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Podcast

A look at embedded insurance (a podcast with Robin Merttens)

04 August 2021

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Welcome to Insurance Covered. In this episode we are looking at embedded insurance. Our guest is Robin Merttens, Co-Founder and Partner at InsTech London, and we will be discussing a recent report published by InsTech London on embedded insurance and its current uses.

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Blog

Walewski - Mixed partnership rules mean profit can be reallocated for whole period of account

Published on 04 August 2021. By Harry Smith, Senior Associate

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Corporate member tax planning ineffective as profits allocated to partner in partnership for period during which it was a partner under mixed partnership rules.

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Video

Financial CrimeCast: Robert Skillington-Smith

Published on 03 August 2021. By Sam Tate, Partner and Emily Pica, Associate (Australian Qualified)

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Welcome to Financial CrimeCast. In this series, the Centre for Legal Leadership, supported by RPC, talks to leaders in the field of financial crime, compliance and ethics. Guests discuss their career journey, what they have learnt along the way and the financial crime issues they see on the horizon.

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Publication

Current developments/trends in shareholder/ D&O claims in Europe

Published on 03 August 2021. By James Wickes, Partner

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Every country across the world is increasingly taking on more debt and this has only been intensified by the pandemic, resulting in an upsurge in claims. People and companies will seek to recover funds wherever they can.

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Snapshot

Snapshots - Summer 2021

Published on 02 August 2021. By Oliver Bray, Senior Partner

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

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UK government publishes draft Online Safety Bill

Published on 02 August 2021. By Oliver Bray, Senior Partner

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How could the Online Safety Bill (the Bill) affect online companies, in particular ‘big tech’?

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Snapshot

Sexualisation and objectification in advertising

02 August 2021

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Where does the ASA draw the line between “sexy” advertising and sexual objectification?

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Snapshot

Advertising cryptocurrencies – staying on the right side of the regulatory line

02 August 2021

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What are the key issues to be alive to when advertising cryptocurrencies and NFTs?

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Ofcom consults on advertising on video-sharing platforms

02 August 2021

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What measures are likely to be put in place on the advertising of video-sharing platforms (VSPs), like YouTube and TikTok?

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ASA research into racial and ethnic stereotyping in ads

02 August 2021

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To what extent do racial and ethnic stereotypes, when featured in ads, contribute to real world harms and how might this type of stereotyping be regulated in the future?

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Snapshot

How not to run an influencer prize promotion

02 August 2021

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If you’re an influencer with a substantial following, and you plan on running a free prize draw, how careful do you need to be in selecting the winner from the (likely) huge number of responses?

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Snapshot

#ad your advertising posts on social media

02 August 2021

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How much more reminding do influencers, and the brands working with them, need to ensure that all social media posts which advertise products or services are tagged with #ad?!

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Snapshot

UK gains adequacy for EU-UK data transfers, despite opposition from LIBE Committee

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What were the grounds of objection by the EU’s Civil Liberties, Justice and Home Affairs Committee (the LIBE Committee) to the EU’s decision to grant the UK adequacy for EU-UK data transfers?

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Snapshot

Data Sharing Code of Practice goes before UK Parliament

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What does the Data Sharing Code of Practice (the Code) mean for companies that deal with personal data?

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Snapshot

ICO fines American Express for blurring service emails with marketing emails

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What is the difference between service emails and marketing emails, and what happens if you get it wrong?

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Snapshot

EU Commission publishes final versions of its new Standard Contractual Clauses

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What is the impact of the new Standard Contractual Clauses (SCCs) on companies and data transfers?

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Snapshot

European Parliament asks European Commission for guidance post-Schrems II

Published on 02 August 2021. By Oliver Bray, Senior Partner

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Where next for Schrems II?

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Snapshot

First-tier Tribunal grants Ticketmaster stay of its appeal on an ICO fine pending a parallel group action

Published on 02 August 2021. By Oliver Bray, Senior Partner

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Can an appeal of an ICO fine be stayed pending the resolution of concurrent group action proceedings in the High Court?

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Publication

Statutory holidays in Hong Kong to increase to 17 days

Published on 02 August 2021. By Andrea Randall, Partner and Yuki Chiu, Associate

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All Hong Kong employees, under the Employment Ordinance, are entitled to 12 days of statutory holidays. Some are granted all 17 days of general holidays (which consist of all statutory holidays plus five days) by agreement, but most blue-collars are only given 12.

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Podcast

Lockdown, tax residency and the law of unintended consequences

02 August 2021

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In the latest episode of Taxing Matters, Nikita Cooper, a partner at Price Bailey discusses the effect COVID lockdowns have had on tax residency – and what the unintended consequences could be for you, your business and your employees.

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Snapshot

European Commission proposes new rules on AI

Published on 02 August 2021. By Oliver Bray, Senior Partner

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How will future EU regulations affect the development of artificial intelligence (AI)?

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European Commission looks to strengthen the Code of Practice on Disinformation

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What steps are being taken to strengthen the EU Code of Practice on Disinformation (the Code)?

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Snapshot

UK Law Commission launches call for evidence on digital and crypto assets

Published on 02 August 2021. By Oliver Bray, Senior Partner

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How ready is English law to accommodate emerging technologies, in particular digital assets?

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Snapshot

Facebook combats fake reviews following CMA pressure

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What does the CMA’s prompting of Facebook to take action over fake reviews signal to the online marketplace in terms of potential future action in this area?

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Snapshot

Court of Appeal holds that notice of tax covenant claim is valid, despite lack of detail

Published on 02 August 2021. By David Cran, Head of IP and Tech

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Dodika Ltd and others v United Luck Group Holdings Ltd [2021] EWCA Civ 638

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Snapshot

Courts reluctant to interpret standard entire agreement clauses to exclude misrepresentation claims

Published on 02 August 2021. By David Cran, Head of IP and Tech

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MDW Holdings Ltd v Norvill & Ors [2021] EWHC 1135 (Ch)

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Snapshot

High Court denies applicability of an exclusion clause due to convoluted terms and conditions

Published on 02 August 2021. By David Cran, Head of IP and Tech

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Green v Petfre (Gibraltar) Ltd (t/a Betfred) [2021] EWHC 842 (QB)

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Snapshot

Terms implied into a break right limited the capability to exercise the right

Published on 02 August 2021. By David Cran, Head of IP and Tech

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Wigan Borough Council v Scullindale Global Ltd and others [2021] EWHC 779 (Ch)

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Snapshot

High Court determines that an “unusual” and “exorbitant” exclusion clause in standard terms and conditions fails the UCTA reasonableness test

Published on 02 August 2021. By David Cran, Head of IP and Tech

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Phoenix Interior Design Ltd v Henley Homes Plc & Anor [2021] EWHC 1573 (QB)

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Snapshot

CMA to publish “greenwashing” guidance in Autumn 2021

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What measures will regulators introduce to prevent businesses from misleading consumers about their products’ “green” credentials?

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Snapshot

CMA targets anti-virus software companies on subscription auto-renewals

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What consumer rights concerns have the Competition and Markets Authority’s (CMA) recent enforcement actions raised, especially with regards to automatic subscription renewals?

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Snapshot

CMA continues consultation on potential harms caused by algorithms

Published on 02 August 2021. By Oliver Bray, Senior Partner

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What competition and consumer harms are the Competition and Markets Authority’s (CMA) finding in the operation of algorithms, and how is it seeking to address these?

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Standard exclusion clauses and liability caps interpreted without presumption even for fundamental or deliberate breach

Published on 02 August 2021. By David Cran, Head of IP and Tech

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Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC)

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Snapshot

Tackling the issue of “doxxing” in Hong Kong

Published on 02 August 2021. By Jonathan Crompton, Partner and Davina Turnbull, Senior Associate

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What legislative changes are being considered in Hong Kong to address the rise in doxxing cases and the resulting harm caused to the affected data subjects?

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Snapshot

Singapore High Court denies first-ever private action brought under the PDPA

Published on 02 August 2021. By Jonathan Crompton, Partner and Davina Turnbull, Senior Associate

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What is the definition of “loss or damage”, a threshold requirement which data subjects need to satisfy to pursue a right of private action under the Personal Data Protection Act 2021 (the PDPA)? Specifically, will emotional distress and/or loss of control over personal data suffered by data subjects fall within the definition of “loss or damage”?

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Publication

The Week That Was - 30 July 2021

Published on 30 July 2021. By Ben Goodier, Partner and Helen Thomas, Senior Associate

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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 (29 July 2021) - Premier League v Man City, Rugby League World Cup and F1 TikTok content - a speed-read of key commercial updates from the sports world

Published on 29 July 2021. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, Associate and Jaleela Johnson, Associate and Joseph Akwaboa, Associate

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Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

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Publication

Corporate Tax Update - July 2021

29 July 2021

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Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team. This month’s update reports on some of the key developments from May and June 2021. Included in this update are news of the historic G7 agreement as to plans for global tax reform, summaries of two cases on the required formalities for bringing contractual claims for breach of warranty and pursuant to a tax covenant, and news of another win for HMRC in an ‘IR35’ case. As ever we hope you, your family and friends are all staying safe and are enjoying the summer.

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Blog

The current state of service

Published on 29 July 2021. By Thomas McCall, Associate and Alan Williams, Partner

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Civil war, competing Governments and a dangerous environment. None of these factors ultimately swayed the UK Supreme Court on 25 June, which held that an English court cannot simply dispense with service of the claim form in proceedings against a State, however difficult service may seem.

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Publication

V@ update - July 2021

Published on 29 July 2021. By Adam Craggs, Partner and Rebekka Sandwell, Senior Associate

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Welcome to the July 2021 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.

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Blog

Solicitors' Undertakings: will the lacuna in the law undermine the smooth and efficient transaction of legal business

Published on 28 July 2021. By Laura Stocks, Partner and Tom Toulson, Senior Associate

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Solicitors undertakings are a vital tool in legal practice to ensure the smooth running of litigation and transactional matters.

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Blog

Avonside Roofing – Tax Tribunal sets aside Schedule 36 information notice

Published on 28 July 2021. By Rebekka Sandwell, Senior Associate

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In Avonside Roofing Ltd v HMRC [2021] UKFTT 158 (TC), the First-tier Tribunal (FTT) set aside an information notice issued under paragraph 1, Schedule 36, Finance Act 2008 (the Notice), on the basis that the information and documents requested by HMRC were not reasonably required for the purpose of checking the recipient's tax position.

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Blog

The Forfeiture Moratorium has been extended – But what about the arrears?

Published on 26 July 2021. By Mike Kilner, Consultant

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On 16 June 2021 the Government announced that it is drafting legislation to ringfence outstanding unpaid rent that has accrued during the pandemic in order to protect jobs and give businesses breathing space to recover.

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Blog

The government responds to Cumberlege - What now for product liability risks in the life sciences sector?

Published on 26 July 2021. By Peter Rudd-Clarke, Legal Director

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The government has accepted most of Baroness Cumberlege's recommendations, with long term implications for litigation concerning medicines and medical devices.

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Blog

Rocha-Afodu v SRA – the regulator's powers over solicitors' private lives are examined again

Published on 26 July 2021. By Graham Reid, Partner and Charlotte Thompson, Associate

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If the boundary between a solicitor's professional and private lives were ever to be mapped, it would probably look like the coastline of Norway - infinitely complex, jagged and largely rocky. The da Rocha-Afodu v SRA decision ([2021] EWHC 1666 (Ch)) is another Divisional Court case exploring this difficult terrain, following upon that of Beckwith v SRA [2020] EWHC 3231 (Admin).

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Publication

Redundancy in Hong Kong – Payments and notification obligations

23 July 2021

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In the last of this series, we consider the standard payments owed to an employee on termination as well as employers' notification obligations to government entities in Hong Kong on the cessation of employment.

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Publication

The Week That Was - 23 July 2021

Published on 23 July 2021. By Ben Goodier, Partner and Helen Thomas, Senior Associate

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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

Goodwill, Bad Faith and Brotherly Luv: Court of Appeal finds "special circumstances" to allow defence to Passing Off claim

Published on 22 July 2021. By Henry Priestley, Partner and Ben Harris, Associate

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In a dispute between two half-brothers regarding the ownership of a music group name, the Court of Appeal (CoA) found "special circumstances" to permit arguments that would ordinarily be barred through estoppel.

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Podcast

How behavioural science can help insurers (a podcast with Ella Morrison)

21 July 2021

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Welcome to Insurance Covered. In this episode we discuss the role behavioural science can and does have in the insurance industry. Our guest is Ella Morrison, Senior Behavioural Designer at Cowry Consulting.

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Blog

Siddiqui - No proper ground for setting aside summons in private prosecution

Published on 21 July 2021. By Adam Craggs, Partner

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Private prosecution not to be quashed due to failure to disclose settlement agreement.

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