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Banks: A real Brexit tax
In A Banks v HMRC [2018] UKFTT 617, the First-tier Tribunal (FTT) heard an appeal by Mr Arron Banks against HMRC's decision to deny him relief on certain donations he and his companies had made to the UK Independence Party (UKIP). The FTT decided that his rights had been infringed under the European Convention on Human Rights (the Convention) but there was nothing it could do to remedy that infringement.
Read moreTrainees took on 2018: did we predict the unpredictable?
2018 certainly will not be forgotten in a hurry, and what a year it was. Brexit negotiations dominated headlines, Theresa May's 'Dancing Queen' routine went viral, and England made it to the semi-finals of the World Cup! No, we didn't predict that either.
Read moreFour UK financial crime compliance predictions for 2019
Last week we published our "UK white-collar crime enforcement predictions for 2019". This week, it is the turn of financial crime compliance.
Read moreHairdryer treatment for medical staff who accessed Sir Alex Ferguson's medical records
After the former Manchester United manager's medical records were accessed by staff at the Salford Royal Hospital, what are the likely GDPR and Data Protection Act consequences?
Read morePart One: Overview of side letters & MFNs when investing in private equity funds
In the first of a three part series we consider the importance of side letters and most favoured nations (MFN) clauses in private equity funds.
Read moreArtificial Intelligence, collaboration with online platforms and tackling the 'Wild West': How the ASA plans to make its impact online over the next 5 years
Given that online adverts made up 88% of all adverts where action was taken by the ASA in 2017, it is unsurprising that the regulation of online advertising is central to the ASA's strategy for the next 5 years.
Read moreNew regulations to permit assignment of receivables under commercial contracts now in force
After more than four years of consultation, draft regulations and revisions, the Business Contract Terms (Assignment of Receivables) Regulations 2018 (the Regulations) have now taken effect, and apply to all relevant contracts entered into on or after 31 December 2018.
Read moreGraham: taxpayer successfully appeals against APN penalty
In Kevin Graham v HMRC [2018] UKFTT 661 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal against a penalty imposed by HMRC for non-payment of an accelerated payment notice (APN).
Read moreRetail Compass: Navigating future change
We are pleased to present our Retail Compass New Year edition 2019.
Read moreAll that glitters is not "Gold"
How does the court calculate what a reasonable license fee is, and what conduct will be sufficient for the court to award additional damages under section 92(2) of the Copyright, Designs and Patents Act 1998?
Read moreAll that glitters is not "Gold"
How does the court calculate what a reasonable license fee is, and what conduct will be sufficient for the court to award additional damages under section 92(2) of the Copyright, Designs and Patents Act 1998?
Read moreFour UK white collar crime predictions for 2019
The coming year presents itself as particularly unpredictable for white collar crime enforcement in the UK, given the shadow of Brexit, changes of staff at the SFO and a series of long-standing cases due for resolution. Nostradamus would struggle, but, nevertheless, here is RPC's forecast of what to expect in 2019.
Read moreGround conditions: An entitlement to additional costs despite accepting risk?
The High Court published a decision late last year which deals with a frequently encountered issue; a claim for additional payment where a sub-contractor encountered adverse ground conditions. The sub-contractor, Clancy Docwra, was engaged by E.ON Energy to excavate trenches in connection with the installation of a district heat network in central London. During the course of the project Clancy Docwra encountered adverse ground conditions (in particular underground brick walls and brick rubble) and the parties were in dispute over what additional entitlement Clancy Docwra had in relation to those works.
Read moreNDAs: Not done with after all?
Non-Disclosure Agreements are currently under significant scrutiny following various public scandals in which they have been used to silence employees who were allegedly subjected to harassment by their employers. In light of this recent controversy, this article explores the current debate surrounding NDAs.
Read moreFunding for disputes – “one step forward”
In a significant development in June 2017, the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Ordinance was enacted. It provides for a legislative regime for third party funding of arbitration and mediation in Hong Kong.
Read moreAn excessive demand is still a demand - Barclays Bank plc v Price
A demand made under a guarantee may be effective even when the amount demanded exceeds an express liability cap.
Read moreSnapshots - Winter 2018
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreBan of combustible materials in cladding
One and a half years after Grenfell, the Building (Amendment) Regulations 2018 come into force and restrict the use of combustible materials in buildings.
Read moreAddo - Disclosure against HMRC in tax appeals
In Addo v HMRC [2018] UKFTT 530 (TC), the First-tier Tribunal (FTT) considered the principles governing disclosure in the context of appeals before the FTT. This blog is based on an article which was first published in Tax Journal on 22 November 2018. RPC acted for the taxpayer in this case.
Read moreArgos Limited v Argos Systems Inc [2018]
How will the Court interpret the three limb test of Article 9(1)(c) of the EU Trade Mark Regulation?
Read moreReformation Publishing Co Ltd v Cruiseco Ltd (Spandau Ballet)
How does the court calculate a reasonable licence fee, and what conduct is sufficient for the court to award additional damages under Section 97(2) of the Copyright, Designs and Patents Act 1998?
Read moreWill an entire agreement clause exclude claims for misrepresentation?
Will an entire agreement clause exclude claims for misrepresentation?
Read moreUBS v Rose Capital Ventures Limited and others
Is there a duty to act rationally and in good faith when exercising a contractual right without cause (the Braganza duty)?
Read moreGovernment announces plans to prohibit certain contractual termination clauses
Which termination clauses will likely be prohibited by any new legislation?
Read moreHow will the Court view 'letters of intent' pending final agreements being concluded?
What approach does the Court take in relation to the “letters of intent” pending final agreements being concluded?
Read moreGuarantees and Indemnities and whether liquidated damages clauses amount to unenforceable penalties?
Do liquidated damages clauses amount to unenforceable penalties? What is the difference between a guarantee and indemnity?
Read moreFailing to honour a gift promotion – ASA ruling against Superdrug
What happens if you run out of gift stock so you can’t honour a promotion? Put another way, what must you do to ensure promotions are administered fairly?
Read moreConsultation on age and identity verification
What are the new age and identity verification rules that the Gambling Commission proposes to introduce?
Read moreASA announcement on prize winners rule under the GDPR
Are promoters still required to publish the details of prize winners? How does this sit with the GDPR?
Read moreCoco’s revenge – ASA reverses Kellogg’s HFSS decision
Can a brand-generated character known for advertising HFSS products be used to promote a non-HFSS product to children?
Read moreUnder an obligation to repost an article you’ve written? You may need #ad – ASA rules against Platinum Gaming Ltd t/a Unibet
When should a twitter post promoting a blog be classed as an ad, meaning that it should be clearly labelled as such?
Read moreCAP tips on social media prize promotions
What steps do you need to take to run a compliant prize promotion on social media?
Read more#Ad-vice for influencers and brands
How to comply with CAP’s new Influencer’s Guide?
Read more“By your side” claim not misleading – Lloyds Bank
How do you distinguish between advertising “puffery” and a misleading ad?
Read moreSavings claims not substantiated and significant limitations omitted – Laura Ashley Ltd
How careful do you need to be in substantiating savings claims? And in what circumstances can you extend a promotional closing date?
Read moreCAP issues new guidance on RRP comparisons
Advertisements using comparisons against recommended retail prices (RRP) have long been the norm, but advertisers should be aware that these price comparisons may mislead customers if the RRP differs significantly from the price at which the product or service is generally sold.
Read moreASA issues guidance on HFSS media placement
How can ads avoid falling foul of the CAP Code’s HFSS restrictions?
Read morePlacing HFSS ads too close to schools
How close is too close when advertising an HFSS ad near a school? And what falls under the meaning of school?
Read moreNew CAP Code rules on the use of data for marketing
How have the Committee of Advertising Practice’s (CAP) rules on the use of data for marketing changed as a result of the General Data Protection Regulation (GDPR)?
Read moreThe EU fights “fake news”
What will the EU’s code of practice on disinformation mean for tech companies?
Read moreUnjustified Geoblocking Regulation
Can a business block EU consumers from accessing their website to purchase goods or services?
Read moreMisrepresentations during the selling process
At what point do misleading statements in a selling process become misrepresentations?
Read moreViagogo ordered to provide better information on ticket purchasing
What steps will Viagogo be required to take in order to better protect consumers and what does this mean for the company and its consumers?
Read moreAmended UK consumer regulations in advance of Brexit
What consumer protection provisions are being put in place to prepare for Brexit?
Read more"Google You Owe Us” class action blocked – Richard Lloyd v Google LLC
Do you need to show relevant damage for a claim under the Data Protection Act 1998 (DPA)? Can a class action succeed if the members of the class cannot be readily ascertained or be said to share the same interest? Put another way, what are the restrictions on bringing an action for damages under the DPA?
Read moreVarious Claimants v WM Morrisons Supermarket PLC
Can a business be held vicariously liable for the actions of an employee who deliberately breaches its data protection policies and data protection law?
Read moreFacebook ordered to reveal who requested deletion of deceased’s profile – Sabados v Facebook Ireland
Where a social media company has completed a request from an unknown person to delete a deceased’s profile and refused to tell the deceased’s partner, can a Norwich Pharmacal order be used to disclose the identity?
Read moreSix month imprisonment in first ICO computer misuse act prosecution
Is the Information Commissioner’s Office (ICO) extending the scope and severity of its enforcement powers?
Read moreBupa fined for systemic data protection failures
What if an employee goes rogue with your personal data? Will you be able to show effective oversight measures including monitoring of employee access to databases?
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