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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
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.
Read moreIrrelevant to any issue in the proceedings? High Court orders complete re-review of party's redactions under disclosure pilot scheme
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.
Read moreThe Week That Was - 20 May 2022
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreMariana v BHP may expand scope of environmental group litigation
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.
Read moreHMRC's civil and criminal powers
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.
Read moreFootball regulator heralds new era for The Beautiful Game
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.
Read moreAccounting rules prevail following HMRC loss in the Supreme Court
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.
Read moreIs the crypto market at the end of its Tether?
The crashing out of Terra has unleashed fears of unsettled investors, rising disputes and fraud exposure.
Read morePrivy Council decides that banks owe no Quincecare duty to a beneficial owner of monies in an account
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.
Read moreRPC Bites #47 –Kellogg's takes on the Government, certain HFSS restrictions are postponed and ingestible CBD products fall foul of FSA rules
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 moreHow to prevent discrimination in the Workplace: practical advice for Hong Kong employers
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").
Read moreThe Week That Was - 13 May 2022
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreCourt of Appeal says no to purely factual appeals
In the context of a dispute as to whether funding provided from a father to his son to purchase a property constituted a gift or a loan, the Court of Appeal re-articulated the very limited circumstances in which an appeal court may interfere with a trial judge's conclusions on primary facts. The trial judge must be "plainly wrong", in the sense that their conclusion was "rationally insupportable" in order to warrant such interference. The court also considered a list of features of purely factual appeals which are unlikely to succeed in the appeal court.
Read moreCorporate tax update - May 2022
Welcome to the latest edition of our Corporate Tax Update, written by members of RPC's tax team.
Read moreThe Importance of Brand (with Ben Bolton)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Ben Bolton for his second appearance on the podcast. In this episode we discuss the growing importance of brand in commercial insurance.
Read moreTax Tribunal confirms documents sought by HMRC were legally privileged
In Colin Wiseman v HMRC [2022] UKFTT 00075 (TC), the First-tier Tribunal (FTT) confirmed that certain documents which were requested by HMRC under paragraph 1, Schedule 36, Finance Act 2008, were subject to legal professional privilege (LPP) and should not be disclosed.
Read moreCourt of Appeal upholds the CAT's opt-out certification in Le Patourel v BT
Last week, the Court of Appeal delivered its judgment in Le Patourel v BT Group. BT's appeal against the Competition Appeal Tribunal's decision to grant a collective proceedings order (CPO) on an opt-out* basis was unsuccessful. In a claimant-friendly ruling, the Court of Appeal held that the CAT's opt-out determination was correct and that direct account crediting at distribution stage would be permissible.
Read moreClimate-related financial disclosures: what companies and LLPs need to know about the UK's new mandatory rules
The UK's new climate-related financial disclosures: mandatory requirements to come clean
Read moreCovid rent arrears: get negotiating and don't leave arbitration too late
It is "crucial" that retail tenants with outstanding Covid-19-related arrears, negotiate with landlords as soon as possible and apply for binding arbitration by 23 September 2022 if needed to resolve the dispute.
Read moreCyber_Bytes - Issue 40
Welcome to latest edition of Cyber_Bytes, our regular round up of key developments in cyber, tech and evolving risks.
Read moreThe Asset Tracing Investigator: Following the money
Have you ever wondered what happens behind the scenes of an investigation?
Read moreTake 10 - May 2022
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.
Read moreThe Week That Was - 6 May 2022
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreSports Ticker (06 May 2022) - W Series, an independent football regulator and broadcasting battles – a speed-read of commercial updates from the sports world
In a fortnight which saw Tyson Fury retain the WBC title and vow to retire, we feature updates on the broadcasting agreement between Sky Sports and W Series, the Government's confirmation an independent football regulator will be introduced, a cricket NFT platform's impressive fundraising, and Channel 4's broadcasting rights for the next two seasons of England's men's football.
Read moreObvious arithmetical error in damages calculation is sufficient for arbitral award to be set aside for procedural irregularity, finds High Court
The High Court has found that an "obvious arithmetical error" in the calculation of damages was a procedural irregularity under s 68 of the Arbitration Act 1996 (the Act) and set aside the relevant part of the award.
Read moreCourt of Appeal strikes out defences that funds' losses resulting from FX manipulation have been passed on to investors following redemption
In Allianz Global Investors GmbH & Ors v Barclays Bank PLC & Ors(1), the Court of Appeal allowed an appeal by the claimant funds (the Funds) and struck out defences by the Defendant banks (the Banks) that losses incurred by the Funds had been avoided or passed on upon redemption by their investors.
Read moreHow to comply with the FCA's new diversity and inclusion targets for listed companies
The FCA has finalised its new rules on diversity and inclusion on listed company boards and executive committees. The rules, which are set out in the FCA's policy paper PS22/3: Diversity and inclusion on company boards and executive management, are substantially in line with the proposals set out in the FCA's consultation paper CP 21/24. In scope listed companies are required to include a statement in their annual financial report on whether they have met specific board diversity targets on a ‘comply or explain’ basis, as at a chosen reference date within their accounting period.
Read moreTax Bites - May 2022
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreChanges made to top slicing relief held not to apply retrospectively
Changes introduced by Finance Act 2020 to top slicing relief are not retrospective in effect.
Read moreHong Kong – General adjournment of court proceedings ends with more guidance for remote hearings
Hong Kong's general adjournment of court proceedings ends with more guidance for remote hearings.
Read moreFCA approach to Part VII transfers
On 15 February 2022, the Financial Conduct Authority (FCA) published its final guidance (FG22/1) on its approach to reviewing insurance business transfer schemes under Part VII of the Financial Services and Markets Act 2000.
Read moreA "golden age" of television? - Government announces overhaul of broadcasting legislation
On 28 April the government published a white paper setting out its vision for the broadcasting sector. Plans include regulation for streaming services, changes to the public service broadcasting regime, and reform to broadcasting rights for major sporting events.
Read moreThe Week That Was - 29 April 2022
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreLawyers Covered - April 2022
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 moreV@ update - April 2022
Welcome to the April 2022 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.
Read moreCommercial Court confirms limits of full and frank disclosure duty in arbitration enforcement action
What happens when a party makes a without notice application? How far should it go to meet its obligation of full and frank disclosure? The Commercial Court gave clear guidance on the limits of this duty when it dismissed the latest claim by the State of Libya that challenged General Dynamic's permission to enforce an arbitral award in General Dynamics United Kingdom Ltd v State of Libya.(1) This was one in a series of cases between the company and the North African country.
Read moreHong Kong Wage Subsidy Update – Government announces new round of Employment Support Scheme
The Government has at last finalized the details of the new round of Employment Support Scheme ("2022 ESS"). The purpose of the 2022 ESS to offer limited time financial support to small and medium-sized enterprises through providing wage subsidies to encourage enterprises to increase employment and to retain employees who would otherwise be made redundant.
Read moreTribunal erred in law by refusing HMRC's application to strike out taxpayer's appeal
The Upper Tribunal has held that the First-tier Tribunal erred in law by striking out HMRC's application to strike out a taxpayer's appeal of a decision by HMRC to deny Input VAT on the basis of no reasonable prospect of success.
Read moreElectronic signing on corporate transactions: What is current best practice?
Electronic signing has now replaced in-person signing as the norm for most lawyers and clients on corporate transactions. This article summarises the current guidance from a number of sources on conducting electronic signing procedures.
Read moreA look at lawyers PI insurance (With Martin Ellis)
Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Martin Ellis, Executive Director at Howden and our topic of discussion is Lawyers professional indemnity insurance.
Read moreCOVID-19 and the impact on UK corporate insolvencies
It has been just over two years since the World Health Organisation first declared Covid-19 a pandemic, and as the UK prepares to transition away from an era of pandemic restrictions and unprecedented government intervention, to a more ‘business-as-usual’ open economy, it seems timely to consider the possible legacies of this crisis on UK businesses.
Read moreDisputes Yearbook 2022: Retail and Restructuring
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.
Read moreDisputes Yearbook 2022: Banking Litigation
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.
Read moreDisputes Yearbook 2022: Civil Fraud
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.
Read moreDisputes Yearbook 2022: Technology disputes
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.
Read moreThe Month That Was - March 2022 - An update on the British Steel pension scheme FCA consultation and McClean v Thornhill
Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.
Read moreChallenging tax avoidance
The tax gap refers to the difference between the amount of tax that should, in theory, be paid to HMRC, and what is actually paid. To help narrow this gap, HMRC has been granted a number of powers over the years, including those aimed at tackling tax avoidance.
Read moreThe Week That Was - 22 April 2022
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreSports Ticker (22 April 2022) - Lamborghini esports team, World Rugby red card and Victoria 2026 Commonwealth Games - a speed-read of commercial updates from the sports world
In a fortnight which saw Victoria win the bid to host the 2026 Commonwealth Games, we feature updates from the Masters, the launch of Lamborghini's esports team, alleged breaches of FFP regulations by Manchester City and proposals to introduce 20-minute red cards by World Rugby.
Read moreInterim injunctions and competing public interests (Attorney General v BBC)
In Her Majesty's Attorney General for England and Wales v British Broadcasting Corporation [2022] EWHC 826 (QB), an interim injunction has been granted in favour of the Attorney General (AG) to restrain the BBC from broadcasting the identity and image of an alleged covert human intelligence source for MI5 (known only as ‘X’) who is accused of being abusive to two former partners and using his position with MI5 to terrorise and control one of the women. The injunction was granted on the basis that, while it "represented a very significant interference with the right of the BBC to freedom of expression and the correlative right of the public to receive the information the BBC wishes to publish" [23], such a measure was necessary in order to prevent a real and immediate risk to X’s life or safety, as well as the potential wider impact of publication on national security.
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