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RPC Insurtech in brief - July 2021
Welcome to the July edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.
Read moreExpert evidence is not an absolute right: High Court issues stark reminder that breaches of rules on expert evidence will not be tolerated
The High Court has recently issued a stark reminder that breaches of the rules on expert evidence will not be tolerated.
Read moreMarketing mishap costs Papa John's
Last month, the Information Commissioner's Office ("ICO") has issued a £10,000 fine to Papa John's for sending over 165,000 marketing messages without properly meeting the requirements of the "soft opt-in" rule.
Read moreThe Regulatory Spotlight is shining bright and not just on AFMs
On 20 June 2021, the FCA published its findings from the review it carried out on host Authorised Fund Management firms during 2019-2020. The purpose of the review was "to test the viability of the host Authorised Fund Manager (AFM) business models and assess whether conflicts of interests were being effectively managed."
Read more…and ONE MORE THING, an intention to parody is not (necessarily) bad faith
In 2017, Apple successfully opposed two trade mark applications for the words 'SWATCH ONE MORE THING' and 'ONE MORE THING' (the OMT Applications). The OMT Applications were filed by Apple's long-time adversary, Swatch. Apple alleged that the phrase “ONE MORE THING” had come to be associated with it and that Swatch had filed the OMT Applications with the intention of parodying Apple.
Read moreGolamreza – HMRC assessments and the burden of proof
In Golamreza Qolaminejite (aka A Cooper) v HMRC [2021] UKUT 118 (TCC), the Upper Tribunal (UT) allowed the taxpayer's appeal in part on the basis that the First-tier Tribunal (FTT) had erred in law in failing to take all of the taxpayer's case into account in arriving at its decision.
Read moreThe Month That Was – June 2021 –Manchester Building Society v Grant Thornton and compulsory professional indemnity insurance for tax advisers
Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.
Read moreWaste not, want not! The UK Government "zeroes" in on plastic waste in Food & Drink
Through a series of recent consultations and legislative initiatives, the Government has shown it is serious about reducing plastic waste and shifting the UK towards a more circular economy. The Government's motivation for doing so is clear: The UK reportedly generates more plastic waste per person than any other country bar the US and currently less than 10% of household plastics are recycled. This is partly due to present difficulties in recycling so-called 'soft plastics', which the Government intends to enforce the collection of by 2026.
Read moreEscaping Reality Through Reality TV
Throughout the COVID-19 pandemic, I have run-around the upper East side of New York City with a bunch of wacky housewives, stayed in a luxury villa in Mexico and sashayed down the runway with 12 other queens. And this summer I will be returning to Majorca for a long, hot summer!
Read moreA look at space insurance (a podcast with David Wade)
Welcome to Insurance Covered. In this episode we discuss space insurance, these policies cover and why companies take these out. Peter is joined by David Wade, Underwriter at Atrium Underwriting where he specialises in Space insurance. We discuss, the insurance of space projects, satellites and the future of space exploration.
Read moreSpotlight on private wealth - July 2021
Our quarterly update is designed to keep you up to speed with developments in the private wealth world.
Read moreRedundancy in Hong Kong – An employee's guide to the legal and practical considerations
In this article, we will consider an employee's rights in the event that they are told that their role is being made redundant. We will also examine the consequences of receiving notice of redundancy, offers of alternative employment and/or separation agreements, as well as claims an employee may commence against their employer as a result of their cessation of employment.
Read morePerring – Burden of proof for establishing that documents are 'reasonably required' in taxpayer information notice appeal is on HMRC
In Perring v HMRC [2021] UKFTT 110, the First-tier Tribunal (FTT) held that the burden of proof for establishing that documents are "reasonably required" under a taxpayer notice issued under Schedule 36, Finance Act 2008 (FA 2008) lies with HMRC.
Read moreFinancial Crime Time – Your Update from RPC: 2021 Q2
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.
Read morePlaying a winning hand: dealing with an HMRC enquiry
In this episode of Taxing Matters we are joined by John Cassidy, a Tax Resolutions Partner at accountancy firm Crowe UK. A tax veteran of over 25 years, when it comes to tax investigations, what John hasn't experienced, written about or lectured on isn't worth knowing!
Read moreTax Bites - July 2021
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreSports Ticker (1 July 2021) - Laurel Hubbard, Nike's super spikes and the RFU's COVID Recovery Plan - a speed-read of key commercial updates from the sports world
Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.
Read moreRPC Bites 34 - Mediterranean tonic water too descriptive for the EUIPO, enhanced regulation for alcohol ads and UK-Australia trade deal agreed in principle
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!!
Read moreWho gets to deliver my news? - Ofcom starts its consultation on changes to media ownership restrictions
Ofcom is looking to update old rules governing media ownership in the UK to reflect consumers increased access to news online and the fragmented use of traditional media, and the implications of reform could be far reaching.
Read moreNever too late: English court issues anti-suit injunctions despite foreign proceedings reaching Supreme Court
If, contrary to an agreement to arbitrate, you are sued in the wrong jurisdiction the English courts stand willing to issue an anti-suit injunction – regardless of how quickly the foreign proceedings might have escalated. The recent case of UAU -v- HVB [2021] EWHC 1548 (Comm) serves as a good example of how a party should conduct itself in order successfully to obtain injunctive relief.
Read moreAozora - Unilateral credit for US withholding tax allowed even where no treaty relief available
US UK double tax treaty and associated UK legislation interpreted to give unilateral credit for withholding tax suffered on interest income.
Read moreA look at micro insurance (a podcast with Rose Goslinga)
Welcome to Insurance Covered. In this episode we discuss micro insurance with Rose Goslinga, co-founder of Pula, a micro insurance company based in Kenya. We will look at why micro insurance exists and why it has become a vital source of cover for so many people in Kenya and beyond.
Read moreDirectors' duties and conflicts of interest – application to former directors
The High Court has recently considered the scope of the duty to avoid conflicts of interest as it applies to former directors of a company.
Read moreHealth and safety update - June 2021
Welcome to this month's health and safety update. View the headlines below or click the pdf at the bottom of the page to read the full articles.
Read moreV@ update - June 2021
Welcome to the June 2021 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.
Read moreRediscovering ADR
Alternative Dispute Resolution (ADR), in the form of mediation, remains an important part of the tax dispute resolution process. In light of the backlog of cases caused by Covid-19, and the practice statement issued by the Tribunal last year, we expect that taxpayers and HMRC will begin to re-examine and embrace ADR which can be an effective method of resolving disputes with HMRC.
Read moreWhat is "mutuality of obligation" and why does it matter in the world of work?
Any business which needs work to be done for it makes a choice as to how that work is procured and delivered.
Read moreRetailers to be consulted on new legislation for protection from terrorist attacks
The Government is currently consulting with the public and retailers to seek their views on proposed legislation requiring the occupiers of "publicly accessible locations" to implement measures to protect employees and members of the public in the event of a terrorist attack.
Read moreRe-commerce: the future of luxury fashion?
With Gen Z successfully catapulting fashion resale platforms like Depop, StockX and Vinted into the limelight over the last decade, has the time come for the luxury market to enter the world of re-commerce?
Read moreAshbolt and Arundell: challenging search warrants
In the latest episode of Taxing Matters, we take a closer look at the recent case of Ashbolt and Arundell v HMRC, which involved a challenge to the lawfulness of search warrants.
Read moreTake 10 #15
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreSupreme Court Changes to the Assessment of Loss in Professional Negligence Claims
On 18 June 2021 the Supreme Court handed down two judgments in cases examining the application of the SAAMCo principles. These are principles that have dominated the law of professional liability since 1997 and limited the recovery of damages by claimants against professionals. In these judgments the Supreme Court significantly alters the tests for determining whether a particular loss falls within the scope of duty of the professional.
Read moreDisciplinary investigations against architects #6 - Professional Conduct Committee Hearing: What to expect
Further to our previous five articles detailing the stages of the Architect Registration Board's (ARB) disciplinary process up to the Referral to Professional Conduct Committee stage, this article considers the Professional Conduct Committee Hearing, and what Architects should expect if their case reaches this stage.
Read moreSports Ticker (17 June 2021) - RPC Sports Ticker: The FA's first female chair, CVC's "One Tennis" plans and Boris backs bowler
Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.
Read moreTax liability insurance (a podcast with Giles Hambly)
Welcome to Insurance Covered. In this episode we discuss tax liability insurance and why many businesses are choosing to take it out.
Read moreRPC Insurtech in brief - June 2021
Welcome to the June edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.
Read moreCyber_Bytes - Issue 33
Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.
Read moreWilliam Grant & Sons v Lidl: where to be-gin?
On 25 May 2021, the Scottish Court of Session (SCOS) granted an interim interdict (akin to an interim injunction), which prevents Lidl from selling its own brand 'Hampstead gin' in Scottish stores, pending the outcome of the matter at trial.
Read moreWilliam Grant & Sons v Lidl: where to be-gin?
On 25 May 2021, the Scottish Court of Session (SCOS) granted an interim interdict (akin to an interim injunction), which prevents Lidl from selling its own brand 'Hampstead gin' in Scottish stores, pending the outcome of the matter at trial.
Read moreTooth – Supreme Court rejects the concept of 'staleness' and confirms the meaning of 'deliberate'
In HMRC v Tooth [2021] UKSC 17, the Supreme Court, in dismissing HMRC's appeal, confirmed that a discovery assessment issued under section 20, Taxes Management Act 1970 (TMA) will not be invalid because a large period of time had elapsed between the discovery being made and the assessment being issued by HMRC and that for a taxpayer to bring about a loss of tax as a result of a deliberate inaccuracy in a document there must be an intention to mislead HMRC.
Read moreRPC Bites #33 – Battle of the gins, the future of soft plastics and serious food for thought for advertisers of HFSS products
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!!
Read moreThe Great British (Local) High Street
There is no doubt that the UK high street has been hit hard in recent years, not least by the impacts of the COVID-19 pandemic. But alongside the headline grabbing news of shop closures, there were in fact over 7,500 new shop openings between 1 January 2020 and 31 December 2020.
Read moreStreaming platforms to consolidate? "The stuff that dreams are made of"
Discovery and AT&T's WarnerMedia are merging to create a streaming behemoth named Warner Bros. Discovery, and Amazon is reportedly in talks to acquire Metro Goldwyn Mayer (MGM). Will this mark a trend in the consolidation of streaming platforms, and what are the implications?
Read moreSnapshots - Spring 2021
A roundup of key legal developments for the modern commercial lawyer.
Read moreThree Mobile claim to be “the best network for data” misleading
What are the limits and substantiation requirements on advertisers in relation to claims on being the “best network for data” in the telecommunications sector?
Read moreUK authorities consider position of AI in preparation for a new Golden Age of Tech
The question: What direction is the UK taking regarding policies on artificial intelligence (AI)?
Read moreASA upholds misleading “Jab & Go” claim against Ryanair
How careful do you need to be in your ads when using phrases such as “Jab & Go” or “Vaccine?”
Read moreAvoiding “Fake Views” – CAP publishes guidance on testimonials and endorsements
What enforcement options are available against marketers who use fake reviews to promote their goods or services?
Read moreCommittee of Advertising Practice publishes guidance for marketing on TikTok
What does the Committee of Advertising Practice’s (CAP) new guidance note on marketing on TikTok tell us about making compliant ads for the platform?
Read moreASA upholds Ladbrokes gambling ad as socially irresponsible for problematic behaviour
Is a gambling ad that features potentially problematic behaviour socially irresponsible?
Read more