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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 and Rebekka Sandwell, Senior Associate

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

Untinted 4

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 Mester , 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 Jaleela Johnson, 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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Blog

Court of Appeal says no to purely factual appeals

Published on 12 May 2022. By Dan Wyatt, Partner and Sean Cannon, Associate

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.

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Publication

Corporate tax update - May 2022

Published on 11 May 2022. By Ben Roberts, Partner

Welcome to the latest edition of our Corporate Tax Update, written by members of RPC's tax team.

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Podcast

The Importance of Brand (with Ben Bolton)

11 May 2022

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.

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Blog

Tax Tribunal confirms documents sought by HMRC were legally privileged

Published on 11 May 2022. By Rebekka Sandwell, Senior Associate

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.

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Blog

Court of Appeal upholds the CAT's opt-out certification in Le Patourel v BT

Published on 10 May 2022. By Chris Ross, Partner and Lambros Kilaniotis, Partner and Leonia Chesterfield, Senior Associate

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.

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Blog

Climate-related financial disclosures: what companies and LLPs need to know about the UK's new mandatory rules

Published on 10 May 2022. By Kate O'Malley , Associate

The UK's new climate-related financial disclosures: mandatory requirements to come clean

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Blog

Covid rent arrears: get negotiating and don't leave arbitration too late

Published on 10 May 2022. By Eleanor Harley , Associate and Mike Kilner, Consultant

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.

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Publication

Cyber_Bytes - Issue 40

Published on 09 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 Ridvan Canbilen, Associate and Laura Thackeray, 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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Podcast

The Asset Tracing Investigator: Following the money

09 May 2022

Have you ever wondered what happens behind the scenes of an investigation?

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Publication

Take 10 - May 2022

Published on 09 May 2022. By Keith Mathieson, Partner

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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Publication

The Week That Was - 6 May 2022

Published on 06 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

Sports Ticker (06 May 2022) - W Series, an independent football regulator and broadcasting battles – a speed-read of commercial updates from the sports world

Published on 06 May 2022. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Jaleela Johnson, Associate and Joseph Akwaboa, Associate and Kate O'Malley , Associate

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.

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Blog

Obvious arithmetical error in damages calculation is sufficient for arbitral award to be set aside for procedural irregularity, finds High Court

Published on 06 May 2022. By Tatiana Minaeva, Partner and Fred Kuchlin, Senior Associate

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.

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Blog

Court of Appeal strikes out defences that funds' losses resulting from FX manipulation have been passed on to investors following redemption

Published on 06 May 2022. By Simon Hart, Partner and Christopher Wheatley , Senior Associate and Olivia Dhein, Professional Support Lawyer

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.

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Blog

How to comply with the FCA's new diversity and inclusion targets for listed companies

Published on 05 May 2022. By Connor Cahalane, Partner and Karen Hendy, Head of Corporate and Chloe Clapson, Trainee Solicitor

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.

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Publication

Tax Bites - May 2022

Published on 05 May 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

Changes made to top slicing relief held not to apply retrospectively

Published on 04 May 2022. By Constantine Christofi, Senior Associate

Changes introduced by Finance Act 2020 to top slicing relief are not retrospective in effect.

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Blog

Hong Kong – General adjournment of court proceedings ends with more guidance for remote hearings

Published on 04 May 2022. By Carmel Green, Partner and Jennifer Leung, Associate

Hong Kong's general adjournment of court proceedings ends with more guidance for remote hearings.

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Blog

FCA approach to Part VII transfers

Published on 03 May 2022. By Tyson Oladokun, Associate

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.

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Blog

A "golden age" of television? - Government announces overhaul of broadcasting legislation

Published on 29 April 2022. By Nadia Tymkiw, Associate

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.

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Publication

The Week That Was - 29 April 2022

Published on 29 April 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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