Search
The Week That Was - 24 September 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreHong Kong Employee Focus: Things to consider before handing in your notice
Before you hand over your notice of resignation, it is important take a moment to plan ahead and think through the legal and practical considerations of your decision.
Read moreSecurity for costs – through what lens is the enforcement criteria viewed?
Political obstacles can trump legal obstacles when court is considering enforcement in security for costs applications Haque v Hussain(i)
Read moreExceptional Circumstances: CPR 52.30 and a lesson on drafting grounds of appeal from the Court of Appeal
The Court of Appeal has given guidance on how to draft grounds of appeal in a rap over the knuckles for lawyers responsible for "over-lengthy and ill-focused" grounds (Municipio de Mariana v (1) BHP Group PLC and (2) BHP Group Ltd(i)).
Read moreCyber_Bytes - Issue 35
We hope you enjoy this latest edition of Cyber Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.
Read moreKSM Henryk Zeman - Tribunal can consider 'legitimate expectation' arguments in VAT appeal
Taxpayer can bring legitimate expectation/judicial review arguments in appeal against HMRC decision on VAT in First-tier Tribunal – a new step in tax litigation.
Read moreRetail Compass Autumn edition 2021
Welcome to the Autumn edition of Retail Compass, where we guide you through key upcoming legal and policy changes affecting Retail and provide our thoughts on those crucial, need-to-know issues.
Read moreSlipcase: How to know what you don’t know (With Alex Hearn)
Welcome to Insurance Covered. In this episode we discuss Slipcase a curator of insurance focused news and insights. Our guest is Alex Hearn, Managing Director at Slipcase and we will be looking at how Slipcase can become a valuable tool for those working in the world of insurance.
Read moreThe Week That Was - 17 September 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreSanctions and next steps
Further to our previous articles detailing the stages of the Architect Registration Board's (ARB) disciplinary process up to the Hearing, this final article considers the sanctions the PCC can impose and briefly considers what steps can be taken if an unfavourable decision is reached.
Read moreWitnesses overseas and preparations for trial during a pandemic
A couple of recent High Court decisions demonstrate some of the issues that arise when a party applies for one or more of their witnesses to give evidence at trial by video conferencing facilities, or seeks an adjournment of a trial, because a witness is overseas and experiencing difficulties in returning to Hong Kong in time for a trial date given the COVID-19 pandemic. In such circumstances, the courts’ ultimate priority is the administration of justice, which involves (among other things) balancing the parties’ competing interests while exercising their case management powers. A trial date (a “milestone date”) is generally sacrosanct and live evidence in person at trial is the norm.
Read moreHire Heels: why the rental clothing market matters
The old saying that "you can't wear the same outfit twice" doesn't fit well with younger consumers in particular, who are concerned about sustainability and the environmental hazards posed by fast fashion outlets.
Read moreTinkler – Supreme Court decides taxpayer is estopped from denying validity of HMRC enquiry
In Tinkler v HMRC [2021] UKSC 39, the Supreme Court held that, due to the conduct of the taxpayer's advisers, the taxpayer was estopped by convention from denying that HMRC had opened a valid enquiry under section 9A, Taxes Management Act 1970 (TMA), when it had sent the notice of enquiry to the wrong address.
Read moreRPC Insurtech in brief - September 2021
Welcome to the September edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.
Read moreTakeover Code: What has changed?
On 5 July 2021, the most significant changes to the Takeover Code (the Code) since 2011 took effect. The changes are intended to standardise the treatment of regulatory clearances and simplify the offer timetable. An overview of the main changes is set out below.
Read moreRPC Sports Ticker (13 September 2021) - Heineken & women's sports, World 12s and gaming restrictions
In a fortnight during which Emma Raducanu broke countless records by winning the US Open, Cristiano Ronaldo made a goalscoring return to Man United, and where Nike gave US head office workers a week off to re-connect with loved ones and “power down” from work, we feature Heineken's latest partnerships in women's sports, a new rugby tournament proposal and BMW and Fnatic's new esports campaign. We also feature China's latest crackdown on under 18 gaming and the suspended World Cup qualifier game between Argentina and Brazil.
Read moreLockdown thoughts: the evolution of HMRC and its increasing powers
Given the complexity and, at times, lack of clarity in our tax system, concerns have been raised about the extent of HMRC's powers, particularly regarding the range of penalties that can be imposed for innocent mistakes, and the severity of penalties that can be imposed in relation to offshore matters.
Read moreThe Week That Was - 10 September 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreRPC Bites 37 – another trade mark dispute brewing for Oatly? the ASA publishes mixed-media advertising advice, along with a pro-advertiser ruling on greenwashing
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 moreCorporate bankruptcy and insolvency litigation roundtable
The corporate bankruptcy & insolvency litigation landscape has experienced a turbulent period over the past year and a half, largely a consequence of the extreme circumstances created by the COVID-19 pandemic. Against this backdrop, many businesses have sought arrangements and restructuring plans in an attempt to avoid corporate bankruptcy. However, as government COVID-19-related stimulus is withdrawn and the true financial impact of the pandemic becomes clear, the focus turns to which businesses will remain in crisis or fold, and which are able to restructure and survive. As the battle lines are drawn, disputes are sure to rise.
Read moreJRO Griffiths – storage facility is plant for capital allowances purposes
In JRO Griffiths Ltd v HMRC [2021] UKFTT 257 (TC), the First-tier Tribunal (FTT) held that a facility used to store potatoes was a plant, and that it met other conditions allowing it to qualify for capital allowances.
Read moreEclipse film partnerships settlement opportunity announced by HMRC
HMRC announced on 6 September 2021 a settlement opportunity for current and former members of the Eclipse Film Partners (numbers 1 to 40) limited liability partnerships (the Eclipse LLPs), under which HMRC will agree not to seek to impose a 'dry tax' charge in exchange for members settling historic tax liabilities (with interest) and abandoning litigation against HMRC in relation to the Eclipse LLPs. If accepted by each taxpayer, approximately £1.6 billion of 'dry tax' will not be pursued by HMRC.
Read moreCyber_Bytes - Issue 34
We hope you enjoy this latest edition of Cyber_Bytes, our biweekly roundup of key developments in cyber, tech and evolving risks.
Read moreBuy-Now-Pay-Later under the regulatory microscope
Growth in the Buy-Now-Pay-Later (BNPL) sector is showing no signs of slowing. Square's recent $29 billion acquisition of BNPL behemoth Afterpay being the latest signal that the market is on an upward trajectory. In 2020 alone over 10 million Brits used BNPL to purchase goods online, accounting for nearly 4% of online retail sales. The Financial Conduct Authority (FCA) found that usage had very nearly quadrupled to account for £2.7 billion of spending in 2020. Such popularity, particularly among Gen-Z and Millennials, spans the globe with American consumers spending an estimated $20 billion to $25 billion in 2020 by way of deferred payments.
Read moreAccountants obliged to report suspected misuse of the Bounce Back Loan Scheme
The Bounce Back Loan Scheme (BBLS) was introduced to enable smaller businesses adversely affected by the coronavirus pandemic to access government-backed finance.
Read moreThe Building Safety Bill – time for property managers to prepare
The way high-rise buildings are managed in this country is changing.
Read moreMandatory vaccinations for employees in Hong Kong
In the wake of the Chief Executive’s remarks last week, where she urged private sector employers in Hong Kong to require COVID-19 vaccinations for employees, the question at the top of every employer’s list is – can we legally require employees to undergo vaccination, and if they refuse, require those employees to be regularly tested?
Read moreThe food and drink sector: Brexit and beyond
Last November we hosted a Food & Drink focused Brexit & Beyond panel discussion. During that event, our expert panel shared their insights into the most pressing issues facing the sector at that time and provided guidance on how companies could prepare for the expiry of the Brexit transition period. Now that we are firmly into 'Beyond' territory, we recorded a follow-up discussion in July.
Read moreHow the insurance industry could bring down fossil fuels (a podcast with Tom Johansmeyer)
Welcome to Insurance Covered. In this episode we discuss the relationship between fossil fuels and insurance. Our guest is Tom Johansmeyer, Head of Property Claims Services at Verisk insurance solutions. Tom recently had an article published in the Harvard Business Review 'How the insurance industry could bring down fossil fuels' which is what we will be focusing on today.
Read moreThe Week That Was – 3 September 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreBlood Tube Shortage: Testing Times
Test tube shortage leading to delays in blood tests; protection for GPs from liability.
Read moreThe Month That Was – August 2021 – An FCA update – an update on Authorised Fund Managers
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 moreTax Bites - September 2021
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreHaworth - Supreme Court upholds decision to quash follower notice
Follower Notice judicial review upheld by Supreme Court even in tax avoidance context; restrictive requirements imposed for issue of follower notices.
Read moreThe tax tribunals: the next 10 years
Twelve years on from the seismic changes to the UK tax appeals system that introduced the First-tier Tribunal and the Upper Tribunal, the Tax Law Review Committee (TLRC) has published its Report "The tax tribunals: the next 10 years".
Read moreSports Ticker (27 August 2021) - Team GBs cash boost, womens super league and the ATP
In a fortnight which marked the opening of the Tokyo 2020 Paralympic Games with over 4,400 athletes from 162 different national Paralympic committees competing (see here), we feature the adoption of shorter format sports, the increase in funding for Team GB and broadcasting plans for the Women's Super League. We also feature the potential ban for football players travelling to red list countries and the ATP's safeguarding policy review.
Read moreThe Week That Was - 27 August 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreNew RICS guidance for valuers - Another step in the right direction for valuers
RICS has produced a Guidance Note for the valuation of residential leasehold properties for secured lending purposes, aimed at providing valuers with a best practice guide when undertaking valuations in what has been a turbulent sector over the last 5 years.
Read moreCrypto-assets again confirmed as property by the English Commercial Court
In the Commercial Court's latest crypto-related judgment, Fetch.AI(1), a proprietary injunction and worldwide freezing order were granted against various categories of persons unknown who had misappropriated various crypto-assets from one of the claimant's Binance trading accounts. In doing so, the Court agreed with the key finding in the seminal case AA v Persons Unknown, Re Bitcoin [2019] EWHC 3556 (Comm) – that bitcoin is 'property' – albeit it did so on a different basis.
Read moreV@ Update – August 2021
Welcome to the August 2021 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.
Read moreContentious tax quarterly review
We consider the Supreme Court's decision in Tooth, concerning discovery assessments; and examine the contentious issue of when a taxpayer can rely upon a PAYE credit. We also review the increased focus by HMRC on cryptoassets and the challenges that might create for taxpayers.
Read moreThe latest addition to Kwasi Kwarteng's reading list
The Regulatory Horizons Council report sets out recommendations for medical devices regulations reform in the UK
Read moreCustoms and excise quarterly - August 2021
In this update we report on (1) European Commission Guidance on UK import formalities; (2) HMRC's new and updated guidance for imports and exports following the end of the Brexit transition period; and (3) HMRC's updated guidance on returned goods relief on items exported from Northern Ireland. We also comment on three recent cases relating to (1) the illegal import of cigarettes; (2) customs valuation; and (3) the application of the dishonesty test when determining penalties.
Read moreEmployee focus: things to be aware of when leaving your role to join a competitor
For many employees, changing jobs can be stressful. Having gone through multiple rounds of interviews and discussions, there is a real temptation to sign on the dotted line when the employment contract is finally issued.
Read moreWhat about the arrears?
On 4 August 2021 the Government published a policy statement clarifying their announcement made on 16 June 2021 in relation to the extension of the forfeiture moratorium, the ringfencing of COVID-19 commercial rent debts and the introduction of a binding arbitration process. The Government has also published its own response to the views of over 500 respondents to the call for evidence.
Read moreThe Week That Was – 20 August 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreA look at personal accident insurance (a podcast with Peter Laidlaw)
Welcome to Insurance Covered. In this episode we are looking at personal accident insurance. Our guest this week is Peter Laidlaw, Head of the accident and health underwriting team at Atrium Underwriting. Peter specialises in writing a variety of risks, from K&R to our topic for today personal accident.
Read moreEurovision contestant and Rudimental come out on pop in copyright dispute
Coming out on pop: Rudimental's single Waiting All Night, composed by Eurovision 2021 contestant James Newman, was not the product of copying a song written in 2001 by a contestant on the Voice UK.
Read moreEurovision contestant and Rudimental come out on pop in copyright dispute
The High Court has rejected a claim brought by one half of a duo who appeared on the Voice UK – the claim was brought against Eurovision 2021 contestant James Newman and members of Rudimental for allegedly infringing the copyright in one of her songs.
Read moreWilkes – HMRC's discovery assessments were invalidly issued
In HMRC v Jason Wilkes [2021] UKUT 150 (TCC), the Upper Tribunal (UT) dismissed HMRC's appeal against a decision of the First-tier Tribunal (FTT) which held that discovery assessments issued by HMRC to assess the high income child benefit charge (HICBC), were invalid.
Read more