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Expion: No valid determination of penalties by HMRC
In Expion Silverstone Ltd v HMRC [2018] UKFTT 0460 (TC), the First-tier Tribunal (FTT) has held that no valid determination was made by an officer of the board under section 100, Taxes Management Act 1970 (TMA), in respect of penalties issued following the failure to file Employment Intermediaries returns.
Read moreNon-reliance clauses under UCTA
Is a non-reliance statement subject to section 3 of the Misrepresentation Act 1967 and therefore also subject to the reasonableness test contained in the Unfair Contract Terms Act 1977 (UCTA)?
Read moreTees Esk & Wear Valleys NHS Foundation Trust v Three Valleys Healthcare Ltd
How much detail must be included within a notice for it to be valid?
Read moreBou-Simon v BGC Brokers LP
When implying terms into a commercial contract, does the court look to what is fair or to the express terms agreed by the parties?
Read moreExclusion clauses under UCTA
Will an exclusion clause which excludes any claim for negligence stand up to the UCTA reasonableness test?
Read moreProposed legislation looks to prohibit or restrict the assignment of receivables
How might the Government’s proposed legislation regarding business contract terms prohibit or restrict the assignment of receivables under commercial agreements?
Read moreRelying on force majeure to terminate a contract
In which circumstances can you rely on a force majeure clause to terminate an agreement?
Read more＜連載コラム・欧州Ｍ＆Ａ最前線＞2018年７月
日本と違いロンドンでは気候が変わり、全般的にずいぶんと涼しくなった。この夏は長く異例の暑さったが、Ｍ＆Ａ市場もそれに負けない熱気を帯びた。当社各部門も多忙を極め、今なお次々とＭ＆Ａや投資の取引が成立している。今のところ、この活況は夏が終わっても続きそうな勢いだ。（ナイジェル・コリンズ／Ｍ＆Ａ専門弁護士）
Read moreTreasury Committee Calls for Cryptocurrencies to be Regulated by the FCA as a Matter of Urgency
The House of Commons' Treasury Committee published its report on Crypto-assets on 19 September 2018. The report strongly recommends that cryptocurrencies and ICOs be considered regulated activities in the UK as a matter of urgency. But realistically, when can we expect the crypto-market to be regulated in the UK?
Read moreSection 1782 order allowed
The Commercial Court recently discharged an injunction restraining the enforcement of a US court order made under Section 1782 of Title 28 of the US Code (Assistance to foreign and international tribunals and to litigants before such tribunals). Section 1782 applications can be a useful weapon in an English litigator's armoury as a means of obtaining evidence under the control of a US-based entity through US-style discovery, including by the use of depositions and documentary evidence.
Read moreThe Modern Slavery Act 2015 – Under Review
Earlier this summer the Home Office announced plans to launch an independent review of the Modern Slavery Act 2015. The Act came into force in October 2015 and established the UK as a world leader in the fight against the crime of modern slavery.
Read moreGraham - holiday letting business qualified for business property relief
In The Personal Representatives of Grace Joyce Graham (deceased) v HMRC [2018] UKFTT 0306 (TC), the First-tier Tribunal (FTT) has held that a furnished holiday letting business did not consist wholly or mainly of making or holding investments and so qualified for business property relief (BPR).
Read moreNegligent misstatement and undisclosed principals – a gamble not worth taking
The Supreme Court recently ruled that a bank providing a reference relating to its customer owed a tortious duty of care only to the addressee. The decision reflects the wider judicial trend of restricting the circumstances in which duties of care for negligent misstatement are found to exist on the basis of an assumption of responsibility by the party making the statement.
Read moreArmstrong: Tribunal cancels late filing penalties
In Armstrong v HMRC [2018] UKFTT 0404 (TC), the First-tier Tribunal (FTT) has cancelled late filing penalties because the taxpayer had not consented to receive penalty notices electronically.
Read moreImplications of the Modern Slavery Act 2015 on UK and overseas businesses
Partner Jeremy Drew and Amelia Cave discuss the current Modern Slavery Act 2015 and why businesses in the UK and overseas should be mindful of its provisions.
Read moreOur latest legal 'Snapshot' updates are now available
Each Snapshot focuses on the key questions: What's the development? Why does it matter? And what should you be doing about it? In this blog post we have handpicked the ones which matter most to you as retailers.
Read moreTax update September 2018
In this month’s update we report on HMRC’s updated position regarding payment of the April 2019 “loan charge”, HMRC’s updated guidance on the targeted anti-avoidance rule for close company distributions on a winding up and the CIOT’s comments on off-payroll working in the private sector. We also comment on recent decisions relating to, late filing penalties, an application by HMRC to amend its Statement of Case and tax geared penalties for failure to comply with information notices.
Read moreBreaking news – a victory for privilege
Today the Court of Appeal handed down its eagerly anticipated judgment in the appeal of Andrews J's controversial High Court decision in Serious Fraud Office v Eurasian Natural Resources Corporation.
Read moreISDA agreement wins jurisdiction clause battle in Court of Appeal
The Court of Appeal recently confirmed that an English jurisdiction clause in the underlying International Swaps and Derivatives Association Master Agreement under which certain swaps were made should be applied to disputes relating to the swap transactions, rather than an Italian jurisdiction clause in a competitor agreement governing the parties' generic relationship
Read moreCorporate tax update
Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team and published quarterly. In this second 2018 edition we highlight some of the key tax developments of interest to UK corporates from the second quarter of 2018.
Read morePertemps: Expenses salary sacrifice scheme not an economic activity for VAT purposes
In Pertemps Limited v HMRC [2018] UKFTT 0369 (TC), the First-tier Tribunal (FTT) has held that a salary sacrifice scheme providing travel and subsistence expenses to employees was not an economic activity for VAT purposes.
Read moreProduct liability update August 2018
A round-up of key stories making the news, from the Potential impact of US litigation in the UK to a case involving injuries arising from caustic soda.
Read moreFake news is bad news for patients
Gee v DePuy International Limited shows that fake news in the healthcare sector is bad news for the public
Read moreVAT update August 2018
In this month’s update we report on HMRC’s revised guidance on the VAT cost share exemption, HMRC’s consultation and plans to address VAT avoidance via offshore looping, and making tax digital for VAT.
Read moreThe Retail empire strikes back
Like Rocky in Rocky I, II, III, IV, V and "Rocky Balboa" (yes, there were really that many) the retail sector has taken a bit of a battering of late. However, like any prize fighter, the industry could be on the verge of another evolution and fighting back. The general perception is that traditional bricks and mortar retailers have struggled, those with a strong online offering have fared better, but retailers that have fared best are those dominating the online retail space. With so many traditional stores and household names in trouble, why are businesses still investing in physical stores?
Read moreCustoms and excise quarterly update August 2018
In this update we report on changes to gaming duty accounting periods, HMRC’s policy paper on tobacco duty on heated tobacco and an amendment to the Export (Penalty) Regulations 2003. We also comment on three recent cases relating to the customs classification of Beyblades, excise duty assessment time limits and restoration of seized tobacco.
Read moreHow long does your collateral warranty last?
The Technology and Construction Court's recent judgment will be of interest to all those in the industry who either provide or receive collateral warranties.
Read moreFootball club's entire agreement clause performs impressive save against negligent misrepresentation claim
A recent case(1) serves as a lesson that context is key to a watertight entire agreement clause.
Read moreJ P Whitter - HMRC not obliged to consider impact of cancellation of Gross Payment Status on business
In J P Whitter (Water Well Engineers) Ltd v HMRC [2018] UKSC 31, the Supreme Court has confirmed the view of the Court of Appeal that HMRC has the power to remove 'Gross Payment Status' from sub-contractors under the Construction Industry Scheme, without an obligation to take into account the impact on the tax-paying business.
Read more＜連載コラム・欧州Ｍ＆Ａ最前線＞2018年６月
サッカーのワールドカップ（Ｗ杯）で、イングランドと日本が共に見事な活躍を見せ、熱い感動を与えてくれた後、ロンドンで夏のきらめきを楽しんでいる。「もしあのとき…」という思いが胸を過ぎる。日本が後半戦の最後の10秒に、ベルギーを振り切っていたら。イングランドが前半で、クロアチアから奪った得点を守っていたら。日本の会社に例えるならば、千載一遇のチャンスを逃さないことが、ビジネスを成功に導くのだと思う。
Read moreNon-party access to documents on court file: normal service resumes
A master's decision to allow a non-party to proceedings to access a wide range of documents in the proceedings was reviewed by the Court of Appeal in Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Group).(1) In its judgment, the court provided helpful guidance on the principles that should be applied when deciding whether to allow such an application.
Read moreGroves – Tribunal confirms that a notice to file must be given by an identified HMRC officer
In Groves v HMRC [2018] UKFTT 0311 (TC), the First-tier Tribunal (FTT) has allowed the taxpayer's appeal against penalties issued by HMRC pursuant to Schedule 55, Finance Act 2009, for the late filing of a tax return as the notice to file was not signed by an "Officer of the Board" and in any event, the notice was invalid as it was not given by HMRC for the purpose(s) set out in section 8, Taxes Management Act 1970 (TMA) and therefore any penalties issued for late filing of the return were invalid.
Read moreThe latest results, threats & opportunities for insurers
Partner Richard Breavington shares his views on the challenges for insurers in a post-GDPR world, the most valuable changes in technology for insurers and the most exciting thing about the world of InsurTech.
Read moreWealth and trusts quarterly digest
Welcome to our latest Wealth & Trusts digest. Our quarterly digest is specifically tailored for you and aims to provide up to date commentary, analysis and guidance on key sector developments. It is written by our wealth and trusts teams to assist you and your clients in responding to market trends and legal developments. We would welcome the opportunity to discuss any issues you may have and always welcome feedback on the content of our publications.
Read morePension watchdogs launch joint advertising campaign to warn against scammer tactics
The Financial Conduct Authority and The Pensions Regulator have launched a joint TV advertising campaign to raise awareness about pension scams and the common tactics deployed by fraudsters.
Read moreThe W&I tool in M&A
Neil Brown and Joy Tickler highlight the increasing use of warranty and indemnity insurance by M&A negotiators. Its use has rapidly increased over the past few years, becoming a strategic tool in the toolbox of any M&A negotiator. We set out here the reasons behind this ever-increasing trend, together with some of our observations on how W&I has been effectively deployed.
Read moreLetters of Credit under commodity contracts – keep the focus
This blog takes a look at the issues concerning the timing of the provision of letters of credit under commodity contracts and the importance, from both the buyer's and seller's perspective, of keeping an "eye on the ball".
Read moreDr Bawa-Garba wins appeal against strike off
On Monday, the Court of Appeal unanimously found in Dr Bawa Garba's favour meaning she now is able to seek work as a Junior Doctor.
Read moreHas Instagram made it cool to be sensible?
Recent studies suggest that teenage rebellion is a thing of the past. The post-millennial age group, a.k.a. 'Generation Sensible', is apparently more interested in studying and family-time than ever before. Social media has been cited as a contributing factor, as it reduces the need for face-to-face contact between friends. But has it had a more active role in this behavioural shift?
Read moreA variation on a theme of settlement
In this unusual case, the Court was asked to determine a dispute regarding the settlement of a debt alleged to be owed to the Claimant following a sale at Sotheby's of various Persian antiquities. The case will be of interest to practitioners in its examination of the circumstances in which a party is able to discharge its liability under a settlement agreement through the payment of a lesser sum than that originally agreed. The judgment also provides a valuable insight into the antiquities world, and its comments on the close community in which the parties operated are particularly pertinent for those in the art arena who are considering embarking upon litigation.
Read moreUpdate: Automated and Electric Vehicles Act 2018
New legislation relating to automated vehicles clarifies liability issues and insurance coverage, and adds provisions relating to electric vehicles.
Read moreSnapshots - Summer 2018
This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.
Read moreTrustees of defined benefit schemes – are they on the hook for pension transfers? Yes says the Pension Ombudsman
The Pension Ombudsman has upheld a complaint against the trustees of a defined benefit scheme for failing to warn of the risks of a transfer to a pension liberation scheme. The Pension Ombudsman found that had the trustees provided documentation recommended under guidance from the Pension Regulator and identified and warned the member of certain hallmarks of a pension liberation scheme, the member would not have transferred his pension. The Pension Ombudsman has directed the trustees to reinstate the complainant's pension in the defined benefit scheme and pay £1,000 in distress and inconvenience.
Read moreGeneral liability newsletter July 2018
The latest general liability news coming out of the courts.
Read moreASA refers Viagogo to Trading Standards for misleading advertising
How likely is the ASA to impose further sanctions when an entity fails to act upon the ASA's instructions?
Read moreASA: omission of promotional T&Cs: prettylittlething
What information must be included in the main body of an advert?
Read moreASA: "our best prices" claim misleading – Sky UK
What does "our best prices" actually mean? Does it mean our best prices for the relevant products at the time the ad appears? Or does it mean our best "ever" prices or our best prices for a "reasonable" amount of time before the offer?
Read moreCAP consults on harmful gender stereotypes
The Committee of Advertising Practice (CAP) has launched a public consultation on a new rule to tackle harmful gender stereotypes in advertising, as well as guidance to advertisers on how the new rule should be interpreted in practice.
Read moreAdvertised delivery restrictions and surcharges: CAP Enforcement Notice
How careful do you need to be about making delivery claims like “Free UK Delivery”? Can you bury additional delivery charges for (say) the Scottish Isles in your T&Cs when making such an absolute claim? (Quick answer = no!).
Read moreASA: "was" prices did not represent genuine savings against usual selling prices - Currys
Can "was" prices be used in ads if the prices claimed were used many months before the promotion?
Read more