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Reasonable endeavours? – Astor management AG v Atalaya Mining plc [2017] EWHC 425 (Comm)
When is an “all reasonable endeavours” obligation unenforceable?
Read moreContractual interpretation: Supreme Court decision on contractual interpretation – Wood v Capita Insurance Services Ltd [2017] UKSC 24
What is the current approach to contractual interpretation?
Read moreOnline platform B2B practices
European Commission set to legislate on trading practices of online platforms
Read moreTrademark infringement: Azumi Limited v Zuma's Choice Pet Products Ltd [2017] EWHC 609
Did the sale of pet food by reference to the "ZUMA" brand infringe the trade mark rights of a high end restaurant operating under the same brand?
Read moreASA: New CAP guidance on promotional T&Cs
How and when should promotion T&Cs be flagged to consumers?
Read moreThe march of the SARs: Dawson-Damer v Taylor Wessing LLP [2017] EWCA Civ 74; and Ittihadieh v 5-11 Cheyne Gardens & Ors and Deer v Oxford University [2017] EWCA Civ 121
When can legal professional privilege (LPP) be used to block a subject access request (SAR)? And when can the “disproportionate effort” exemption be used to block a SAR?
Read moreICO issues fines for emails seeking consent to marketing
The ICO has fined Flybe and Honda a total of £83,000 for emails sent to customers to obtain consent to future marketing messages.
Read moreWill robo-advice mean checkmate for human financial advisers?
With continuing advances in artificial intelligence and the rise in 'robo-advisers', is financial advice following in the footsteps of chess, where computers have long since outstripped humans in ability? Are human financial advisers nearing checkmate or is the endgame still unclear?
Read moreHealth and safety law update, June 2017
This issue includes details on The Sentencing Council publishing a new guideline for entering an early guilty plea, in addition to the most recent fines and sentences imposed on companies around the UK.
Read moreTackling the Problem of Fake News
It is widely believed that fake news has had an impact on some of the most controversial recent political decisions.
Read moreWhy the winner won't take it all in tomorrow's General Election
William Kark, RPC Trainee, considers the other key players - such as backbenchers, House of Lords, Gina Miller - in the General Election on 8 June 2017.
Read moreLightning in a Bot-tle – political conversation in the age of automation
Robots are responsible for one in eight tweets about the General Election.
Read moreChallenging Times - 5 Risks Following The Grant of Planning Permission
Developers and local authorities will be only too aware that third parties can challenge a grant of planning permission through the courts by way of a judicial review. An application for such a challenge is costly, and must be made quickly. Further, it can only be brought on limited grounds. Whilst this may offer a developer or local authority some comfort, it is worth being aware of some of the more common grounds of challenge so that steps can be taken to minimise the risk of these arising.
Read moreEBA encourages banks to pool their resources for cloud audits
The EBA has set out that banks are no longer required to provide their auditors (or themselves) with an independent right to audit their cloud service providers.
Read moreExemption clauses have teeth ‒ negotiate contracts carefully
The Court of Appeal has recently provided guidance on the application of the contra preferentum rule.
Read moreImpact of the EU’s distribution regime remains unclear
Intermediary market heading for change with Insurance Distribution Directive’s introduction
Read moreRendall - Tribunal reduces penalties imposed for failure to file a partnership return to nil
In Rendall v HMRC [2017] UKFTT 356 (TC), the First-tier Tribunal (FTT) has reduced penalties imposed on partners for failure to file a partnership return on time to nil as the requisite information had already been disclosed to HMRC in the partners' personal self-assessment returns.
Read moreThe Audio-Visual Media Services Directive
The proposed new AVMS Directive: key features and the impact of Brexit
Read moreOnline platform liability: Global web companies seek EU clarity on liability for user content fake news
Global web companies seek EU clarity on liability for user content/fake news
Read moreTax update, June 2017
In this update we report on the scope of the Criminal Finances Bill as it receives Royal Assent; HMRC guidance updates for businesses, individuals and agents on how to make disclosures of unpaid tax; and HMRC’s further consultation on Making Tax Digital.
Read moreFCA review of suitability finds big is best
Bigger, restricted firms scored better in the FCA's suitability review and so supervisory focus will be on smaller firms as the FCA plans a follow up review in 2019.
Read moreTager – Application to suspend penalties for failing to comply with information notices rejected
In HMRC v Romie Tager QC the Personal Representative of Osias Tager [2017] UKUT 161 (TCC), the Upper Tribunal (UT) refused an application that it should exercise its discretion under Rule 5(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (the Upper Tribunal Rules) and suspend the effect of its decision to impose tax-related penalties for failing to comply with information notices, pending an appeal to the Court of Appeal.
Read more欧州Ｍ＆Ａ最前線 2017年５月
市場とメディアは間もなく実施される英総選挙やトランプ米大統領提訴の可能性、先のサイバー攻撃の話題で持ち切りだが、英国では交渉中のＭ＆Ａ（企業の買収・合併）案件数が増えており、投資継続への意欲も高いように見える。これらの交渉の多くが実現するかは、時が経って初めて分かるだろう。
Read moreA Simple Twist of ATE
This blog considers the pitfalls of over-reliance on ATE cover and suggested solutions.
Read morePart VII transfers – through the FCA's microscope
Draft FCA guidance sheds light on its approach to Part VII insurance business transfers and aims to reduce the time and cost required to undertake a transfer.
Read moreVAT update, May 2017
In this month’s update we report on HMRC’s revised guidance on holding companies’ input VAT recovery, prelaunch trials for the online tribunal appeals service and draft legislation effecting the removal of the “use and enjoyment” rule for the supplies of B2C telecommunication services.
Read morePre-loading the pre-app?
Discussion on the planning pre-app process considering cost and time considerations and the benefits and concerns of going through this initial advice process.
Read moreCustoms and excise quarterly update, May 2017
In this update we report on the launch of the register of approved UK alcohol wholesalers, HMRC’s Customs Information Paper 5 (2017) (CIP 5), which clarifies the correct codes to use when sending free circulation goods to the special territories of the EU, and the new address for HMRC’s National Clearance Hub.
Read moreBCM – Tribunal grants taxpayers' application for closure notices
In BCM Cayman LP and others v HMRC [2017] UKFTT 0226 (TC), the First-tier Tribunal (FTT) directed HMRC to issue closure notices within specified time periods in respect of its enquiries into certain of the applicants' tax returns, pursuant to section 28B, Taxes Management Act 1970 (TMA) and paragraph 33, Schedule 18, Finance Act 1998 (FA 1998).
Read moreThe 21st Century Silk Road – China's Belt & Road Initiative
China's "One Belt, One Road" has attracted widespread attention in Asia since 2013. But what is it about? What are the opportunities ahead? And what should foreign investors be aware of?
Read moreCourt of Appeal overturns decision on confidentiality in Huntington’s case
The Court of Appeal ruled that clinicians treating a man with Huntington’s Disease (HD) may have owed a duty of care to disclose his condition to his daughter and that the case should be remitted for trial.
Read moreWealth and trusts quarterly digest
Our quarterly digest provides up to date commentary and analysis on key sector developments from our tax, wealth and trusts teams.
Read moreYou can't park there!
A summary of the May 2017 Court of Appeal decision in Khodari relating to whether parking permit restrictions can be secured in agreements made under s106 Town and Country Planning Act 1990.
Read moreABL – Tribunal dismisses HMRC's application to vary direction staying related cases
In ABL (Holding) Ltd and Tanias Properties Ltd v HMRC [2017] UKFTT 220 (TC), the First-tier Tribunal (FTT) dismissed HMRC's application to vary the FTT's direction staying over 100 related cases until the determination of the lead appellants' appeals by the Upper Tribunal (UT).
Read moreBarton bets big and loses: sanctions, mitigation and next steps
What is the appropriate sanction for breaching the prohibition on betting on football matches, and what effect will mitigating factors have on the sanction?
Read moreRestrictive Covenants: Public Policy v Legal Obligations
A commentary on the recent case of Millgate Developments v Smith concerning the breach of a restrictive covenant.
Read moreConveyancing liability
The perils of reports on title: Orientfield Holdings Limited v Bird & Bird
Read moreFCA examines blockchain technology in financial services in its new discussion paper
FCA discussion paper on distributed ledger technology and blockchain technology
Read moreCorporate crime – the new offence of failure to prevent tax evasion
At the end of April, the Criminal Finances Act 2017 was passed, bringing to life a new raft of measures aimed at increasing state powers to tackle financial crime. The rules are set to come into force in September 2017 and include new powers to obtain information, share knowledge and recover criminal property. Of most relevance to the professional community is the new power to prosecute corporate bodies whose agents or employees fail to prevent the facilitation of tax evasion carried out by another person, including customers and suppliers.
Read morePushing the (port) limits
The recent case of Navalmar UK Ltd v Kale Maden Hammaddeler Sanayi ve Ticaret AS [2017] EWHC 116 (Comm) essentially re-affirmed the principles set out in the well know case of The Joanna Oldendorff [1973] 2 Lloyd’s Rep 285, dealing with when a vessel was an arrived ship and what must be considered in deciding the limits of the port. However, as this case demonstrates, it remains a matter of fact as to whether a vessel is within the port limits or not.
Read moreBack to first principles: contractual intention
The High Court has denied a claim that €13.5m was due on the basis of an oral contract because there was no evidence of the parties' intention to create legal relations as well as a lack of certainty in relation to certain other fundamental terms which militated against the existence of a binding contract.
Read morePrivate Fund Limited Partnership
Welcome addition of a new investment funds vehicle
Read moreEIA – a new role for the planning system in considering the health impacts of development?
A summary of the EIA Regulations 2017 and the consideration as part of the planning application process of a proposed development's likely impacts on human health.
Read moreSupporting a mentally healthy workforce
In Mental Health Week Heather Rimmer considers how the workplace affects those struggling with their mental health and what businesses can do to help.
Read moreBudget 2017 Amendments to the QROPS Regime - a Further Breach of EU Law
Back in October 2013, I wrote an article for the Tax Journal (18 October 2013, The QROPS Regime and EU Law) in which I argued that the operation of the qualifying recognised overseas pension scheme (QROPS) system, introduced by Finance 2004, breached EU law and was unlawful. The recent changes introduced by the 2017 Budget not only preserve the inherent unlawfulness which has existed in the system since at least October 2008 but introduces a further breach of EU law rights. The background to the October 2013 article was my involvement in representing individuals who had transferred their UK pensions into a fund called ROSIIP.
Read moreA mutual break-up? – Old Mutual drops IT supplier IFDS
Old Mutual Wealth has ditched its IT supplier, International Financial Data Services, on £450 million platform project.
Read moreCorporate tax update, first quarter 2017
Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s Tax team and published quarterly. In this first 2017 edition we highlight some of the key tax developments of interest to UK corporates from the first quarter of 2017.
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