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Michael Vaughan - High Court declines to rectify contract to prevent tax charge

Published on 12 August 2020. By Constantine Christofi, Senior Associate

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In (1) MV Promotions Ltd (2) Michael Vaughan v (1) Telegraph Media Group Ltd (2) HMRC [2020] EWHC 1357 (Ch), the High Court elected not to exercise its discretion to rectify a provision in a contract for services, despite a mutual mistake rendering one party liable for additional tax.

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Blog

Too many cooks… 'Fit Kitchen' trade mark infringed

Published on 11 August 2020. By Ben Mark, Partner and Sarah Mountain, Senior Associate

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On 29 July, Fit Kitchen Limited (FKL) won its case for trade mark infringement and passing off against Scratch Meals Limited (SML). Both FKL and SML provide healthy pre-prepared meals: FKL via an online subscription site, which allows users to customise meal choices, based on their individual macros and dietary preferences and SML, through the manufacture and sale of products to supermarkets.

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Blog

LIBOR claim by US agency will continue in London

Published on 10 August 2020. By Jake Hardy, Partner and Rosy Gibson, Associate

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A decision in the London High Court has demonstrated that the fallout from the long-running LIBOR fixing scandal is far from over.

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Publication

General Liability newsletter – July 2020

10 August 2020

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Welcome to the latest edition of our general liability newsletter, rounding up some the key cases from the last few months. This month we look at recent cases and government updates regarding: Ogden tables, fraudulent or exaggerated claims, consent orders, pre action disclosure applications and the vital importance of causation as an ingredient of negligence in addition to breach of duty.

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Publication

Lessons from Lockdown - Company Record Keeping

10 August 2020

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Hong Kong law requires companies to keep copies of certain documentation and sufficient records of all business transactions. Documents must also be made available for inspection, including to shareholders and auditors.

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Tales from COVID: Insurance in the time of coronavirus – Cyber

Published on 10 August 2020. By Peter Mansfield, Partner and Simon Laird, Global Head of Insurance

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In conjunction with our US alliance partners, Hinshaw and Culbertson LLP, we have produced a series of 'informal chats' with the title 'Tales from Covid: Insurance in the Time of Coronavirus'.

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Blog

Hong Kong – Refusal to regrant injunction that lapsed during general adjournment successfully appealed

Published on 10 August 2020. By David Smyth, Senior Consultant

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In a previous update dated 29 April 2020, we noted that a first instance court held that the general adjourned period (GAP), during which the Hong Kong courts were closed save for urgent and essential court business, did not generally extend the duration of an injunction which was granted on an urgent basis before the GAP commenced and listed for a "return date" during the GAP (for further details, see "General adjournment in Hong Kong does not extend duration of ex parte injunction", dated 29 April 2020).

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Blog

Hong Kong Courts – COVID-19 Update

Published on 10 August 2020. By Carmel Green, Partner

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The general adjourned period (GAP), during which the courts were closed save for urgent and essential business, ended on 3 May 2020, enabling the courts to resume normal business in Hong Kong. Since then, the number of reported cases of COVID-19 in Hong Kong has approximately tripled following a third wave of infections.

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Snapshot

Snapshots Summer 2020

07 August 2020

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

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Snapshot

Fake reviews probed by CMA

07 August 2020

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What is the CMA’s investigation into misleading online reviews all about and what are websites doing to combat fake reviews?

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Data regulation and oral communications

07 August 2020

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David Scott v LGBT Foundation Ltd [2020] EWHC 483 (QB) (3 March 2020)

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European Commission and EDPB lay out framework for privacy compliant contact tracing apps

07 August 2020

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How do we balance the need for contact tracing with data protection regulation?

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COVID-19 testing and monitoring in the workplace

07 August 2020

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Can employers test and monitor employees during the COVID-19 pandemic?

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CAP warns against promotion of “bad betting behaviours”

07 August 2020

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What has CAP identified as promoting “bad betting behaviours”?

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ICO outlines priorities and regulatory approach during the coronavirus public health emergency

07 August 2020

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How has the ICO reshaped its priorities for regulating UK data protection during COVID-19?

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ASA ruling on Missguided Ltd – the fine line between the mildly sexual and the objectification of women

07 August 2020

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Were poster ads released by clothing company Missguided on public transport overly sexualised, inappropriate or likely to cause serious offence?

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Snapshot

ICO issues guidance on artificial intelligence: explaining the “black box”

07 August 2020

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What steps do businesses need to take to comply with the ICO’s new guidance on artificial intelligence?

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Snapshot

Government publishes approach to post-Brexit trade deal with the EU

07 August 2020

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What is the Government’s approach to a post-Brexit trade deal with the EU?

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Snapshot

WM Morrison Supermarkets plc v Various Claimants – Supreme Court rules on vicarious liability for unlawful disclosure of personal data by rogue employee

07 August 2020

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Can an employer be held vicariously liable for the actions of a rogue employee leaking data?

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Snapshot

Ashley Judith Dawson-Damer v Taylor Wessing LLP – Court of Appeal rules on legal professional privilege and “relevant filing system” in subject access dispute

07 August 2020

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Do paper files constitute a “relevant filing system” for the purposes of subject access requests (SARs)? Can legal professional privilege (LPP) be used to block a SAR made by a data subject that is owed a duty of “joint privilege” along with the lawyer’s primary client?

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Snapshot

GDPR Codes of Conduct and Certification schemes – the ICO is “open for business”

07 August 2020

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What is the ICO doing to make it easier for industry specific sectors to comply with GDPR? What is the benefit to businesses in adopting accredited codes of conduct?

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Snapshot

ASA ruling on ASOS – use of “affiliate” for a marketing communication

07 August 2020

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Is the use of “affiliate” sufficiently clear to identify an affiliate advertorial as a marketing communication?

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Snapshot

Continuing the free flow of personal data between the EU and the UK post-Brexit: DCMS Explanatory Framework for adequacy discussions

07 August 2020

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How might the Explanatory Framework recently published by the Department for Digital, Culture, Media & Sport (DCMS) assist with enabling the continued free flow of data between the EU and the UK post-Brexit and how might the UK Government’s approach to the COVID-19 pandemic affect this?

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Snapshot

ASA ruling on Boohoo.com – “Up to x% off everything” and countdown clocks

07 August 2020

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Can retailers use time limited offers on their website (eg using countdown clocks), and claim they have a sale of “up to x% off everything?”. Does the line “applicable to selected lines only” work as a disclaimer if not “all” your products benefit from the discount?

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Snapshot

Cookie walls and scrolling – updated EDPB guidance

07 August 2020

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Are cookie walls permissible? Can scrolling through a website constitute “consent”?

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Luxury and online marketplaces – the next chapter

07 August 2020

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Coty v Amazon (C-567/18)

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Snapshot

ASA ruling on ASTOK Ltd t/a TVBet – unsubstantiated superiority claims

07 August 2020

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Did TVBet release ads which were misleading and unverifiable by claiming that they were #1 and that they had the biggest sports jackpot?

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Snapshot

Force majeure and circumstances beyond reasonable control

07 August 2020

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2 Entertain Video Ltd v Sony DADC Europe Ltd [2020] EWHC 972 (TCC)

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ASA ruling on EE – misleading and ambiguous mobile network claims

07 August 2020

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Can mobile network providers claim superiority for a service they provide on their network in their ads?

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Contractual discretion; implication of Braganza duty

07 August 2020

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UK Acorn Finance Ltd v Markel (UK) Ltd [2020] EWHC 922 (Comm)

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Snapshot

Contractual estoppel; contractual representations

07 August 2020

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Wallis Trading Inc v Air Tanzania Co Ltd [2020] EWHC 339 (Comm)

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Make sure the price is right: using reference pricing in ads – Committee of Advertising Practice releases update on pricing practices

07 August 2020

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What are the key points to be considered when using reference pricing in your promotions?

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Contractual interpretation; limitation period for notifying claims

07 August 2020

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Towergate Financial (Group) Ltd & Ors v Hopkinson & Ors [2020] EWHC 984 (Comm)

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Blog

RPC Bites #14

Published on 07 August 2020. 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.

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Snapshot

CAP’s new “Quick Guide to Advertising Consumer Surveys”

07 August 2020

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How does the new “Quick Guide” ensure that marketing claims are made in a manner that complies with the CAP Code?

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A summary of the ASA Annual Report 2019

07 August 2020

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What are the key points arising from the Advertising Standards Authority (ASA) 2019 annual report, published on 3 June 2020?

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Rogue online sellers up against new UK consumer-protection weapon

07 August 2020

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What are the new powers granted to the UK’s Competition and Markets Authority (CMA) to combat rogue trading in the digital arena?

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Contractual interpretation; rectification

07 August 2020

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Gwyn y Mor Ofto plc v Gwynt y Mor Offshore Wind Farm Ltd [2020] EWHC 850 (Comm)

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Consumer rights enhanced by the Omnibus Directive (part of the “New Deal for Consumers”)

07 August 2020

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What exactly is the Omnibus Directive? And how is it strengthening consumer rights?

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Blog

Is the promise of a severance payment a reasonable adjustment?

Published on 07 August 2020. By Kim Wright, Senior Associate and Kelly Thomson, Partner

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In this busy time, HR professionals would be forgiven for thinking that nothing beyond the realms of coronavirus is receiving any attention, however cases are still being decided and one Employment Appeal Tribunal (EAT) case, regarding employers' duties to provide reasonable adjustments for disabled employees, is worth some further consideration.

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Blog

Supreme Court reflects on a narrower interpretation of "reflective loss"

Published on 07 August 2020. By Parham Kouchikali, Partner

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The Supreme Court has scaled back the scope of the reflective loss principle which has been expanded over the years. The reflective loss principle essentially prevents a shareholder from bringing a claim against a wrongdoer for the diminution in value of its shares or distributions that results from a loss caused by that wrongdoer to the company itself.

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CLC issue new Guidance on dispute resolution in the construction industry

Published on 07 August 2020. By Andrew Roper, Partner and Rhys Pennack-Thomas, Associate

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COVID-19 continues to cause significant disruption and delay to the construction industry. Whilst things are slowly returning to normal and construction sites are resuming work, there are concerns that the effect of the pandemic on projects may result in long-running and costly disputes arising. Accordingly, the Construction Leadership Council (CLC) have issued guidance in an effort to promote a more pragmatic approach to dispute resolution.

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Snapshot

ASA ruling against Revival Shots

07 August 2020

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Can companies make health claims in ads for their food products?

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Complying with ASA rules during a pandemic

07 August 2020

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In light of the new UK’s Advertising Standards Authority (ASA) and Competition and Markets Authority (CMA) Guidance, what do brands need to be aware of when marketing during the COVID-19 pandemic or similar “exceptional circumstances”?

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ASA ruling against Coral – “Have another go” and socially irresponsible gambling

07 August 2020

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How careful do you have to be when advertising repeat gambling?

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CAP issues advice notice on the marketing of gambling on eSports on social media

07 August 2020

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How do gambling operators stay on the right side of the advertising rules when creating marketing for gambling on eSports on social media?

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Blog

Courts reach a landing on the test for jurisdiction over co-defendants

Published on 06 August 2020. By Simon Hart, Partner and Emma West, Senior Associate

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The court can only assert jurisdiction over an EU domiciled co-defendant under Article 8(1) of the Recast Brussels Regulation if the claim against the anchor defendant is sustainable.

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Publication

Tax Bites - August 2020

Published on 06 August 2020. By Adam Craggs, Partner and Constantine Christofi, 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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Royal Bank of Canada – Canadian bank liable to pay UK tax on assigned oil royalties

Published on 05 August 2020. By Constantine Christofi, Senior Associate

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In Royal Bank of Canada v HMRC [2020] UKFTT 267 (TC) the First-tier Tribunal (FTT) held that a Canadian bank was subject to UK tax on royalties assigned to it following its oil company creditor entering receivership.

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Calculating fair value – is it really fair?

Published on 04 August 2020. By Chris Brierley, Partner

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The difficulties in determining what is meant by the phrase "fair value" have been highlighted by a recent decision of the Privy Council in the case of Shanda Games Ltd v Maso Capital Investments Ltd.

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