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The 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).
Read moreWelcoming new red tape
The Medical Devices Regulation 2017 is good news for insurers in the life sciences sector. More data on safety and performance will be collected on products before they get to the market
Read moreA level playing Field?
Frank Field's Work and Pensions Select Committee is intending to review the impartiality of defined benefit pension transfer advice. What could this mean for the advisory industry and its PI insurers?
Read moreA level playing Field?
Frank Field's Work and Pensions Select Committee is intending to review the impartiality of defined benefit pension transfer advice. What could this mean for the advisory industry and its PI insurers?
Read moreThe Mayor of London's Affordable Housing SPG: 10 things you need to know (part 2)
This supplementary planning guidance, issued this month, builds on the Mayor's long-term aim for half of all new homes in London to be affordable (as defined in the London Plan). More will no doubt be heard in the revised London Plan when that emerges, but in the meantime here are some headlines which we hope help you cut through the SPG.
Read moreAmazon and the $200billion Internet Economy in South East Asia
Amazon's launch in Singapore last month marks the internet giant's official entry into South East Asia. Sophie Tuson explores why the region, and Singapore in particular, provides such fertile ground for e-commerce businesses in search of growth.
Read moreVAT update August 2017
In this month’s update we report on updated guidance from HMRC on distance selling, the EU (Withdrawal Bill) and the revised place of supply rules for B2C telecommunications.
Read moreSIPP complaints to FOS still on the up
Complaints to the FOS about SIPPs continue to rise, having sky rocketed in the first quarter of 2017.
Read moreThe Mayor of London's Affordable Housing SPG: 10 things you need to know (part 1)
This supplementary planning guidance, issued this month, builds on the Mayor's long-term aim for half of all new homes in London to be affordable (as defined in the London Plan). More will no doubt be heard in the revised London Plan when that emerges, but in the meantime here are some headlines which we hope help you cut through the SPG.
Read moreShow me the money – turning liens into cash
Most charterparties give owners the right to lien cargo for unpaid hire or freight. However, it may be necessary to sell the cargo in order to obtain payment. The English Commercial Court has recently considered the circumstances in which it would be prepared to order the sale of cargo held under a shipowners' lien.
Read moreEdgar Davids wins League of Legends image rights claim
Dutch football icon Edgar Davids has succeeded in suing Riot Games – makers of the world's biggest video game and eSports phenomenon, League of Legends.
Read moreBPP – Tribunal correct to strike out HMRC's case for failure to comply with Rules and Directions
In BPP Holdings Ltd v HMRC [2017] UKSC 55, the Supreme Court has confirmed that the First-tier Tribunal (FTT) was justified in directing that HMRC be barred from taking further part in the proceedings for failure to adhere to the Tribunal’s Rules and Directions.
Read moreAppification of Retail and Data Protection
The rise in online retail is seen by many as one of the key causes of the decline in footfall on the UK's high streets in recent years but the high street has been fighting back with its own innovative use of technology to help get more shoppers back into physical stores.
Read moreCustoms and excise quarterly update, August 2017
In this update we report on the implementation of the Fulfillment House Due Diligence Scheme, the National Audit Office's report on the new Customs Declaration Service and the future excise duty rate changes to cooking wine and other cooking alcohol.
Read morePSR issues public censure on payment system operator
The Payment Systems Regulator (PSR) has recently announced its first enforcement outcome, as it issued a public censure against a payment system operator.
Read moreWealth and trusts quarterly digest, August 2017
Our quarterly digest provides up to date commentary and analysis on key sector developments.
Read moreChallenge to SRA intervention rejected
Suspicion of wrongdoing in law firms gives rise to difficult judgments.
Read moreSigned, sealed, delivered
Matthew Griffith shares some strategies for delivering successful (re)insurance M&A – before and after the ink has dried
Read moreWhat a drag
James Mee and David Wallis outline some of the issues involved in selling companies with a large employee shareholder base
Read moreEastern Power – Tribunal orders HMRC to close its enquiries despite outstanding information notices
In Eastern Power Networks Plc and others v HMRC [2017] UKFTT 494 (TC), the First-tier Tribunal (FTT) ordered HMRC to issue closure notices even though there were a number of outstanding information notices.
Read moreAvoid getting in a spin: Lessons for managing future Registered Designs cases - Spin Master Limited v PMS International Group [2017] EWHC 1477
It is relatively rare for a case management conference ("CMC") to be of sufficient interest to be the subject of an article. However, these proceedings raised general issues of how to achieve short, cost-effective hearings where one or perhaps both parties were preparing for a much longer trial.
Read moreCould 'clickstream data' put firms' websites in the spotlight?
Rachael Ellis considers the FCA's use of clickstream data to examine customers' engagement with charges information.
Read moreGovernment sets out details of new data protection legislation
The Government has today published a Statement of Intent setting out details of the forthcoming Data Protection Bill. Matt Hancock MP, the Digital Minister, says that the reforms will "bring our data protection law up to date" whilst transferring the General Data Protection Regulation ('GDPR') into domestic law. The text of the Data Protection Bill is expected in early September.
Read moreLights, camera, legal action
The law has proven a popular subject of television programmes for decades. Charlotte Thompson explores whether the drama of real life trials may soon reach the small screen.
Read moreNo duty of care owed when conducting a redress procedure
The Court of Appeal has found that banks did not owe a duty of care when conducting a past business review (PBR) of previous sales of interest rate hedging products. Although the decision is in the context of the review procedure agreed between the FCA and banks, the decision is likely to apply to all PBRs, except formal 'consumer redress schemes' under s404 FSMA.
Read moreBarton succeeds in reducing betting ban
Joey Barton has succeeded in reducing the ban imposed on him by the FA Commission following breaches of FA Rules concerning betting – but he's still banned until 1 June 2018
Read moreCourt of Appeal distinguishes Target
In a recent decision the Court of Appeal1 distinguished Target and AIB on the applicable remedy arising out of a breach of trust in a commercial transaction.
Read moreContractors and Insurers beware - Contractor found to bear the risk of an incorrect standard as fitness for purpose prevails in the Supreme Court
This morning the Supreme Court handed down its much anticipated judgment in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another [2017] UKSC 59. The Judgment should be of concern to both contractors and their insurers.
Read moreGray – FTT allows appeal against discovery assessment as ITV correctly accounted for PAYE
In Gray v HMRC [2017] UKFTT 0275, the First-tier Tribunal (FTT) allowed the taxpayer's appeal against a discovery assessment in relation to a termination payment as there was no additional tax to assess in the relevant year and in any event the assessment was out of time.
Read moreNew corporate criminal offence
Failure to prevent the facilitation of tax evasion
Read moreNew corporate tax evasion offences – the clock is ticking!
Financial services firms should ensure they have in place appropriate policies and procedures as they prepare for the new corporate tax evasion offences.
Read moreRangers: Supreme Court confirms remuneration paid through EBT is subject to income tax
In RFC 2012 Plc (in liquidation) (formerly The Rangers Football Club Plc) v Advocate General for Scotland [2017] UKSC 45, the Supreme Court has held that remuneration payments made into an employees' remuneration trust were earnings for income tax and NICs purposes.
Read moreWho has to sign a s106 agreement?
The question of who needs to sign a s106 agreement can be a bone of contention between applicants and local planning authorities. Opposing views can risk planning consents being held up, or third parties challenging consents for failure to properly secure essential mitigation. So who, then, should sign planning agreements?
Read moreSpare parts and intellectual property: the distinction between "informative use" and "misleading use"
The Court of Appeal has allowed an appeal against a decision of the Intellectual Property Enterprise Court ("IPEC") that a repair company had not infringed certain BMW trade marks.
Read moreUsing VR in sports – virtual insanity or future reality?
Stoke City has become the latest Premier League club to announce that it will use virtual reality (VR) technology as a training tool for its goalkeepers.
Read moreIs it game over for ground rent?
Considering the recent Government proposals to change the rules on ground rent and how those proposals may affect developers.
Read moreTax update, August 2017
In this update we report on the Government’s intention to use the Finance Bill (No. 2) 2017 to retrospectively implement the policies dropped from the first Finance Act 2017; amendments to the new disguised remuneration provisions in the Income Tax (Earnings and Pensions) Act 2003; and the implementation of the guidance requirement under the Criminal Finances Act 2017
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