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Publication

The Week That Was - 5 August 2022

Published on 05 August 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, 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

Tax Bites - August 2022

Published on 04 August 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

"Specifically mentioned": High Court clarifies rules about documents referred to in evidence under the Disclosure Pilot

Published on 03 August 2022. By Connie O'Conor , Associate and Matthew Evans, Of Counsel

In a judgment that has recently become publicly available (Michael Wilson and Partners Ltd v Emmott and others [2022] EWHC 730 (Comm)) the High Court rejected the claimant's request for disclosure of documents referred to in a witness statement which were "bound to exist". In doing so, the court re-emphasised the importance of clarity and specificity in relation to requests for disclosure.

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Blog

You've been airdropped: English court approves service by NFT and finds it arguable that cryptocurrency-exchanges hold misappropriated assets as constructive trustees

Published on 03 August 2022. By Dan Wyatt, Partner and Christopher Whitehouse, Senior Associate and Becky Baker , Trainee Solicitor

In D’Aloia v (1) Persons Unknown (2) Binance Holdings Limited & Others [2022] EWHC 1723 (Ch), the English court approved service of proceedings by NFT and found that it was arguable that cryptocurrency exchanges owed constructive trustee duties to cyber-fraud victims.

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Blog

Tribunal confirms discovery assessment was invalid as enquiry window was still open

Published on 03 August 2022. By Alexis Armitage, Associate

Tribunal allows taxpayer's appeal confirming that a discovery assessment raised under section 29 Taxes Management Act 1970, was invalid as the enquiry window was still open.

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Publication

Cyber_Bytes - Issue 43

Published on 02 August 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 Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

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

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Blog

Stream on! CMA halts plans to investigate music streaming market

Published on 02 August 2022. By Binta Balogun, Trainee and Marlon Cohen, Senior Associate

The UK's Competition & Markets Authority recently published its interim report on the music streaming market, prompting mixed responses from the music industry. Record labels, publishers and streaming providers appear generally pleased with the findings, but various artists, musicians, songwriters and managers say they believe it has underdelivered.

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Podcast

An insurance tour of London (With Paul Miller & Joe Powell)

02 August 2022

Welcome to Insurance Covered, the podcast that covers everything insurance. In this special episode Peter is joined by 2 guests, Paul Miller of HFG Recruitment for his third appearance on the podcast and Joe Powell, Insurance Covered super fan and title insurance underwriter based in Alabama. In this episode they will be going on a walking insurance tour of London.

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Publication

Cyber Incident Reporting Obligations for Hong Kong Licensed Financial Services Companies

Published on 02 August 2022. By Jonathan Crompton, Partner and Flora Leung, Associate

The number of cyber-attacks is on the rise. In particular, financial services companies have been identified as key targets for threat actors in the Q2 of 2022.

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Blog

Back to basics on contract interpretation as Court of Appeal finds that natural meaning of settlement agreement prevails

Published on 01 August 2022. By Suera Hajzeri, Associate and Daniel Hemming, Partner

In Schofield & Anor v Smith & Anor [2022] EWCA Civ 824, the Court of Appeal dismissed the appeals of a group of companies, finding that a settlement agreement entered into between the group companies and their bank released the companies' former administrators and their solicitors from all relevant claims, even though the settlement agreement had been agreed without the involvement of the administrators, and after the administration of the group companies had been concluded.

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Publication

Take 10 - August 2022

Published on 01 August 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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Publication

Sports Ticker: CMA's probe into broadcasts, rugby class action and latest sportswear partnerships – a speed-read of commercial updates from the sports world

Published on 29 July 2022. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Kate O'Malley , Associate and Joseph Akwaboa, Associate

In a fortnight which saw Cameron Smith win the 150th Open and various investigations into allegations of anti-competitive practices across the sports world (including an antitrust investigation into the PGA Tour concerning its response to LIV Golf), we feature updates on Castore's first female ambassador deal, rugby players' class action lawsuit and highlight the record-breaking attendance and viewership records of this year's UEFA's Women's Euros. As always, if there are any issues on which you'd like more information (or if you have any questions or feedback), please do let us know or get in touch with your usual contact at RPC.

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Publication

RPC Insurtech in brief - July 2022

Published on 29 July 2022. By Neil Brown, Partner and William Hogarth, Partner and Lauren Murphy, Associate and Marsha Williamson, Senior Associate

Welcome to the July 2022 edition of Insurtech in Brief – a selection of the latest Insurtech news and developments from across the globe.

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Publication

RPC Bites #49 – Kellogg's HFSS legal action fails, Ellie Goulding's seltzer falls foul of ASA rules and is the 'alcohol free' threshold about to change

Published on 29 July 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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Publication

The Week That Was - 29 July 2022

Published on 29 July 2022. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Zoe Eastell, Partner and Felicity Strong, 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

HMRC investigating hundreds of UK customers of Puerto Rico-based Euro Pacific Bank

Published on 29 July 2022. By Adam Craggs, Partner and Alice Kemp, Senior Associate (Employed Barrister)

HMRC investigating hundreds of UK customers of Puerto Rico-based Euro Pacific Bank.

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Publication

The Professional Negligence Law Review, Edition 5

Published on 29 July 2022. By Nick Bird, Partner

The Professional Negligence Law Review provides an indispensable global overview of the law and practice of professional liability and regulation. It covers the fundamental principles of professional negligence law in each jurisdiction, including obligations, fora, dispute resolution mechanisms, remedies and time bars. The authors then review factors specific to the main professions and conclude with an outline of recent developments and issues to look out for in the year ahead.

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Publication

Lawyers Covered - July 2022

Published on 28 July 2022. By Claire Revell, Partner and Carmel Green, Partner and Aimee Talbot, Senior Associate and Stacey Davies, 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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Blog

Municipio de Mariana-v-BHP – the evolution of environmental group litigation in the English courts

Published on 28 July 2022. By Marcela Calife Marotti, Associate and Lucy Dyson , Partner

Earlier this month, the Court of Appeal handed down its much-awaited decision in Municipio de Mariana -v- BHP . This was an appeal by over 200,000 Brazilian claimants seeking to overturn the High Court's dismissal of £5bn group claims against BHP (England and Australia), in relation to damage arising from the 2015 Fundao dam collapse and worst environmental disaster in Brazil's history. The cases are now able to proceed in the English courts against BHP England and BHP Australia (causes of action under Brazilian law, including strict liability as an indirect polluter and fault based civil liability).

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Publication

V@ update - July 2022

Published on 28 July 2022. By Adam Craggs, Partner and Harry Smith, Senior Associate

Welcome to the July 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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Blog

Court of Appeal finds that damages-based agreements are not available to defendants

Published on 27 July 2022. By Simon Hart, Partner and Alastair Hall, Associate

The Court of Appeal has found that damages-based agreements (DBAs) are not available to non-counterclaiming defendants (Candey Ltd v Tonstate Group Ltd & Ors). [2022] EWCA Civ 936. In reaching this conclusion, the court held that agreements between legal representatives and defendant clients, which provide for payment to the legal representative of a percentage of sums that the client has resisted paying to its opponent (and where the client received no financial benefit from its opponent), were unlawful and unenforceable.

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Publication

Financial Services Litigation Hong Kong Chapter

Published on 27 July 2022. By Jonathan Crompton, Partner and Lillian Wong, Associate

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Blog

Agent was careless notwithstanding white space disclosure

Published on 27 July 2022. By Constantine Christofi, Senior Associate

White space disclosure on tax returns not a defence against claim of carelessness, as FTT upholds discovery assessments.

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Blog

Double warning for legal professionals: do not cut corners with disclosure

Published on 26 July 2022. By Stacey Davies, Associate

Further to a recent decision made by the Bar Tribunals and Adjudication Service, the Bar Standards Board has suspended a "top criminal silk" from practice on grounds of professional misconduct in respect of his failure to disclose material evidence during criminal proceedings in 2007. The decision, and the judgment made by the Court of Appeal in those proceedings, reiterates the importance of the ongoing obligation on legal professionals to give disclosure and comply with their duties to the court.

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Publication

PLC QTRLY - Q2 2022

Published on 26 July 2022. By Connor Cahalane, Partner

This is our regular quarterly update to help our listed company clients and other market participants keep up to date with key developments relevant to issuers on the Main Market and AIM market of the London Stock Exchange.

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Publication

Product law bulletin – July 2022

Published on 26 July 2022. By Gavin Reese, Partner and Mamata Dutta, Legal Director and Elinor Sidwell, Associate and Andrew Martin, Associate and Bonar Whitlock, Trainee Solicitor

Welcome to the latest edition of our product law bulletin, this month we focus on: • New guidance published for market safety and product recalls, • Plans from the government to ease UKCA marking transition • OPSS's final report on their Study on the Impact of Artificial Intelligence on Product Safety • Self-driving cars given the green light • Allergen update: Natasha Trial to treat people living with food allergies • FSA issue a final call for CBD products to be add to the public list

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Publication

Banking and financial litigation markets update - Summer 2022

Published on 25 July 2022. By Carolin Ayres, Associate and Lucy Baughan, Associate and Jonathan Cary, Partner and Jessica Davies, Associate and Olivia Dhein, Professional Support Lawyer and Jake Hardy, Partner and Simon Hart, Partner and Charlotte Henschen (née Ducker), Partner and Tom Hibbert, Global Head of Commercial Disputes and Tim Potts, Senior Associate and Anna Riquetti, Associate and Chris Ross, Partner and Emily Saffer, Associate and Poppy St John, Associate and Christopher Wheatley , Senior Associate and Alan Williams, Partner

In this overview we look at some of the most important judgments in recent months in the area of banking and financial markets litigation.

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Publication

The Week That Was - 22 July 2022

Published on 22 July 2022. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Zoe Eastell, Partner and Felicity Strong, 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

Is the FCA to blame for BSPS? MPs seem to think so

Published on 22 July 2022. By Rachael Healey, Partner

The House of Commons Public Accounts Committee (PAC) yesterday published a report entitled "Investigation into the British Steel Pension Scheme". The report makes a number of recommendations in light of its investigations in to the FCA's conduct and regulatory oversight at the time of the issues arising from the British Steel Pension Scheme (BSPS) and in particular the decision by 7,834 members to transfer to a personal pension arrangement. The report is heavily critical of the FCA's handling of BSPS and its regulatory oversight of the defined benefit transfer market generally. Given the request in the report for an update from the FCA on its progress on the various recommendations and conclusions in 6 months' time, we wait to see how the FCA reacts to yet further criticism of its handling of BSPS at a time when it is reviewing responses to the consumer redress scheme consultation.

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Blog

High Court holds litigation funder liable for costs that pre-dated funding agreement

Published on 22 July 2022. By Chris Ross, Partner and Jodie Gittins, Senior Associate

The Commercial Court has held a litigation funder to be jointly and severally liable for the defendants' costs from a date prior to the litigation funding agreement and despite the involvement of other funders in The ECU Group plc v HSBC Bank Plc & ors [2022] EWHC 1616 (Comm).

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Blog

Parliamentary Group urges UK government to help musicians and crew tour Europe more easily

Published on 21 July 2022. By Marlon Cohen, Senior Associate

The All-Parliamentary Group on Music (a cross-party group of more than 100 MPS and Peers) together with representatives from the music industry set out the urgent steps the Government needs to take to help UK musicians following Brexit.

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Blog

The Summer of ‘Pre-Love’: Has Fast Fashion been Dumped by the British Public?

Published on 20 July 2022. By Ela Broderick-Basar, Associate

ITV’s Love Island is back on our screens, officially marking the British summer. This year the show is dumping fast fashion and ‘coupling up’ with its first-ever second-hand clothing sponsor, eBay, with contestants now donning pre-loved pieces sourced from the resale platform.

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Blog

HMRC fails to discharge burden of proof in appeal against personal liability notices

Published on 20 July 2022. By Harry Smith, Senior Associate

Taxpayer win in case where MTIC fraud alleged in relation to zero-rating of supplies for VAT.

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Blog

The subscription business model - a lockdown trend or here to stay?

Published on 19 July 2022. By Ella Ennos-Dann, Trainee

Demand for online shopping skyrocketed during the pandemic, with online shopping sales in the UK rising by 48%. Whilst consumers were forced to stay at home, many were left with time to fill and a desire to find entertainment from the comfort of their lockdown abodes. At the same time, retailers and other hard-hit industries, such as restaurants, found that they needed to diversify in order to make an income whilst they were closed.

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Blog

Tips for approaching innovations using consumer data

Published on 19 July 2022. By Jon Bartley, Partner and Amy Blackburn, Associate

Now more than ever, retailers are faced with a wide array of opportunities to use customer data to achieve their commercial objectives. By spotting and assessing key risks early, organisations will be better equipped to avoid breaches of data protection law that may lead to costly fines or claims, failed projects and reputational damage.

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Publication

Changes to data protection legislation in Asia – 2022 update (including Mainland China)

Published on 19 July 2022. By Jonathan Crompton, Partner and Yuankai Lin, Partner and Sakshi Buttoo, Registered Foreign Lawyer and Sumyutha Sivamani , Senior Associate

Looking back on the last 18 months, the data privacy laws of several Asian jurisdictions have been updated to incorporate stronger protections for individuals’ personal data. This article provides an update on a handful of jurisdictions in Asia and summarises some of those main changes, including the far-reaching implications of the new data protection law in Mainland China.

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Podcast

The Month That Was – June 2022 – Restoring trust in audit and corporate governance

18 July 2022

Money Covered Podcast by RPC

Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.

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Blog

Commercial Court dismisses ECU claims against HSBC entities due to limitation

Published on 18 July 2022. By Simon Hart, Partner and Jake Hardy, Partner and Anna Riquetti, Associate

The Commercial Court has provided a timely reminder of the importance of limitation periods, along with the application of the law of causation in the context of claims that relate to foreign exchange markets.

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Publication

The Week That Was - 15 July 2022

Published on 15 July 2022. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Zoe Eastell, Partner and Felicity Strong, 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: F1's global exhibition, football executives walk free and Wimbledon's Official Stringer- a speed-read of commercial updates from the sports world

Published on 14 July 2022. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Kate O'Malley , Associate and Joseph Akwaboa, Associate

In a fortnight which saw Novak Djokovic win a fourth consecutive Wimbledon title, McLaren strike a multi-year deal with footwear brand K-Swiss from 2023, and Sky Sports secure rights to show the Joshua v Usyk rematch, we feature updates on Formula 1's latest fan attraction and engagement strategy, Spurs' new streaming platform, and the latest on the corruption trials of Sepp Blatter and Michel Platini. As always, if there are any issues on which you'd like more information (or if you have any questions or feedback), please do let us know or get in touch with your usual contact at RPC.

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Publication

Spotlight on Private Wealth - July 2022

Published on 14 July 2022. By Adam Craggs, Partner and Geraldine Elliott, Global Head of Commercial Disputes

Welcome to Spotlight on Private Wealth. This update is designed to keep you up to speed with developments in the private wealth world. In this edition we explore everything from tax gifts to the meaning of knowledge.

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Blog

Commercial Court applies "utility" approach to declarations in Italian local authority swaps case (Deutsche Bank v Comune Di Busto Arsizio)

Published on 13 July 2022. By Jake Hardy, Partner and Olivia Dhein, Professional Support Lawyer

Following on from a decision that an Italian local authority did not lack capacity to enter into a mirror swap and interest rate swap concluded with Deutsche Bank AG London (the Bank), the Commercial Court granted some of the declarations the Bank sought, which mostly tracked express contractual representations or terms of the transactions. The court also refused permission to appeal sought by the local authority, a stay of proceedings sought by the Bank and ordered the local authority to pay all costs (Deutsche Bank AG London v Comune Di Busto Arsizio).

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Blog

First judgment obtained in proceedings brought by a cryptocurrency exchange in the English Courts

Published on 13 July 2022. By Christopher Whitehouse, Senior Associate and Jonathan Cary, Partner

In HDR v Shulev and Nexo [2022] EWHC 1685 (Comm), HDR (represented by RPC), which operates the cryptocurrency exchange BitMEX, initiated stakeholder proceedings under CPR Part 86 to resolve a dispute between two rival parties claiming control, and ownership of the contents, of a trading account.

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Blog

Tribunal finds taxpayer was non-UK resident despite exceeding the permitted days due to 'exceptional circumstances'

Published on 13 July 2022. By Alexis Armitage, Associate

The First-tier Tribunal held that a taxpayer was non-UK resident, despite exceeding the permitted days, due to exceptional circumstances which included the moral obligation to come to the UK to care for a relative and their young children.

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Blog

Japan and ESG-focused M&A

Published on 12 July 2022. By Nigel Collins, Partner, Head of Japan Desk

ESG has become a hot topic in the Corporate world and is now a priority for many corporates.

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Podcast

The role of the modern MGA (with Richard Clapham)

12 July 2022

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Richard Clapham, CEO of DUAL, and together they discuss the role of the modern MGA.

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Publication

Take 10 - July 2022

Published on 08 July 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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Publication

The Week That Was - 8 July 2022

Published on 08 July 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, 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

Competing subordinated debts – the lessons learnt from Lehmans' insolvency

Published on 08 July 2022. By Suzan Kurdi, Senior Associate and Jake Hardy, Partner

Some 13 years ago, Lehman Brothers' sudden and unexpected insolvency sent ripples across the banking and financial services market, some of which are still felt today. The Court of Appeal's decision in the consolidated cases of Lehman Brothers Holdings Scottish LP 3 v Lehman Brothers Holdings plc (in administration) and others [2021] EWCA Civ 1523 was the latest in a long line of cases seeking to unwind the issues arising from Lehman Brothers' unexpected collapse.

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Publication

Money Mirror Issue 2  - July 2022

08 July 2022

Welcome to Money Mirror, RPC's new Payments & Consumer Credit publication. In our 2n edition, we take a look at the Payment Systems Regulator's first competition infringement decision, consumer credit financial promotions, the latest in Buy Now Pay Later, and access to cash.

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