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Furlough fraud and Government clawback: managing the risk

31 July 2020

HMRC has the right to go back up to five years when considering businesses’ (including retailers’) records relating to the Coronavirus Job Retention Scheme (the “furlough scheme”) and will be able to clawback funds which have been claimed in error, or fraudulently, under new powers contained in the Finance Bill 2020, which is expected to become law in the latter half of 2020.

Revisiting Your Multi-Tier Dispute Resolution Clauses

Published on 31 July 2020.

Cyber_Bytes - Issue 19

Published on 31 July 2020. By Richard Breavington, Partner and Christopher Ashton, Senior Associate and Rachel Ford, Senior Associate

Welcome to Cyber_Bytes, a round up of key developments in cyber, tech and evolving risks over the last two weeks.

Furlough forecast: What kind of employment law claims are on the horizon?

31 July 2020

As retail workforces continue to be re-organised, what kind of employment claims could be brought by employees in the coming months, in light of the Coronavirus Job Retention Scheme (or furlough scheme) and what can you do in anticipation?

Temporary COVID-19 measures in respect of AGMs and other general meetings

31 July 2020

The Corporate Insolvency and Governance Act 2020 (CIGA), which came into force on 26 June 2020, provides temporary measures which enable companies to comply with their legal requirements on holding annual general meetings (AGMs) and other meetings whilst still respecting social distancing legislation and guidance.

UK Government introduces “suspension” of wrongful trading provisions

31 July 2020

In March 2020, Business Secretary Alok Sharma announced that provisions on wrongful trading would be suspended. The move came as part of a wider package of measures that sought to provide assistance to businesses – and their beleaguered boards – experiencing financial distress due to Covid-19. Now set out in the Corporate Insolvency and Governance Act 2020 (CIGA), which was passed on 26 June 2020, the provisions adapt the wrongful trading regime making directors’ liability for the “relevant period” unlikely.

Corporate Insolvency and Governance Act – Supplier Terms

31 July 2020

On 26 June 2020 the Corporate Insolvency and Governance Act (CIGA) came into force. The CIGA has made both permanent and short-term changes to the insolvency regime in response to the coronavirus pandemic and its consequences.

V@ update - July 2020

Published on 30 July 2020. By Adam Craggs, Partner and Rebekka Sandwell, Senior Associate

Welcome to RPC's V@, a monthly update on developments in the VAT world that may impact your business.

British Gymnastics lands well in trade mark infringement proceedings

Published on 29 July 2020. By Joshua Charalambous, Senior Associate

The national governing body (NGB) for Gymnastics in Britain has succeeded in trade mark infringement and passing off proceedings against an organisation using the sign “UK Gymnastics”, in a Judgment which is likely to assist several Sport England and UK Sport-funded NGBs. In particular, it shows how to deal with organisations using signs which suggest they are an NGB (when they are not).

RPC Sports Ticker (29 July 2020) – Cyber Security, Lions in South Africa and Lululemon

Published on 29 July 2020. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, Associate

Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

Corporate Tax update - July 2020

Published on 29 July 2020. By Ben Roberts, Partner and Adam Craggs, Partner and Robert Waterson, Partner

Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team. This month’s update reports on some of the key developments from June 2020. Included in this update are a summary of a decision on the correct tax treatment of bonuses paid to members of an LLP, and an AG’s opinion on the VAT reverse charge position of services supplied for non-economic activity purposes. There’s also an update on HMRC guidance on “exceptional” circumstances in which anticipated losses can be used to claim back overpaid corporation tax. Finally, this update also reports on Covid-19 driven extensions to DAC6 reporting deadlines and to deadlines for notifying VAT options to tax. As ever we hope you, your family and friends are all staying safe.

JJ Management – Court of Appeal confirms HMRC can conduct informal enquiries

Published on 29 July 2020. By Alexis Armitage, Associate

In JJ Management Consulting LLP v HMRC [2020] EWCA Civ 784, the Court of Appeal confirmed that it is within HMRC's powers to assess tax following informal enquiries without the need for HMRC to give notice under section 9A, Taxes Management Act 1970 (TMA).

D&O – the irrelevance of the Corporate Insolvency and Governance Act

Published on 28 July 2020. By Simon Goldring, Partner

The Corporate Insolvency and Governance Act ("the Act") came into expedited effect on 26 June 2020 and is intended to maximise the chance of corporate survival and reduce the threat of personal liability on directors during this unprecedented economic crisis.

Retail Compass Summer edition 2020

Published on 28 July 2020. By Jeremy Drew, Partner and Karen Hendy, Partner

Welcome to the Summer 2020 edition of Retail Compass – our guide to key upcoming legal and policy changes affecting Retail and our thoughts on the need-to-know issues.

Reform of audit industry: it's time to split

Published on 28 July 2020. By Davina Given, Partner

Audit has been the subject of intense scrutiny over the past few years in the wake of a series of high-profile business collapses such as Carillion, Patisserie Valerie and Thomas Cook in the UK and, more recently, Wirecard in Germany, and there is no shortage of calls for reform of the audit industry.

Business interruption update

Published on 27 July 2020. By Toby Savage, Partner and Victoria Sherratt, Partner and Catherine Percy, Partner and Leigh Williams, Partner

In the wake of the government lockdowns across the globe and as restrictions begin to be eased in some countries, RPC has accessed a number of pre-eminent insurance practices in the major claims centres to swap notes on some of the key legislative developments to date in their respective jurisdictions and any recent cases of interest.

Drafting Formulae – the power of worked examples

Published on 27 July 2020. By Neil Brown, Partner

This blog considers a recent decision in which the High Court interpreted that worked examples took priority over narrative drafting, where the two were inconsistent.

Sega’s early win against Man Utd in Football Manager trade mark case

Published on 27 July 2020. By Jeremy Drew, Head of TMT and Samuel Coppard, Associate

As first published by leading sports law resource LawInSport, Jeremy Drew and Samuel Coppard discuss Man United’s trade mark infringement proceedings against Sega and Sports Interactive in relation to Football Manager.

Tax incentives for HK Insurance market

Published on 24 July 2020. By Andrew Carpenter, Partner

First proposed in December last year, the Hong Kong Legislative Council has now passed a measure that will reduce profits tax on several insurance businesses.

International risk team: The future at Lloyd’s

Published on 24 July 2020. By Hugh Thomas, Senior Associate and Toby Savage, Partner

At the end of last year Lloyd’s published its Blueprint One, another instalment in the Future at Lloyd’s initiative. Blueprint One is a strategic document which maps out the ways in which the Corporation intends to combine data, technology and new ways of working in order to revolutionise the Lloyd’s market. The proposals are wide ranging and touch upon all facets of business at Lloyd’s, from risk placement through to claim payment, along with initiatives for attracting more capital and the development of new products.

Tougher sentences proposed for counterfeiters

Published on 24 July 2020. By Alice Kemp, Senior Associate (Employed Barrister) and Michelle Sloane, Partner

On 8 July 2020, the Sentencing Council issued draft Sentencing Guidelines for offences under section 92 of the Trade Marks Act 1994 (unauthorised use of trade mark) which, if implemented, will substantially increase the severity of potential sentences imposed by the courts on those individuals and corporations who have committed a section 92 offence.

W&I Insurance: The rise of synthetic warranties?

Published on 22 July 2020. By Jeremy Cunningham, Partner

Warranty and indemnity (W&I) insurers are seeking innovative ways to service the M&A market in a Covid-19 pandemic induced downturn. This article discusses the potential uses for W&I insurance policies with synthetic aspects in meeting the market's current needs.

Orders for pre-action disclosure – exceptional in a commercial context?

Published on 22 July 2020. By Davina Given, Partner and Suzan Kurdi, Senior Associate

Although parties are expected to exchange key documents before starting proceedings in the English court, a recent decision in the Commercial Court highlights the limited nature of those obligations, particularly in a commercial context.

Sheiling - Belief in procedural invalidity of APN can constitute reasonable excuse

Published on 22 July 2020. By Constantine Christofi, Senior Associate

In Sheiling Properties Ltd v HMRC [2020] UKUT 175 (TCC), the Upper Tribunal (UT), in dismissing an appeal against penalties for non-payment of accelerated payment notices (APNs), confirmed that a reasonable belief that the APNs were invalid could constitute a reasonable excuse for non-payment.

RPC Bites #13

Published on 21 July 2020. 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!

Reproduction of infringing content online: who's liable?

Published on 21 July 2020. By Ciara Cullen, Partner and Louise Morgan, Senior Associate

Keyword advertising, search engine optimisation and liability for infringement via online marketplaces: In recent years, there has been a plethora of cases concerning the various ways that trade marks may be infringed, through use on the internet.

Reproduction of infringing content online: who's liable?

Published on 21 July 2020. By Ciara Cullen, Partner and Louise Morgan, Senior Associate

Keyword advertising, search engine optimisation and liability for infringement via online marketplaces: In recent years, there has been a plethora of cases concerning the various ways that trade marks may be infringed, through use on the internet.

Taxing Matters: Furlough Fraud

20 July 2020

Welcome to the inaugural episode of our Taxing Matters podcast. In this series we review land-mark cases and key tax developments and discuss the commercial impact they could have on your business.

Schrems II – Groundhog Day for Data Transfers

17 July 2020

On Thursday 16 July, the Court of Justice of the European Union (“CJEU”) delivered its judgment in one of the most highly anticipated court cases in data protection, Case C-311/18 Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (widely referred to as “Schrems II”). This decision came almost 8 months after Advocate General Saugmandsgaard Øe published his Opinion, which albeit not binding, provided a strong indication for the CJEU's judgment.

Sports Ticker 17 - Man City, British Gymnastics and Varnish

Published on 17 July 2020. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, Associate

Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

El Dorado in the Commercial Court: Domestic Law, Foreign Law and Foreign Relations

17 July 2020

Why is a dispute between Mr Nicolás Maduro and Mr Juan Guaidó as the rival contenders to the Presidency of Venezuela being heard by the English Commercial Court? The answer involves US$1 billion of gold reserves held at the Bank of England and who has the authority to deal with them.

It's good to talk

Published on 16 July 2020. By Andy McGregor, Head of Civil Fraud and Adam Forster, Senior Associate

A successful party has been declined some of its costs on the basis of an unreasonable refusal to engage in mediation. Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Aviva.

Is your OEE cover under control?

15 July 2020

This month marked the 32nd anniversary of the devastating fire and explosion which destroyed the Piper Alpha platform in the UK sector of the North Sea. The event remains one of the largest ever offshore catastrophes, tragically claiming 167 lives.

A look at US insurance trends

15 July 2020

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 Scott Seaman, co-chair of the insurance practice group at our US alliance firm Hinshaw & Culbertson. For this episode we will be looking at; social inflation, bad faith and punitive damages in the context of the US insurance market.

Pickles - Credit available for drawing from directors' loan accounts not taxable as distributions

Published on 15 July 2020.

In Pickles v HMRC [2020] UKFTT 00195 (TC), the First-tier Tribunal (FTT) held that excessive consideration for goodwill left outstanding on directors' loan accounts was not taxable under section 1020, Corporation Tax Act 2010 (CTA), as distributions.

Wheeling and Dealing: how e-scooters could spin opportunities for insurers

Published on 14 July 2020. By Sharona Zovich, Trainee Solicitor

E-scooters, or "Personal Light Electric Vehicles," have become increasingly popular on a global scale over recent years.

M&A - how due diligence is being changed by coronavirus

Published on 13 July 2020. By Jeremy Cunningham, Partner

This blog considers what new areas of M&A due diligence may need to be prioritised in light of business changes brought about by coronavirus and the resulting disruption to normal business activity.

VAT'll do nicely – temporary VAT rate cut to boost hospitality and tourism sectors

Published on 13 July 2020. By Ben Roberts, Partner

Last week, as part of efforts to boost the UK economy in light of the Covid-19 pandemic, the Chancellor announced a temporary (6 month) cut in the rate of VAT for certain supplies of hospitality, hotel and holiday accommodation, and admissions to certain attractions.

Examining the time bar for causes of action for the tort of negligent misrepresentation

10 July 2020

Section 24A of Singapore’s Limitation Act (Cap. 163) provides, amongst other things, that the limitation period for any cause of action for damages for negligent misrepresentation accrues upon proof of damage in reliance of the negligent misrepresentation.

Hong Kong Courts – Further guidance on remote court hearings

Published on 10 July 2020. By Carmel Green, Partner

A second, more comprehensive guidance note on remote hearings in civil proceedings came into effect on 15 June 2020. The phase 2 guidance note provides for expanded videoconferencing facilities and telephone hearings with respect to the civil business of the first instance courts and the Court of Appeal, and is to be read together with the phase 1 guidance note issued on 2 April 2020.

Medical Devices Regulation on the horizon

Published on 09 July 2020. By Peter Rudd-Clarke, Legal Director

The EU Regulation on Medical Devices 2017/745 (the MDR) had been due to become fully applicable on 26 May 2020.

Audit market: From recommendations to reforms

Published on 09 July 2020. By Davina Given, Partner

The Brydon Report on audit quality and effectiveness was released on 18 December 2019. The Report sets out recommendations for “urgent reform” in order to increase public confidence and seek to prevent unnecessary corporate failures.

SMCR: The tricky implementation phase

Published on 09 July 2020. By Lucy Kerr, Senior Associate

The Senior Managers and Certification Regime (SMCR) came into force for all financial services firms solo-regulated by the Financial Conduct Authority (FCA) on 9 December 2019. The SMCR replaces the previous APER regime under which the FCA had oversight of the individuals working in the financial services industry. There is a one year implementation period for firms to make the changes required by the SMCR, which expires on 9 December 2020.

Regulatory Radar 2020/21

09 July 2020

Welcome to the 2020/21 edition of RPC’s annual Regulatory Radar – a guide to the key regulatory changes worth having on your radar. We hope this will be a useful resource, helping you scan the regulatory horizon and highlight changes that could impact your business.

RPC Bites #12

Published on 08 July 2020. 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!

Ampleaward - purchaser using UK VAT number not liable for UK acquisition VAT where goods housed in overseas warehousing regime

Published on 08 July 2020. By Michelle Sloane, Partner

In Ampleaward Ltd v HMRC [2020] UKUT 0170 (TCC), the Upper Tribunal (UT) has found in favour of the taxpayer and confirmed that HMRC was not entitled to claim UK acquisition VAT on the purchase of alcohol from a supplier situated in a second EU state, which was then delivered to a tax warehouse in a third EU state.

Is more co-operation the new normal?

Published on 07 July 2020. By Jonathan Wyles, Of Counsel

What keeps you as a lawyer awake at night during the coronavirus pandemic? The list is likely to be very long and the fear of making a mistake will be close to the top. Help may come from some unexpected quarters such as the Courts.

Corporate Insolvency and Governance Act 2020: What's changed for companies?

Published on 06 July 2020. By Ella Shanks, Associate

The Corporate Insolvency and Governance Act 2020 (the Act) came into force on 27 June 2020

Sports Ticker 16 - Wigan, Beckham and Rashford

Published on 03 July 2020. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, Associate

Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

Restarting your business and implementing Government guidance to support NHS Test and Trace

Published on 02 July 2020. By Jon Bartley, Partner

In its latest guidance on keeping workers and customers safe during COVID-19 in restaurants, pubs, bars and takeaway services (23 June 2020), the Government has recommended that businesses operating in these sectors keep a temporary record of customers and visitors for 21 days. This will assist NHS Test and Trace with requests for that data if needed.