms, the introduction of a single regulatory body with powers to order compensation against insolvency practitioners and firms, a new additional requirements regime, changes to the bond regime and a public register of insolvency practitioners and firms. Many of the changes proposed require primary legislation and so it may be some time before the changes to take effect (if adopted). But there does appear to be some wind behind these proposals given they follow on from the Call for Evidence in 2019 and a more general focus on insolvency issues in the wake of the Covid-19 pandemic.
Read moreSports Ticker (23 December 2021) - Women's Rugby Association, 2022 Winter Olympics boycotts and F1's thrilling finale - a speed-read of commercial updates from the sports world
With Christmas only round the corner, the past fortnight has been particularly busy for the world of sport. With Premier League and EFL clubs choosing to fulfil festive fixtures despite ongoing COVID-19 disruption, this final Sports Ticker for 2021 features the controversial finale in the F1 season, World Rugby's NFT launch, and the formation of the Women's Rugby Association. We also take a look at a potential legal loophole on pitch invaders in women's football, diplomatic boycotts of the 2022 Winter Olympics, as well as Arctos Sports' private equity investment in the NHL. As always, if there are any issues on which you'd like more information (or if you have any questions or feedback), please do let us know or get in touch with your usual contact at RPC. The RPC Sports group wishes you a very merry Christmas and a happy New Year!
Read moreLawyers Covered - December 2021
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.
Read moreLawyers Covered - December 2021
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.
Read moreFCA consults on British Steel redress scheme
The FCA intends to open consultation on an industry wide redress scheme covering British Steel Pension transfers. This is perhaps the only option left for the regulator, but a redress scheme will heap further pressure on an area of the advice industry that is already under fire.
Read moreQuarterly Contentious Tax Review – Winter 2021
HMRC has extensive powers to require information and documentation from taxpayers. These powers were bolstered in the last Finance Act to include financial institution notices. Failure to comply with information notices can attract penalties. The most severe penalties are those imposed by the Upper Tribunal (UT). We examine, below, HMRC's increasing use of these powers, together with HMRC's penchant for 'nudge' letters and recent developments in the application of the transfer of assets abroad (TOAA) provisions.
Read moreA look at Flood Re (a podcast with Andy Bord)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Andy Bord, CEO of Flood Re, a specialist UK reinsurer of flood risks. In this episode we will be discussing all things Flood Re.
Read moreA look at Flood Re (a podcast with Andy Bord)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Andy Bord, CEO of Flood Re, a specialist UK reinsurer of flood risks. In this episode we will be discussing all things Flood Re.
Read moreHome Alone: the birth of a lawyer
Partner Peter Mansfield reveals the shocking truth about the iconic Christmas movie Home Alone.
Read moreHigh Court clarifies new witness evidence rules and requirement for list of documents under Practice Direction 57AC
Only list the documents used to refresh the memory of the witness, use the statement of best practice as a checklist and follow the principles of the practice direction: these are some of the main points arising out of the decision in Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2747 (TCC), the first decision to give substantial guidance on the new witness statement rules under Practice Direction (PD) 57 AC.
Read moreRegulatory update - December 2021
Welcome to the December edition of the Regulatory update, which pulls together recent developments from across the UK’s regulators to help you navigate the regulatory maze.
Read moreReputation management: the vital difference between reacting and responding
Warren Buffet once quipped, "It takes 20 years to build a reputation and only 5 minutes to ruin it". The potential impact of reputational damage can be significant during litigation, or a commercial dispute. Understanding when to react and how to respond, can make all the difference.
Read moreThe Week That Was - 17 December 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreFirst English judgment on the ‘Duty of Fair Presentation’ under the Insurance Act 2015
Berkshire Assets (West London) Limited v AXA Insurance UK plc [2021] EWHC 2689 (Comm) High Court of Justice Queen’s BenchDivision Commercial Court This judgment of the High Court Queen’s Bench Division provides a welcome analysis of how the courts will approach a policyholder’s breach of the ‘Duty of Fair Presentation’ under the Insurance Act 2015 (the ‘Act’).
Read moreNo best endeavours order where documents are out of party's control
The High Court considered in Various Airfinance Leasing Companies & Anor v Saudi Arabian Airlines Corporation(1) whether a party could be obliged to seek disclosure from the personal mobile devices of its ex-employees (i) on the basis that documents on the phones were within the party's control; and (ii) alternatively, by using its best endeavours to seek disclosure. The application was dismissed as the court found that the documents were not within the "control" of the party as a matter of Saudi law and that there was no power to compel best endeavours to seek disclosure of documents outside a party's control.
Read moreDoes it matter if "the price is right"?
The recent case of Serene Construction Ltd v Salata and Associates Ltd has offered further insight on the Courts' approach to claims against bank-appointed receivers where they are instructed to market and sell land.
Read moreCyber_Bytes - Issue 37
We hope you enjoy this latest edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.
Read moreThe Medical Defence Union – insurance premium rebates not taxable receipts
Insurance premium rebate does not count as a taxable receipt, but instead is merely a (non-taxable) refund to the mutual fund for the benefit of its members.
Read moreThe Matrix and the Reality of Insurance
1 hour, 31 minutes and 39 seconds into The Matrix, something remarkable happens. We glimpse a skyscraper, at the top of which is the single word, 'Norwich', and what looks suspiciously like the Norwich Union logo. 15 minutes and 9 seconds later, it's a different skyscraper, but this one has 'Aon'. This tells us everything we need to know about The Matrix. Literally everything.
Read moreFinancial Crime Time - Your update from RPC: 2021 Q4
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.
Read moreRPC Bites #41 – A close call for Meatless Farm, Mikkeller reprimanded over ale that appealed to under 18s and a potential blanket ban on single-use plastics
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 moreSports Ticker (13 December 2021) - Crouch's review, World Rugby eligibility rules change and Discovery targets BT Sport
In a fortnight which has seen Dame Louise Casey's 128-page report published on the events that occurred at this summer's UEFA EURO 2020 final and Tottenham Hotspur fixtures postponed due to a COVID-19 outbreak in the team, we feature the mutual termination of the Mercedes x Kingspan F1 partnership, World Rugby's eligibility rules change and Manchester United's share scheme plan for fans. We also discuss Tracey Crouch MP's report following the Fan Led Review of Football Governance, Discovery's swoop on the DAZN and BT Sport deal and Porsche's Gran Turismo 7 virtual car design.
Read moreThe Week That Was - 10 December 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreRecent judgment on ad hoc admission of overseas counsel tells of wider COVID-19 story
Applications for ad hoc admission, pursuant to section 27(4) of the Ordinance, are fact dependent and the relevant legal principles are well-established.
Read moreUpdated P.R.I.M.E. Finance Arbitration Rules launched for 2022
P.R.I.M.E Finance, the Hague-based Panel of Recognised International Market Experts in Finance, has launched updated P.R.I.M.E Finance Arbitration Rules (the Rules), which come into force from 1 January 2022.
Read moreSummary judgment application does not amount to submission to English jurisdiction
Does applying for summary judgment application before the determination of a parallel application for a stay, amount to a step in the proceedings that results submission to the jurisdiction?
Read moreThe birth of modern life assurance (a podcast with Craig Turnbull)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Craig Turnbull, Senior Technical Specialist at the Bank of England, and our topic is the birth of modern life assurance.
Read moreHong Kong employment update - December 2021
Interlocutory injunction to enforce employee’s post-termination paid non-compete clause
Read moreFCA looks to tighten up appointed representative regime
On Friday the FCA published a consultation paper on potential changes to the existing appointed representative (AR) regime.
Read moreGB Fleet Hire - Upper Tribunal allows appeal against First-tier Tribunal strike out decision
In a rare move, the Upper Tribunal overturned the decision of the First-tier Tribunal to strike out an appeal on the grounds that the tribunal's decision was irrational.
Read moreLloyd's' focus on a more sustainable future
Lloyd's published its first Environmental, Social and Governance (ESG) Report at the end of last year and while this is a fairly new focus area for Lloyd's it noted that: a) in its history it has a long record of contributing to communities and helping them to recover from disaster; and b) the role that insurance plays in protecting society and supporting global economic growth.
Read moreLloyd's' focus on a more sustainable future
Lloyd's published its first Environmental, Social and Governance (ESG) Report at the end of last year and while this is a fairly new focus area for Lloyd's it noted that: a) in its history it has a long record of contributing to communities and helping them to recover from disaster; and b) the role that insurance plays in protecting society and supporting global economic growth.
Read moreBusiness Rates – an unpopular tax imposed in unfortunate circumstances
It is almost trite to say that retailers have had a tricky time over the last 20 months. The combination of enforced closures, and more recent supply chain difficulties and staff shortages have left them reeling. On 1 July the business rates holiday ended and, although rates will be discounted by up to 2/3rds for smaller retailers until March 2022, most will come under increased pressures. It is unsurprising that many are calling for a complete overhaul of the business rates system.
Read moreBlockchain: Revolutionary technology… or the perfect opportunity for fraudsters
In recent times it seems that the word crypto, and the underlying blockchain technology associated with it, is on everyone’s lips. From Elon Musk's effect on the price of Bitcoin to non-fungible tokens in the art world, the debate rages over whether blockchain will revolutionise the world or lead to the dismantling of the existing order.
Read moreThe Week That Was - 3 December 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreWhen the bough breaks...
When the bough breaks: Force majeure or Third Party negligence? How to identify a recovery. When trees fail, they have the potential to cause significant damage and disruption to property and businesses.
Read moreProduct law bulletin – December 2021
Welcome to the latest edition of our product law bulletin, this month we focus on compliance with Natasha's law, the extension of the UKCA mark deadline, the OPSS Awareness Scheme into the dangers of swallowing small high powered magnets and whether COVID-19 can cause new allergic reactions to products.
Read moreTax Bites - December 2021
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world. As always, if there are any areas you would like more information on (or if you have any questions or feedback), please let us know or get in touch with your usual RPC contact.
Read moreCounterfeiters beware: It all ends in tiers…
The UK Intellectual Property Office (IPO) recently published the 2020 – 2021 IP Crime and Enforcement Report (the Report). The Report highlights the current and emerging threats surrounding counterfeiting and is a collaboration between the IPO and the IP Crime Group (which is made up of enforcement agencies and industry representatives). The Report details the work carried out by these organisations, to prevent IP crime.
Read moreVitol Aviation – Tribunal directs HMRC to issue closure notices where diverted profits tax review periods are ongoing
In Vitol Aviation UK Ltd and others v HMRC [2021] UKFTT 0353 (TC), the First-tier Tribunal (FTT) granted the Applicants' application for closure notices in respect of corporation tax enquiries, notwithstanding that the review periods for diverted profits tax (DPT) notices were ongoing in respect of the same accounting periods.
Read moreThe role of an in-house lawyer (a podcast with Will Bloomer)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Will Bloomer, Chief Corporate & Legal Affairs Officer at Howden Group and we will be discussing the role of an in-house lawyer in the insurance market.
Read moreLawyers Covered - November 2021
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.
Read moreLawyers Covered - November 2021
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.
Read moreCustoms and excise quarterly update - November 2021
In this update we report on (1) the revised timetable for border controls on imports from the EU; (2) regulations regarding the new Freeports; and (3) updates to safety and security requirements on imports and exports from the EU. We also comment on three recent cases relating to (1) time limits and procedural requirements in a customs context; (2) whether UK acquisition VAT can apply when a bonded warehouse is not located in the UK; and (3) the tariff classification of mastectomy bras.
Read more