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RPC Bites #43 – Colin and Cuthbert - friends again? The ASA reprimands Oatly and Lipton Ice Tea over green claims and calorie labelling coming soon

Published on 10 February 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!!

Can Retail Bridge The Diversity Gap?

10 February 2022

Kelly Thomson joins the British Retail Consortium's Retail Radio podcast, to discuss diversity and inclusion in the workplace.

Proposed amendments the Employment Ordinance announced by the government on Tuesday, 8 February 2022

Published on 10 February 2022. By Andrea Randall, Partner and Lillian Wong, Associate

Unvaccinated persons will be banned from entering an additional six types of premises, namely shopping malls, department stores, religious venues, supermarkets, wet markets and hair salons under a "vaccine pass" scheme, which is to be launched later this month on 24 February 2022. From 24 February 2022 onwards, only persons who received at least the first dose will be allowed to enter regulated premises using the LeaveHomeSafe app and presenting their vaccination record.

Still Knot so Weedy: RICS issues new guidance on Japanese Knotweed following consultation

Published on 10 February 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner

The RICS has published its new guidance on Japanese Knotweed, following a period of consultation last summer.

Tribunal reduces scope of Schedule 36 Information Notices

Published on 09 February 2022. By Michelle Sloane, Partner

HMRC bears the burden of proof that the information requested to check a taxpayer's tax position, as set out in Schedule 36 information notices, is reasonably required and that records requested are statutory records.

Game over for hyperlinking sites, following Nintendo's recent blocking order success

Published on 08 February 2022. By Joshua Charalambous, Senior Associate and Abigail Gim, Paralegal

In a helpful and clear judgment from the IPEC, Nintendo has succeeded in obtaining a broad website blocking order, which includes websites that merely redirect, or link to, third party piracy websites. The decision represents an important win for Nintendo in its continuing efforts to curtail the spread of online piracy in the UK.

Health and Safety Bulletin – February 2022

Published on 08 February 2022. By Gavin Reese, Partner and Mamata Dutta, Legal Director and Bonar Whitlock, Trainee Solicitor

Welcome to this month's health and safety update. View the headlines below or click the pdf at the bottom of the page to read the full articles.

Is Cyber insurance in crisis? (a podcast with Tom Johansmeyer)

08 February 2022

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by returning guest Tom Johansmeyer, Head of Property Claims services at Verisk. In this episode they discuss and try to answer the following question: 'Is cyber insurance in crisis?'.

Hide and Seek: Limitation Periods in Competition Law Damages Claims

Published on 07 February 2022. By Lambros Kilaniotis, Partner and Chris Ross, Partner

The recent judgment in Gemalto v Infineon and Renesas put back into focus the duty of potential claimants in competition damages claims to reasonably investigate potential claims against cartelists when relevant facts emerge.

The Week That Was - 4 February 2022

Published on 04 February 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.

No knowing receipt claim where equitable interest is destroyed: Byers v Saudi National Bank

Published on 03 February 2022. By Emily Saffer, Associate and Simon Hart, Partner

The Court of Appeal has held that a claim in knowing receipt will fail if, at the moment of receipt, the beneficiary’s equitable proprietary interest is destroyed or overridden so that the recipient holds the property as beneficial owner.

Tax Bites - February 2022

Published on 03 February 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.

Case closed: Court of Appeal has no inherent jurisdiction to review decision by single Court of Appeal Judge refusing permission to appeal if refusal is 'arguably wrong'

Published on 03 February 2022. By Geraldine Elliott, Global Head of Commercial Disputes and Matthew Evans, Of Counsel

The Court of Appeal has confirmed that it has no inherent jurisdiction (outside Civil Procedure Rule.52.30 which applies in very limited circumstances) to reopen an appeal where a single judge has refused permission

How aware were you? High Court refuses to strike out fraudulent misrepresentation claim in VW 'Dieselgate' emissions

Published on 03 February 2022. By Jessica Davies, Associate and Jake Hardy, Partner

In Crossley and others v Volkswagen Aktiengesellschaft and others(1) the High Court refused to strike out or summarily dismiss the fraudulent misrepresentation claim brought by more than 86,000 vehicle owners against Volkswagen ("VW").

The scope of a valuer's duty post Manchester Building Society and Khan – the Privy Court's view

Published on 03 February 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner and Charles Underwood, Trainee Solicitor

In Charles B Lawrence & Associates v Intercommercial Bank Ltd (Trinidad and Tobago) [2021] UKPC 30 , the Privy Council was tasked with applying the reformulated "scope of duty principle" derived from Manchester Building Society and Khan to a valuer's negligence claim in which the title to the secured land was also defective.

White-collar crime and compliance predictions for 2022

Published on 03 February 2022. By Sam Tate, Partner and Kate Langley, Senior Associate

In a blink of an eye, we are moving into a new spring with a new set of challenges and opportunities facing businesses. Here are RPC's three white-collar crime and compliance predictions for 2022…

What if the CEO asks me about… avoiding greenwashing?

Published on 02 February 2022. By Ciara Cullen, Partner and Oliver Bray, Senior Partner and Sophie Tuson, Senior Associate

With consumers increasingly demanding greener and more sustainable products, retailers and consumer brands are busy innovating in an effort to reduce the environmental impact of their business, products and services.

Entrepreneurs' relief applied to disposal of business premises

Published on 02 February 2022. By Harry Smith, Senior Associate

Entrepreneurs' relief (now Business Asset Disposal Relief) applies to disposal of premises as part of long-term sale of business

SIPPs and FOS - does the Rowanmoor decision change anything?

Published on 02 February 2022. By Rachael Healey, Partner

Last week FOS published a decision it reached last year in a complaint against a SIPP provider involving advised sales. The FOS upheld the complaint, finding that the SIPP provider should have rejected business from the regulated financial adviser, CIB Life and Pensions Limited (CIB), given, broadly, red flags available to the SIPP provider with respect to the operation of CIB's business model including that CIB was not advising on the ultimate investment within the SIPP and as a result such introductions involved a significant risk of consumer detriment. The decision has received quite a bit of press attention - but has it moved the dial for SIPP complaints before FOS or not?

Scope of duty and recovery of losses

Published on 01 February 2022. By Ben Goodier, Partner

A structural engineering designer is not under any duty to avoid or prevent damage to the reputation of a developer.

Lawyers Covered - January 2022

31 January 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.

Lawyers Covered - January 2022

31 January 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.

Good faith does not go both ways

Published on 31 January 2022. By Tom Toulson, Senior Associate

It is common knowledge that solicitors owe fiduciary duties to their clients but what about the other way around? Do clients owe a duty of good faith to their solicitors (as an implied term of the retainer)?

Fire Risk Assessments - The latest developments

Published on 31 January 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner and Lucy Cadwallader, Associate

The British Standards Institution has published PAS 9980:2022, the new code of practice for fire risk appraisals of external wall construction and cladding of existing blocks of flats.

The Week That Was - 28 January 2022

Published on 28 January 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.

Sports Ticker (28 January 2022) - Premiership Rugby's ITV union, Southgate crypto nightmare and Microsoft esports deal - a speed-read of commercial updates from the sports world

Published on 28 January 2022. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate

In a fortnight which has seen Nick Kyrgios enjoy his home crowd at the Australian Open and Premier League stars light up the African Cup of Nations, we feature Microsoft's plans to acquire Activision Blizzard, the Premier League's pandemic postponement rules and ITV's broadcasting deal with Premiership Rugby. We also look at Southgate's crypto scam response, F1's sprint event stalemate and the Exeter Chiefs rebrand.

V@ Update – January 2022

Published on 27 January 2022. By Adam Craggs, Partner

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

Visa navigate the Amazon

Published on 27 January 2022. By Henry Priestley, Partner and Ellie Ward, Associate

Amazon recently halted its decision to stop accepting Visa credit card payments for UK customers on January 19th. The decision to prohibit the use of Visa credit cards was initially enacted due to a dispute that arose over payment fees levied by card issuers.

Cyber_Bytes - Issue 38

Published on 26 January 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

We are back following a short seasonal break and hope you enjoy this latest edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

Quinn – Taxpayer entitled to claim enhanced research and development relief

Published on 26 January 2022.

In Quinn (London) Ltd v HMRC [2021] UKFTT 0437 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal against HMRC's decision to refuse its claims for enhanced research and development relief (enhanced R&D relief), on the basis that the claimed expenditure was “subsidised” within the meaning of section 1138(1)(c), Corporation Tax Act 2009 (CTA 2009).

The Week That Was - 21 January 2022

Published on 21 January 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.

The Food, Beverage and Cosmetics Law Review: United Kingdom

Published on 20 January 2022. By Ciara Cullen, Partner and Ben Mark, Partner

RPC is excited to announce that the UK chapter of the very first Food, Beverage and Cosmetics Law Review has been published and is available to download.

A look at sustainable insurance (a podcast with Julian Richardson)

20 January 2022

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Julian Richardson, CEO of Parhelion Underwriting and our topic for this episode is sustainable insurance.

A look at sustainable insurance (a podcast with Julian Richardson)

20 January 2022

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Julian Richardson, CEO of Parhelion Underwriting and our topic for this episode is sustainable insurance.

High Court dismisses application for extension of limitation period on basis of fraud at summary judgment stage

Published on 20 January 2022. By Jake Hardy, Partner and Christopher Wheatley , Senior Associate

In Libyan Investment Authority v Credit Suisse International & Ors ([2021] EWHC 2684 (Comm), the Commercial Court granted summary judgment dismissing the Libyan Investment Authority's (LIA's) claims against Credit Suisse International (Credit Suisse) and others on the grounds that they were time-barred.

RPC Bites New Year Bumper Issue– M&S v Aldi (again), Bitcoin and pizza is not a welcome combo for the ASA and a green start to 2022 for Morrisons and McDonalds

Published on 19 January 2022. By Ciara Cullen, Partner and Ben Mark, Partner

Happy New Year and welcome to our New Year Bumper Edition of 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!

Minstrell Recruitment – HMRC not required to disclose the names of its officers involved in a Gross Payment Status revocation decision

Published on 19 January 2022. By Constantine Christofi, Senior Associate

In Minstrell Recruitment Ltd v HMRC [2021] UKFTT 0344 (TC), the First-tier Tribunal (FTT) held that HMRC need not disclose the names of the HMRC officers involved in making a gross payment status (GPS) revocation decision where that decision had been successfully appealed, for the purpose of determining whether HMRC had acted unreasonably in the conduct of that appeal.

National Security and Investment Act – is my transaction in scope?

Published on 18 January 2022. By Neil Brown, Partner

The National Security and Investment Act (the NSAI) came into force on 4 January 2022. This 2 minute read aims to give a short checklist of questions to help determine whether a transaction might be in scope of the NSAI.

Snapshots Winter 2021

Published on 17 January 2022. By Oliver Bray, Senior Partner

A roundup of key legal developments for the modern commercial lawyer.

RICS revised Rules of Conduct – coming soon

Published on 17 January 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner and Emrys Moore, Associate

The RICS's new Rules of Conduct are due to come into force on 2 February 2022. The rules combine the previously separate codes for individuals and firms in force since 2007 with the Global Professional and Ethical Principles from 2009, with the intention of providing a single, concise summary of all relevant principles, in order to allow RICS member firms and clients to understand what good professional practice looks like.

Hong Kong Employment: Settlement Agreements

Published on 17 January 2022. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

International news has recently been filled with talk about settlement agreements – in particular, a settlement agreement concerning Prince Andrew. How should a settlement agreement be prepared under the laws of Hong Kong? In this article, we will consider what should be included in a settlement agreement in the context of an employment relationship.

Apple’s changes in privacy settings results in Snap shareholder class action

17 January 2022

The Week That Was - 14 January 2022

Published on 14 January 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.

Sports Ticker (14 January 2022) - Djokovic's Australian visa row, Arsenal's ASA reprimand and Ferrari's NFT foray - a speed-read of commercial updates from the sports world

Published on 14 January 2022. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate

During a fortnight which has seen Peter "Snakebite" Wright secure his second victory at the PDC World Darts Championship, the Premier League obtain summary judgment against PPL in the Commercial Court and the Tampa Bay Buccaneers' Antonio Brown bizarrely exit the MetLife Stadium leading to the termination of his contract with the franchise, we feature the latest on Djokovic's Australian Open debacle, the passing off claim made against "The Good, the Bad and the Rugby" podcast and the salary cap investigation into Premiership Rugby league-leaders Leicester Tigers. We also take a look at Ferrari's foray into the ever-expanding NFT metaverse, the censorship of Arsenal's crypto adverts and the New York Times' acquisition of The Athletic.

RPC Insurtech in brief - January 2022

Published on 14 January 2022. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Lauren Murphy, Associate and Marsha Williamson, Senior Associate

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

Corporate tax update – January 2022

Published on 13 January 2022. By Ben Roberts, Partner

Welcome to the latest edition of our Corporate Tax Update, written by members of RPC's tax team. As this edition is the first of the New Year we hope that you, your family and friends had a restful and enjoyable end to 2021.

JTC - Escrow agreement set aside on basis of mistake

Published on 12 January 2022. By Harry Smith, Senior Associate

Rescission granted of pension arrangements with tax impact due to incorrect advice for temporary UK non-resident moving to UAE.

Annual Insurance Review 2022

10 January 2022

Welcome to RPC's 2022 annual insurance review – a look back at the events that shaped the insurance market in 2021 and a look forward towards what to expect in 2022.

Parametric innovation in travel insurance (a podcast with Carl Carter)

10 January 2022

Welcome to Season 3 of Insurance Covered, the podcast that covers everything insurance. In our first episode of the year Peter is joined by Carl Carter, UK Country CEO at CPP Group UK and our topic for this episode is parametric insurance and its applications in travel insurance.

Limitation Act 1980 s.32(1): whether a claimant could have discovered fraud with "reasonable diligence" extends to events prior to accrual of the cause of action

Published on 06 January 2022. By Carolin Ayres, Associate and Jonathan Cary, Partner

The High Court found that, when considering the postponement of the limitation period for the purposes of Section 32(1) of the Limitation Act 1980, the question of whether the claimant could have discovered the fraud with "reasonable diligence" extends to the period before the claimant suffered a loss.