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Outram – Tribunal prevents HMRC from relying on new argument

Published on 14 April 2021. By Constantine Christofi, Senior Associate

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In Outram and another v HMRC [2021] UKFTT 29 (TC) the First-tier Tribunal (FTT) prevented HMRC from relying on a new argument contained in its skeleton argument which had not been included in its statement of case.

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Podcast

Treating customers fairly

13 April 2021

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Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests. This episode we are joined by James Daley, founder of Fairer Finance, and we will be discussing the concept of treating customers fairly.

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Publication

Sports Ticker (12 April 2021) - British Cycling World Rugby and the Tokyo Olympics

Published on 13 April 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 bite­size updates from around the sports industry.

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Publication

What if the CEO asks me about... moving to a turnover rent model?

Published on 13 April 2021. By Elizabeth Alibhai, Partner and Simon Edwards, Partner

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On 10 March 2021 the Government announced that existing protections for tenants on non-payment of rent and against landlords' use of forfeiture and CRAR (the ability to sell a tenant's goods where rent is not paid) were to be extended until the end of June 2021.

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Blog

Court of Appeal upholds copyright infringement decision against digital radio aggregator

Published on 12 April 2021. By Alessandro Cerri, Associate

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The Court of Appeal has refused TuneIn's appeal of a 2019 judgment finding that it had infringed the copyright of Warner and Sony by linking to online radio stations.

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Blog

Court of Appeal upholds copyright infringement decision against digital radio aggregator

Published on 12 April 2021. By Alessandro Cerri, Associate

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The Court of Appeal has refused TuneIn's appeal of a 2019 judgment finding that it had infringed the copyright of Warner and Sony by linking to online radio stations.

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Publication

Financial Crime Time – Your Update from RPC: 2021 Q1

Published on 12 April 2021. By Adam Craggs, Partner and Michelle Sloane, Partner and Alice Kemp, Senior Associate

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Welcome to the latest edition of our round-up of news making the headlines in the world of financial crime and compliance. Our aim is to give you an easily digestible, bite-sized overview of issues that may affect your business.

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Blog

Reimbursement of Maternity Leave Pay Scheme in Hong Kong

Published on 12 April 2021. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

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Hong Kong's statutory maternity leave has been extended from 10 weeks to 14 weeks with effect from 11 December 2020. From 1 April 2021, the Hong Kong Government has started accepting applications to reimburse employers' payment in respect of the extended period of maternity leave.

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Publication

It's Cocoa, Jim, but not as we know it: Court's modern interpretation of underwriters' and brokers' duties #2 – The underwriters defence

Published on 09 April 2021. By Tim Bull, Partner and Matthew Wood, Senior Associate and Elizabeth Singleton, Associate (Australian Qualified)

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A modern show of the historic defence strategy at its worst, or should that be best? We'll let you decide.

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Blog

Cyber_Bytes - Issue 31

Published on 08 April 2021. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Associate and Christopher Ashton, Associate and Bethan Griffiths, Associate and Ridvan Canbilen, Associate and Alex Matheson, Associate

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Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

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Publication

Certainly Uncertain – The Material Uncertainty Clause

Published on 08 April 2021. By Victoria Paxton, Associate and Alexandra Anderson, Partner

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The circumstances related to the global COVID-19 pandemic have raised questions as to whether surveyors should include a declaration that the valuation is subject to material valuation uncertainty, highlighting that a greater degree of caution should be used when relying on it.

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Blog

A Lack of List of Issues for Disclosure is not a bar to specific disclosure under the Disclosure Pilot Scheme

Published on 08 April 2021. By Parham Kouchikali, Partner and Sinead Westaway, Associate

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The court can order specific disclosure under the Disclosure Pilot Scheme, even where there is no agreed or approved List of Issues for Disclosure HMRC v IGE USA Investments Ltd and Ors(1).

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Blog

New measures to eliminate plastic waste

Published on 07 April 2021. By Henry Priestley, Partner and Brendan Collar, Associate

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The government is set to introduce measures to further reduce the circulation of single-use plastics and encourage the use of recycled plastic. The measures are expected to influence all aspects of the retail supply chain and have a particular impact on the food and drink sector.

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Blog

RPC Insurtech in brief April 2021

Published on 07 April 2021. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Alex Matheson, Associate and Lauren Murphy, Associate

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

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Blog

Eastern Power Networks – Court of Appeal confirms that HMRC does not need to close its enquiries

Published on 07 April 2021. By Alexis Armitage, Associate

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In Eastern Power Networks plc and others v HMRC [2021] EWCA Civ 283, the Court of Appeal (CofA) has upheld the Upper Tribunal's (UT) decision that it was not appropriate to direct HMRC to issue closure notices.

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Blog

Expert determination of completion accounts and "manifest error"

Published on 06 April 2021. By Jenny Tran, Senior Associate

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The courts narrowly interpret what is a "manifest error" in the context of expert determination of completion accounts.

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Blog

Additions to FCA DB Transfer Guidance Published

Published on 06 April 2021. By Emma Murphy-O'Connor , Associate

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The FCA have published finalised guidance regarding defined benefit pension transfers. The latest publication amends and adds to the draft published in June 2020.

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Podcast

The Common Reporting Standard: An HMRC game changer?

06 April 2021

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With now over 100 countries signed up to the international information exchange known as the Common Reporting Standard (CRS), last year HMRC received 84 million details of bank accounts covering one in 10 UK citizens.

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Video

Financial CrimeCast: Osama Al Jayousi

Published on 06 April 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

Tax Bites - April 2021

Published on 01 April 2021. By Adam Craggs, Partner and Harry Smith, Senior Associate

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Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.

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Blog

RPC Bites #28 - Northern Ireland Protocol breakthrough extended, the future of Easter eggs and an environmentally friendly beer partnership

Published on 01 April 2021. By Ciara Cullen, Partner and Ben Mark, Partner

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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

Adams v Carey – where does the Court of Appeal's decision leave the SIPP market?

Published on 01 April 2021. By Rachael Healey, Partner and Ashley Daniells, Associate

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The Court of Appeal has today dismissed Mr Adams' appeal against Carey in respect of COBS 2.1.1R. However, the appeal in relation to s.27 FSMA has been upheld. We discuss the background to the proceedings, the Court of Appeal decision and where it takes the SIPP (and wider financial services) market.

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Blog

Company Top Guns may face HMRC investigation

Published on 01 April 2021. By James Wickes, Partner and Alison Clarke, Of Counsel

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HMRC clamping down on furlough fraud by companies in Danger Zone

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Blog

The Turnover Rent Condurum: Tips For Retailers

Published on 31 March 2021. By Jeremy Drew, Head of TMT and Karen Hendy, Head of Corporate

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Protections provided to commercial tenants under CIGA and the Coronavirus Act 2020 are due to end on 31 March 2021 and now, more than ever, landlords are having to explore the possibility of entering into non-standard leasing arrangements.

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Blog

Ball Europe - Accounting entry not included in tax return sufficient to preclude discovery assessment

Published on 30 March 2021. By Harry Smith, Senior Associate

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In Ball Europe Ltd v HMRC [2021] UKFTT 23 (TC), the First-tier Tribunal (FTT) has held that the presence of amounts in a taxpayer's accounts but not its tax return was sufficient for a 'hypothetical officer' of HMRC reasonably to be expected to be aware of a tax insufficiency and this prevented HMRC from issuing a valid discovery assessment

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Publication

It's Cocoa, Jim, but not as we know it: Court's modern interpretation of underwriters' and brokers' duties #1 - An overview of the case

Published on 30 March 2021. By Tim Bull, Partner and Matthew Wood, Senior Associate and Elizabeth Singleton, Associate (Australian Qualified)

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In this series of articles we take a look at the decision in ABN Amro Bank N.V. v Royal & Sun Alliance plc and 13 Underwriters and Edge Brokers (London) Limited. In this article we give an overview of the case. The remaining articles will focus on particular areas of the case, these will be: 1. Underwriters' duties 2. Brokers' duties 3.Witness evidence

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Publication

Time to hit the reset button

Published on 29 March 2021. By Simon Laird, Global Head of Insurance and Peter Mansfield, Partner

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The insurance industry is uniquely placed to confront issues, such as climate change, rather than simply picking up the pieces from disaster.

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Publication

Sports Ticker (26 Mar 2021) - Women's Super League, FIFA influencer advertising and the Six Nations

Published on 26 March 2021. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, 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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Blog

Life sciences and the Brexit trade agreement of Christmas Eve 2020

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

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As the nation prepared for muted Christmas celebrations at the end of last year, those in industry were able to feast on the Trade and Cooperation Agreement settled between the EU and UK on 24 December 2020 (the TCA). The TCA concluded months of uncertainty for the life sciences sector. Companies had been waiting to see how far the UK government would go in agreeing to follow EU standards concerning medicines and medical devices. By the time the EU and UK finally agreed the TCA, questions over life sciences regulations had rocketed up the agenda against a backdrop of vaccines and treatments developed to combat Covid-19.

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Publication

V@ update - March 2021

Published on 25 March 2021. By Adam Craggs, Partner and Rebekka Sandwell, Associate

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Welcome to the March 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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Publication

Spotlight on private wealth - March 2021

Published on 25 March 2021. By Adam Craggs, Partner and Geraldine Elliott, Global Head of Commercial Disputes and Davina Given, Partner and Emma West, Senior Associate

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Our quarterly update is designed to keep you up to speed with developments in the private wealth world.

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Publication

Asia: How staying-at-home has driven retail F&D collaborations

Published on 25 March 2021. By Jeremy Drew, Head of TMT and Karen Hendy, Head of Corporate

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Recent social unrest and the COVID-19 pandemic have accelerated the emergence of a new “stay-at-home economy” for groceries and fresh produce in Hong Kong.

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Blog

The long arm of HMRC

Published on 24 March 2021. By Adam Craggs, Partner and Alice Kemp, Senior Associate

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Adam Craggs and Alice Kemp outline the powers HMRC has at its disposal when conducting a criminal rather than civil investigation.

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Blog

Stamp Duty Holiday. Not a "holiday" for conveyancers.

Published on 24 March 2021. By Layla Todd, Associate

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In an attempt to prevent the housing market from stalling during the COVID 19 pandemic, a stamp duty holiday was announced for all residential purchases under £500,000 between 8 July 2020 and 31 March 2021.

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Blog

Need for reasonable enquiries upon receipt of potentially confidential information

Published on 24 March 2021. By Carolin Mester , Associate and Chris Ross, Partner

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The Court of Appeal recently held that a recipient of information will be bound by a duty of confidentiality if it was reasonable for them to have made enquiries as to the confidential nature of the information and they failed to do so (Travel Counsellors Ltd v Trailfinders Ltd [2021] EWCA Civ 38).

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Publication

Employment Law Changes in 2020 and What to Expect in 2021

Published on 24 March 2021. By Andrea Randall, Partner

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2020 has brought about a significant number of changes to working life in Hong Kong. In light of the protests and COVID-19, there has been a widespread adoption of working from home ("WFH"). In addition, there has been new legislation enhancing the statutory rights of employees. In this article, we provide a review of these changes in 2020 and set out what we are to expect in 2021.

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Blog

Quentin Skinner – shares sold by trusts not eligible for entrepreneurs' relief

Published on 24 March 2021. By Rebekka Sandwell, Associate

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In HMRC v The Quentin Skinner 2005 Settlement L and others [2021] UKUT 29 (TCC), the Upper Tribunal (UT) has held that, for the purposes of entrepreneurs' relief (ER) (now business asset disposal relief), section 169J(4), Taxation of Chargeable Gains Act 1992 (TCGA) requires a beneficiary to have been a qualifying beneficiary throughout a period of one year ending no earlier than three years before the date of disposal of settlement business assets by the trustees.

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Podcast

A look at the Zong Massacre

23 March 2021

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Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests. Our guest this week is Trevor Burnard and we will be discussing the most notorious insurance coverage case in history, Gregson v Gilbert also known as 'The Zong Massacre'. Trevor is the Wilberforce Professor of Slavery and Emancipation at the University of Hull and the Director of the Wilberforce Institute.

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Publication

Regulatory update - March 2021

Published on 22 March 2021. By Gavin Reese, Partner

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Welcome to the March edition of the Regulatory update, which pulls together recent developments from across the UK’s regulators – to help you navigate the regulatory maze.

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Podcast

The future of judicial reviews… and what it means for your business

22 March 2021

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Described by a previous guest on Taxing Matters as “the last bastion of the citizen against the Government", the importance of judicial reviews cannot be overstated.

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Blog

Insurance M&A and financing Q1 2021

Published on 22 March 2021. By James Mee, Partner

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This blog considers insurance M&A and financing trends over the past 12 months.

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FCA publishes finalised guidance for firms on the fair treatment of vulnerable customers

Published on 22 March 2021. By Claudia Schlossberger, Paralegal

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In February 2021, the FCA published guidance on the fair treatment of vulnerable customers with the aim of improving their customer experience.

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Blog

BEIS issues White Paper: D&O perspective

Published on 19 March 2021. By Simon Goldring, Partner and Cristina Faro, Associate

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The Department for Business Energy and Industrial Strategy (BEIS) has today released its White Paper, setting out its proposals for audit reforms and corporate governance, entitled "Restoring trust in audit and corporate governance".

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Video

Financial CrimeCast: Sue Scott

Published on 19 March 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.

Read more
Blog

RPC Bites #27 - Government 'anti-obesity deadlines' are near on impossible warn retailers and further red tape angst is on the cards for composite food products

Published on 18 March 2021. By Ciara Cullen, Partner and Ben Mark, Partner

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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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Publication

Coming to America: United States market entry tips

Published on 18 March 2021. By Jeremy Drew, Head of TMT and Karen Hendy, Head of Corporate

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Most global retailers have contemplated entering the United States market – possibly just because of the sheer scale of the market. American retailers rang up almost $5.5 trillion (£4.1 trillion) in sales in 2019. Plus, for luxury sellers, the US market makes up a huge portion of overall global sales. Additionally, the impact that American consumers have on worldwide traditional and social media is tremendous, which amplifies the value of their purchases of your products.

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Blog

Oh (no) Polly – clothing brand infringed the design rights of a direct competitor the High Court finds

Published on 17 March 2021. By Sarah Mountain, Senior Associate and Ellie Ward, Associate

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The High Court has held that G4K Fashion Limited, trading as 'Oh Polly', has infringed UK unregistered design rights (UKUDR) and community unregistered design rights (CUDR) owned by Original Beauty Technology Company Limited (Original Beauty) by copying several of its 'bodycon' and 'bandage' garments. Original Beauty was, however, unable to establish passing off.

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Publication

COVID-19 – Key vaccine considerations for employers

Published on 17 March 2021. By Andrea Randall, Partner

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There have been a number of articles which have considered Hong Kong employers' rights to direct their workforce to be tested and vaccinated against COVID-19. The general consensus amongst legal practitioners in Hong Kong is that there is no statutory right to direct an employee to undergo testing and vaccination.

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Blog

Atholl House Productions: BBC Presenter wins IR35 case

Published on 17 March 2021. By Constantine Christofi, Senior Associate

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In HMRC v Atholl House Productions Ltd [2021] UKUT 0037 (TCC), the Upper Tribunal (UT) held that IR35 did not apply to a presenter who provided services to the BBC through a personal service company.

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