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Choose your words wisely: waiving privilege in witness evidence

Published on 27 October 2021. By Suera Hajzeri, Associate and Davina Given, Partner

In a cautionary tale for litigators, the High Court has ordered disclosure of privileged notes of a conversation after a witness referred to the conversation in his witness statement.(1)

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Buy Now Pay Later: What's coming down the line?

Published on 27 October 2021. By Whitney Simpson, Senior Associate

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As part of a series of RPC events held during London Tech Week, Whitney Simpson, Senior Associate in the RPC Corporate team hosted a breakout discussion alongside Jourdain Tambo, Regulatory Director at the Compliance Company and Rolf Merchant, Head of Public Affairs at Innovate Finance to discuss the rise of Buy Now Pay Later and upcoming what is in store for that market.

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Podcast

The World Bank

27 October 2021

The World Bak

In this episode, Jamieson Smith, Chief Suspension and Debarment Officer at the World Bank, joins Alice Kemp and Alex Haines, Barrister at Outer Temple Chambers, to discuss how this giant of international finance is fighting against the cancer of corruption in its mission to work in every major area of development.

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Podcast

The Global Fund

27 October 2021

The Global Fund

In this episode, Patricia Diaz Dennis, the Sanctions Panel Chair, and Philippe Dewilde, Senior Legal Counsel at the Global Fund, join Robert Waterson and Alice Kemp to discuss how this giant of international finance is fighting against the cancer of corruption in its mission to defeat HIV, TB and malaria and ensure a healthier, safer, more equitable future for all.

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Podcast

The Inter-American Development Bank

27 October 2021

The Inter-American Development Bank

In this episode, Juan Ronderos, the Sanctions Officer, and Samir Fahoum, the Principal Integrity Officer, at the Inter-American Development Bank join Alice Kemp and Alex Haines, Barrister at Outer Temple Chambers, to discuss how this giant of international finance is fighting against the cancer of corruption in its mission to improve lives in Latin America and the Caribbean.

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Podcast

The European Bank for Reconstruction & Development

27 October 2021

The European Bank for Reconstruction & Development

In this episode, Paul Kearney, Chief Counsel and Enforcement Commissioner, and Rohan Schaap, the Director of Investigations, at the European Bank for Reconstruction & Development, join Alice Kemp and Alex Haines, Barrister at Outer Temple Chambers, to discuss how this giant of international finance is fighting against the cancer of corruption in its mission to foster the transition towards open market-oriented economies and to promote private and entrepreneurial initiative.

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Podcast

The New Development Bank

27 October 2021

The New Development Bank

In this episode, Dr Srinivas Yanamandra, Chief of Compliance at the New Development Bank, joins Alice Kemp and John McKendrick QC, of Outer Temple Chamber, to discuss how this giant of international finance is fighting against the cancer of corruption in its mission to support infrastructure and sustainable development efforts in BRICS and other underserved, emerging economies for faster development through innovation and cutting-edge technology.

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Podcast

The Caribbean Development Bank

27 October 2021

Caribbean Development Bank

In this episode, Dr Toussant Boyce, Head of the Office of Integrity, Compliance and Accountability at the Caribbean Development Bank, joins Robert Waterson and Alice Kemp to discuss how this giant of international finance is fighting against the cancer of corruption in its mission to reduce poverty and transform lives through sustainable, resilient and inclusive development.

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Podcast

The Asian Infrastructure Investment Bank

27 October 2021

The Asian Infrastructure Investment Bank

In this episode, Jean-Marc Lafreniere, Head of the Integrity Function, and Hamid Sharif, Managing Director, at the Asian Infrastructure Investment Bank, join Robert Waterson and Alice Kemp to discuss how this giant of international finance is fighting against the cancer of corruption in its mission to build green infrastructure with sustainability, innovation and connectivity at its core.

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Podcast

The European Investment Bank

27 October 2021

The European Investment Bank

In this episode, Dominik Adamski, Head of the Fraud Detection Unit, and Mirela Lascu, a member of the Inspectorate General, at the European Investment Bank join Robert Waterson and Alice Kemp to discuss how this giant of international finance is fighting against the cancer of corruption in its mission to back the European Green Deal and make Europe carbon-neutral.

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Podcast

The Nordic Investment Bank

27 October 2021

The Nordic Investment Bank

In this episode, Mark Butler, Chief Compliance Officer at the Nordic Investment Bank, joins Alice Kemp and Alex Haines, Barrister at Outer Temple Chambers, to discuss how this giant of international finance is fighting against the cancer of corruption in its mission to finance projects that improve productivity and benefit the environment of the Nordic and Baltic countries.

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Blog

HMRC targets enablers of tax evasion

Published on 27 October 2021. By Michelle Sloane, Partner and Alice Kemp, Senior Associate (Employed Barrister)

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HMRC and the OECD are looking to tackle the rise of the professional enabler of tax evasion, but what is an enabler? And what does that mean for professionals?

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Podcast

Navigating your career: In conversation with Jack Bonehill

25 October 2021

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In this episode, we are delighted to be joined by fellow tax podcast host Jack Bonehill, the man behind the fantastic Tax Professionals Podcast series.

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Blog

The Week That Was - 22 October 2021

Published on 22 October 2021. By Ben Goodier, Partner and Sarah O'Callaghan, 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

Investigation and Disciplinary Action: Law and Practice in Hong Kong

Published on 22 October 2021. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

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Where an employer suspects its employee(s) has committed an act of misconduct, an employer should take reasonable steps to find out what has happened. The earlier an employer learns about the misconduct, the better. A proper investigation into the issue may give the employer a fighting chance of resolving it, addressing it and, even if it doesn't, might at least give the employer a defence to a future lawsuit.

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Publication

Sports Ticker (21 October 2021) - A women’s B&I Lions team, UKGC warning on Sorare, and the latest tech innovations

Published on 21 October 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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In a fortnight which has seen UEFA hand England a one-match Wembley Stadium ban for Euro 2020 final crowd trouble, Rory McIlroy dazzle at The CJ Cup and 18 EPL clubs vote to temporarily block certain related party transactions whilst considering future regulations on the issue, we feature the potential for a women's British and Irish Lions team, Google's new partnership with the NBA plus key developments at the interface of sports and technology.

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Blog

Access all areas? Privilege, the loss of confidentiality and a missed opportunity

Published on 21 October 2021. By Alexandra Shearer, Associate (Australian Qualified) and Jonathan Cary, Partner

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Privilege is not necessarily lost when an opposing party has had access to that privileged material. The purpose and context of the access will lie at the heart of the court's decision in the event that a claim to privilege is disputed: ConocoPhillips Co v Chrysaor E&P Ltd [2021](1).

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Vermilion Holdings – Court of Session confirms that the grant of a share option by an employer was not an employment related securities option

Published on 20 October 2021. By Rebekka Sandwell, Senior Associate

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In Vermilion Holdings Ltd v HMRC [2021] CSIH 45, the Court of Session overturned the decision of the Upper Tribunal (UT) and confirmed that an option granted by a company as part of a refinancing exercise was not an employment related securities option, for the purposes of section 471, Income Tax (Earnings and Pensions) Act 2003 (ITEPA).

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Blog

Welcome to the age of the virtual influencer

Published on 19 October 2021. By Ela Broderick-Basar, Associate

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Miquela de Sousa, aka Lil Miquela, is a 19-year old musician and model (having worked with the likes of Prada and Calvin Klein) and currently boasts an impressive 3 million Instagram followers. In 2018, The Times listed Lil Miquela as one of the 'Most Influential People on the Internet.' On the face of it, her profile reads like a dream for any brand looking to engage an influencer for marketing purposes. However, Lil Miquela is not actually real. Lil Miquela was one of the first of new online personalities that are completely controllable virtual influencers (complete with realistic characteristics features and personalities).

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Blog

FOS proposals to clear the back-log - attractive or not?

Published on 18 October 2021. By Cory Gilbert-Haworth, Associate and Rachael Healey, Partner

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The Financial Ombudsman Service (FOS) has proposed a temporary approach to the classification of certain complaints in an attempt to alleviate their complaints backlog exacerbated during the COVID-19 pandemic. The approach could see firms looking to pro-actively resolve complaints before a defined cut off date before FOS reaches a decision so that the complaint is recorded separately and not as a "change in outcome" (i.e. where a complaint has been rejected by a business and upheld by FOS). The consultation was open for a short two-week period between 4 and 18 October 2021.

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Blog

Carve-out deals: Preparation for separation

Published on 18 October 2021. By Jeremy Cunningham, Partner and Ella Shanks, Associate

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The value of UK carve-out deals is on the rise. Deal value increased by 182% to £30.8bn for the tax year 2020-21. Participants should be aware of the complex issues involved.

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Ho v Adelekun [2021]: Supreme Court decision on QOCS spells bad news for defendants and insurers

Published on 18 October 2021. By James Davies, Senior Associate

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META DESCRIPTION Think Search Engine Optimisation (SEO). Summarise your blog in 160 characters. Search engines such as Google, Yahoo, and Bing use the meta description as the search results description for that page. A review of the Supreme Court decision of Ho v Adelekun and the impact on QOCS and costs recovery for defendants and insurers.

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Blog

High Court refuses permission for unissued contempt application where breach of freezing order only technical

Published on 14 October 2021. By Andy McGregor, Head of Civil Fraud and Poppy St John, Associate

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In Pharmagona Limited v Taheri,(1) the High Court refused to seal and issue a contempt application as the breach, if it had occurred, was only technical, and it was therefore inappropriate for the application to succeed.

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Publication

Financial Crime Time - Your update from RPC: 2021 Q3

Published on 13 October 2021. By Adam Craggs, Partner and Michelle Sloane, Partner and Alice Kemp, Senior Associate (Employed Barrister)

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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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Turning the ratchet - understanding anti-dilution rights in venture capital

Published on 13 October 2021. By Peter Sugden, Partner

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In the third of a series of blogs aimed at demystifying common provisions found in venture capital term sheets (with the hope of accelerating the negotiation process between investors and founders), Peter Sugden looks at anti-dilution rights.

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Quarterly Contentious Tax Review

Published on 13 October 2021. By Robert Waterson, Partner and Constantine Christofi, Senior Associate

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The Tax Law Review Committee (TLRC) has published an in-depth review of the First-tier Tribunal (FTT), how it operates and why. In some respects, it is not working as well as it could for certain users. The review makes a number of positive recommendations, which we discuss below, together with two important developments concerning (1) the requirement for HMRC to initiate a formal enquiry and (2) HMRC's strategy on settling disputes relating to the use of historic tax avoidance arrangements.

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Blog

RPC Bites 38 – Green Claims Code gets the green light, McDonald's announces new plant-based products and EU to UK import controls delayed until 2022

Published on 12 October 2021. By Ciara Cullen, Partner and Ben Mark, Partner and Sarah Mountain, Senior Associate and Dani Barnes, Associate and Ellie Ward, Associate and Harpreet Kaur, Associate

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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

Sports Ticker (11 October 2021) - DAZN and BT Sport European Super League and new AJ deal

Published on 11 October 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

In a fortnight during which Tyson Fury retained his world title in an epic bout against Deontay Wilder, we feature Qatar joining the F1 circuit, AJ's new "career-long" deal with Matchroom, Excel Esports' exciting additions to its FIFA roster, and DAZN's potential bid for BT Sport.

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Blog

The Ads that can't be skipped

Published on 11 October 2021. By Tom James, Trainee Solicitor

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Product placement is an increasingly popular form of advertising in which goods are deliberately featured in a tv show, film etc. Whilst it used to be primarily confined to use in films such as Back to the Future (Nike), and ET (where Reese's Pieces were ET's favourite snack). Use of product placement is on the rise, and this summer Love Island was dubbed "the most commercialised show ever".

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Publication

Construction Contracts Part 1 – Who is party to the contract?

Published on 11 October 2021. By Paul Smylie, Associate and Alan Stone, Partner and Tom Green, Partner

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It may at first sight appear difficult to imagine a scenario where works are performed and paid for but it is not clear who the parties to the contract are. Common sense would suggest that is simply the person or company who performs the work and the person or company who pays for it. However, it is not always readily discernible who those parties are, for example because payment is being made by a person or company who is not obtaining the benefit of the works or because a different party appears to be giving directions under the contract.

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The Week That Was - 8th October 2021

Published on 08 October 2021. By Ben Goodier, Partner and Sarah O'Callaghan, 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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Navigating the hazards of Part 36 offers Part 2

Published on 08 October 2021. By Gavin Reese, Partner and Jonathan Drake, Senior Associate

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In our first article we looked at problems associated with settlement offers made in multiparty actions and settlement offers where the intended consequence is unclear. In this article we look at some of the issues that can be caused by the litigation process itself and upon the way the offer is made.

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Publication

International data transfers: time to update to the new standard contractual clauses

Published on 08 October 2021. By Rachel Davis, Head of People Operations & Projects and Jon Bartley, Partner

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Retailers which rely upon standard contractual clauses for transferring personal data outside of the European Economic Area (EEA) will need to update their agreements to the new SCCs.

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Publication

High Court reviews permission for expert reports and delay after general adjourned period

Published on 07 October 2021. By Antony Sassi, Managing Partner, Asia and Rebecca Wong, Senior Associate and Jennifer Leung, Associate

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In Redland Precast Concrete Products (China) Ltd v AES Steel Mould (Hong Kong) Ltd1 the Court of Appeal emphasised that it is unlikely to interfere with the exercise of a first instance court’s case management discretion regarding directions for expert reports, unless an applicant can show that the lower court’s decision is plainly wrong. This presents a party seeking to challenge such directions with a high threshold to overcome in order to obtain permission to appeal. In this case, the applicant (the plaintiff) was unable to meet the threshold – therefore, its application for permission to appeal was refused by the court. Had the plaintiff acted more expeditiously, immediately after the general adjourned period (when the courts were generally closed between January and May 2020 because of the pandemic), things may have turned out differently.

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Blog

Hong Kong's Legislative Council to consider Cancellation of MPF Offsetting

Published on 06 October 2021. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

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Under the Employment Ordinance, employers can offset long service payment or severance payment due to an employee against the employer's mandatory and voluntary contributions to the Mandatory Provident Fund (MPF), Hong Kong's pension system.

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Professional Game Match Officials - Court of Appeal sends football referees case back to the Tax Tribunal

Published on 06 October 2021. By Ben Roberts, Partner

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In HMRC v Professional Game Match Officials Limited [2021] EWCA Civ 1370, the Court of Appeal (CoA) held that the First-tier Tribunal (FTT) and Upper Tribunal (UT) both erred in law in their approaches to the question of 'mutuality of obligation' and upheld the UT's decision that the FTT had erred in its approach to the issue of control. The case has been sent back to the FTT to reconsider whether there was sufficient mutuality of obligation and control in the individual contracts for them to be contracts of employment.

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Podcast

How to create an insurer - the Inigo story (a podcast with Karen Graves)

05 October 2021

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Welcome to Insurance Covered. In this episode our guest is Karen Graves, Chief Operating Officer at Inigo Insurance and we will be discussing what goes into creating an insurer.

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Publication

CMA publishes guidance on environmental claims – how can retailers avoid greenwashing?

Published on 05 October 2021. By Sophie Tuson, Associate and Ciara Cullen, Partner

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Regulators are taking action in respect of ‘greenwashing’ to help protect consumers from misleading environmental claims. Following an investigation last year that found that 40% of green claims made online could be misleading, the Competition and Markets Authority (CMA) has published guidance to help businesses understand and comply with their consumer protection law obligations in order to avoid enforcement action. Based on six core ‘principles’, the guidance broadly restates the position under existing UK consumer law (particularly under the Consumer Protection from Unfair Trading Regulations 2008) and includes examples of what compliance might look like in practice for green claims. Following a two-month consultation period, the CMA published its final guidance on 20 September 2021 and will expect businesses to comply by January 2022. The CMA has said there will be no ‘grace period’ come January 2022 – this is because they will be applying existing law and, strictly speaking, businesses should already be complying with this.

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Publication

Tooth and claw?: The meaning of words in tax assessments

Published on 05 October 2021. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

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The concept of 'staleness' in the context of discovery assessments (assessments issued to taxpayers by HMRC outside of any statutory enquiry), gathered momentum following the Upper Tribunal’s decision in Charlton and others v HMRC [2011] UKFTT 467 (TC). As 'discovery' is only relevant to returns and tax years where HMRC has not opened a statutory enquiry, many commentators considered that the concept provided a degree of procedural fairness in the discovery assessment process, and that HMRC should not be permitted to delay issuing an assessment for a considerable period of time after making a discovery. As recently as February of this year, Judge Malek in the First-tier Tribunal (FTT) in Mehrban v HMRC [2021] UKFTT 53 (TC), noted that it was an “absurdity” to say that the concept of staleness does not exist.

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The Week That Was - 1 October 2021

Published on 01 October 2021. By Ben Goodier, Partner and Sarah O'Callaghan, 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

The Omnibus Directive – New EU consumer rights are on the way

Published on 01 October 2021. By Anna Greco, Associate and Oliver Bray, Senior Partner

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The EU has committed to improving consumer protection in a strategy sometimes labelled the “New Deal for Consumers”. As part of that strategy, the Enforcement and Modernisation Directive, also known as the Omnibus Directive (Directive) came into force on 7 January 2020. Member States have until 28 November 2021 to adopt the Directive, and until 28 May 2022 to bring it into force. The Directive expands the scope of existing consumer rights legislation applying to physical goods and services to also cover digital goods, content and services – and introduces GDPR-level fines for non-compliance.

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Blog

The rise of ESG finance

Published on 01 October 2021. By Sukh Ahark, Partner

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ESG (Environmental, Social and Governance) finance remains a hot topic and continues to grow rapidly, with Bloomberg predicting the $2.2 trillion ESG debt market to hit $11 trillion by 2025, based on the rate of growth during the past five years.

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Publication

V@ Update – September 2021

Published on 30 September 2021. By Adam Craggs, Partner and Rebekka Sandwell, Senior Associate

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Welcome to the September 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

DNAe Group Holdings – Higher R&D relief claims available

Published on 29 September 2021. By Constantine Christofi, Senior Associate

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In DNAe Group Holdings Ltd v HMRC [2021] TC/201804348, the First-tier Tribunal (FTT) held that 125% research and development (R&D) tax credits for an SME was available, despite the company being the strategic investment vehicle of a larger group.

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Blog

Navigating the hazards of Part 36 offers Part I

Published on 28 September 2021. By Gavin Reese, Partner and Jonathan Drake, Senior Associate

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Most claims seek money from other people. Although such claims might be for money owed for goods and services, or compensation for loss caused by breach of contract, or compensation for injury or damage to property or for defamation, the fundamental point of the claim is that the Claimant wants to be paid, and will agree to settle if sufficient money is offered.

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Publication

What if the CEO asks me... about ESG-linked financing facilities

Published on 28 September 2021. By Edward Colville, Legal Director and Sukh Ahark, Partner

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As focus moves from short term lockdown liquidity on to longer term financing needs, loan facilities linked to ESG and sustainability targets are back in the news.

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Publication

HMRC issues 'nudge' letters to non-doms for suspected unpaid tax

Published on 28 September 2021. By Adam Craggs, Partner and Harry Smith, Senior Associate

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HMRC is targeting wealthy UK tax residents claiming a non-UK domicile who may not have paid the remittance basis charge. HMRC has issued hundreds of 'nudge' letters to taxpayers encouraging them to reconsider their tax position.

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Balance on the board: Eight things UK PLCs need to know about the FCA's diversity targets

Published on 27 September 2021. By Karen Hendy, Head of Corporate and Connor Cahalane, Partner

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The Financial Conduct Authority's proposals will mean UK listed companies need to disclose whether their boards and senior management teams meet new gender and ethnic diversity targets.

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Podcast

Connecting the dots

27 September 2021

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In a world of increasing digitisation, globalisation and remote working, now more than ever taxpayers are starting to ask "how are HMRC going to find out?".

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Publication

Sports Ticker (24 September 2021) - RFU appoints Ilube as new chairman, ECB's new kit sponsorship deal and NFTs meet fantasy

Published on 24 September 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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