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No returns for M&S following Supreme Court ruling
The Supreme Court has upheld the decision of the Court of Appeal in the case of Marks and Spencer plc (M&S) v BNP Paribas Securities Trust Company (Jersey) Ltd (BNPP).
Read morePRA fines bank for outsourcing failures
Last week, the PRA announced that it had imposed a fine of over £1.2 million on R. Raphael & Sons plc.
Read moreDiscovery assessments - HMRC fails to discharge burden of proof
The following is taken from an article originally published in Tax Journal
Read moreFCA frustrated by continuing shortcomings in wealth management sector but must accept subtleties of suitability
The FCA's thematic review report published today expresses concern about some wealth management firms who are still not getting suitability right despite five years of regulatory 'communications'.
Read moreLawyer v lawyer: where there's blame there's a claim?
Dissatisfied clients of law firms have probably never had so many ways to complain about their solicitor.
Read moreChina's Two Child Policy: Too Little Too Late?
Announced in a very 21st century way, China's official news agency recently tweeted that China will be implementing a policy allowing couples to have two children.
Read moreSerbian forum shopper in disclosure breach of duty has privacy and libel action struck out
On 23 November 2015 Sir Michael Tugendhat set aside an order for service out of the jurisdiction of proceedings for the misuse of private information and libel which had been made by Master Roberts on 31 March 2015 in respect of an article in Politika,
Read moreThe Supreme Court restates the rule on penalties
The Supreme Court has recast the test for penalties to bring it into line with modern commercial practices. The new test is less formalistic and leaves the courts with greater discretion to look at the commercial rationale for a clause.
Read moreDelegation of regulated activities – warning from the FCA
Adviser firms delegating regulated activities to unregulated third parties have been removed from the FCA's Christmas card list following a notice issued this week.
Read moreFCA has increasing appetite to use alternative enforcement penalties
In a recent appearance before the Treasury Select Committee the FCA has hinted that it may make further use of its restriction and suspension powers as an alternative as well as an addition to the power to impose financial penalties.
Read moreHigh Court clarifies scope of duties owed by directors to shareholders
The High Court has struck out a number of claims brought by shareholders in what was, in 2008, Lloyds TSB against its directors (Sharp & others v Blank & others).
Read moreEmployees on Social Media - Managing the Risk
Employees who actively use social media can be a fantastic 24/7 dynamic marketing tool for companies.
Read moreSmall businesses; large losses?
On Friday the FCA published a wide ranging discussion paper in which it seeks comments on proposed changes to the way in which it, and the FOS, deals with SME businesses.
Read moreSmall businesses; large losses?
On Friday the FCA published a wide ranging discussion paper in which it seeks comments on proposed changes to the way in which it, and the FOS, deals with SME businesses.
Read moreSquatting: an own goal?
In October 2015, a Manchester hotel undergoing extensive refurbishment works was occupied by squatters and housing activists.
Read moreSupreme Court broadens scope of freezing order wording
A recent decision[1] of the Supreme Court has clarified the scope of the standard form Commercial Court freezing order, holding that the right to draw down monies under a loan agreement can be an "asset" where the extended form freezing order is granted.
Read moreFCA Publish Draft Guidance on Cloud Services
The FCA has recently published draft guidance for firms outsourcing to the cloud and other third party IT services. This comes as part of the FCA's work on "Project Innovate" which aims to tackle issues stifling innovation within the regulatory sector.
Read moreTwitter found unsuitable means of communicating FOI request
The First Tier Tribunal (Information Rights) (the Tribunal) has held that a request under the Freedom of Information Act 2000 made via Twitter is not valid.
Read moreTribunal criticizes HMRC’s refusal to allow retrospective VAT group application
The First-tier Tribunal (in Copthorn Holdings Ltd v HMRC) has asked HMRC to reconsider its decision to refuse a taxpayer’s application for retrospective VAT group registration. This is the second time HMRC have been asked to “think again” on their decision.
Read moreFCA to examine use of big data in insurance
This week, the FCA has issued a "call for inputs" around how insurance firms use big data.
Read moreTim Yeo loses libel action against Sunday Times
The High Court has today dismissed an action by Tim Yeo, the former MP for South Suffolk and Chairman of the Energy and Climate Change Select Committee, against Times Newspapers Limited in an important judgment on the Reynolds defence and the scope of politicians' Article 8 rights.
Read moreSpecial relief granted for excessive tax demand
In Montshiwa v HMRC[1], the First-Tier Tribunal (FTT) allowed the taxpayer's appeal against HMRC's decision not to grant 'special relief' under Schedule 1AB of the Taxes Management Act 1970 (TMA).
Read moreInnovate, influence and inspire – top tips for GCs and in-house lawyers looking to get ahead
What are the key imperatives GCs must consider as they scan the horizon and think about those skills that will best equip them over the coming years?
Read moreCyber fraud - a new hope?
We have previously warned of the threat posed by fraudsters who are targeting solicitors’ client accounts to misappropriate funds (read our blog last February here).
Read moreEmployment update, October 2015
Whistleblowing: A dispute about terms of employment can be a matter of “public interest”
Read moreCyber fraud – a new hope?
We have previously warned of the threat posed by fraudsters who are targeting solicitors’ client accounts to misappropriate funds.
Read moreCofA upholds privacy claim by Paul Weller family
The Court of Appeal has upheld a High Court finding that the publishers of Mail Online infringed the privacy of three of Paul Weller's children by publishing unpixellated pictures of them on a family shopping trip in LA.
Read moreData leaks - a portent of the future?
The Culture, Media and Sport Committee have launched an inquiry in the wake of the recent cyber-attack on the TalkTalk website on 21 October,
Read moreCourt of Appeal upholds estoppel by convention for forgetfulness
In Dixon and another v Blindley Health Investments Ltd[1] the Court of Appeal held that a shareholder was estopped by convention from relying on a pre-emption agreement for the sale of shares which had been agreed by members informally through correspondence some 8 years previously and had since allegedly been forgotten.
Read moreWhen can a company assert legal advice privilege against its shareholders?
A High Court judge recently confirmed the general principle that a company cannot assert legal advice privilege against its shareholders, subject to one exception:
Read moreLimiting your retainer – success before the Court of Appeal for divorce lawyers
Divorce settlements have attracted a number of professional negligence claims recently.
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 edition we highlight some of the key tax developments of interest to UK corporates from the third quarter of 2015.
Read moreTribunal allows private residence relief
In the recent case of Richard James Dutton-Foreshaw v HMRC[1], the First-tier Tribunal (FTT) held that Mr Dutton-Foreshaw (the Appellant) was entitled to claim principal private residence relief (PPR) under section 222 Taxation of Chargeable Gains Act 1992 (TCGA), despite only having lived in the property concerned for seven weeks.
Read morePOPLA likely to be more popular after Supreme Court rejects parking ticket appeal
The Supreme Court decision in ParkingEye v Beavis has attracted much attention, not least because it was all about a £85 parking fine.
Read moreBritish Racing no longer in the fast lane: indemnity costs prevail where costs claimed as damages
In a notable departure from earlier case law, the High Court determined last month in Hawksford Trustees Jersey Ltd v Halliwells LLP (In liquidation) [2015] EWHC 2996 (Ch) that the proper method of assessing costs claimed as damages in the context of proceedings was on the indemnity basis.
Read moreNew sentencing guideline for health and safety offences
In November 2014, the Sentencing Council began consulting on a draft guideline for health and safety offences, corporate manslaughter, and breach of food safety and hygiene regulations.
Read moreSkilled persons focus on CASS and Conduct in small firms
The FCA has published statistics on the skilled persons reports commissioned in Q2 2015/16.
Read morePrivileged Information
As every lawyer knows, legal professional privilege is a tricky area and can be hotly contested.
Read moreICO upholds FCA decision not to disclose list of countries posing a high money laundering risk
The Information Commissioner's Office (ICO) has recently published a decision notice in which the ICO has upheld the FCA's decision to refuse to disclose certain information under the Freedom of Information Act 2000 (FOIA) relating to countries which the FCA deems to present a high money laundering risk.
Read more18 months on - the ICO reflects on Google Spain
The ICO has recently blogged on the cases it has received in the year and a half since the Google Spain decision last May.
Read moreCheating or competing: the blurred lines of business
Volkswagen, Forex, LIBOR and Enron. All names that resonate with anyone involved in modern business.
Read moreTribunal considers taxability of VAT repayments and interest
In Coin-a-drink Limited v HMRC [1], the First-tier Tribunal (FTT) considered the ability of HMRC to impose corporation tax on repayments of overpaid VAT and associated interest in the light of EU law.
Read moreLoopholes in the Limitation Act – when will the court finally stop the clock?
Think you're safe after the expiry of the statutory limitation period?
Read moreHealth and safety law update, November 2015
Health and safety law update, November 2015
Read moreBuilt on sand?
At the Treasury's request, the FCA has published plans for a 'regulatory sandbox' in which businesses can play with new, innovative products, services and business models without "all the normal regulatory consequences".
Read moreThe Modern Slavery Act: what you need to know about the new reporting obligation
The Modern Slavery Act 2015 (the Act) came into force on 26 March 2015. At a high level it aims to improve law enforcement tools, strengthen criminal penalties and deliver better protection and support for victims.
Read moreDetention cases up as EU customs seizes €617m worth of goods
According to the "Report on EU Customs Enforcement of Intellectual Property Rights 2014" published by the European Commission, there has been a rise in the number of interceptions of infringing goods by customs at external EU borders.
Read moreDraft Investigatory Powers Bill unveiled
The draft Investigatory Powers Bill was laid before Parliament on Wednesday and leading political figures have already been attempting to calm fears surrounding the so-called 'snooper's charter'.
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