Search

Entrepreneurs' relief applied to disposal of business premises

Published on 02 February 2022. By Harry Smith, Senior Associate

Entrepreneurs' relief (now Business Asset Disposal Relief) applies to disposal of premises as part of long-term sale of business

SIPPs and FOS - does the Rowanmoor decision change anything?

Published on 02 February 2022. By Rachael Healey, Partner

Last week FOS published a decision it reached last year in a complaint against a SIPP provider involving advised sales. The FOS upheld the complaint, finding that the SIPP provider should have rejected business from the regulated financial adviser, CIB Life and Pensions Limited (CIB), given, broadly, red flags available to the SIPP provider with respect to the operation of CIB's business model including that CIB was not advising on the ultimate investment within the SIPP and as a result such introductions involved a significant risk of consumer detriment. The decision has received quite a bit of press attention - but has it moved the dial for SIPP complaints before FOS or not?

Scope of duty and recovery of losses

Published on 01 February 2022. By Ben Goodier, Partner

A structural engineering designer is not under any duty to avoid or prevent damage to the reputation of a developer.

Lawyers Covered - January 2022

31 January 2022

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

Lawyers Covered - January 2022

31 January 2022

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

Good faith does not go both ways

Published on 31 January 2022. By Tom Toulson, Senior Associate

It is common knowledge that solicitors owe fiduciary duties to their clients but what about the other way around? Do clients owe a duty of good faith to their solicitors (as an implied term of the retainer)?

Fire Risk Assessments - The latest developments

Published on 31 January 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner and Lucy Cadwallader, Associate

The British Standards Institution has published PAS 9980:2022, the new code of practice for fire risk appraisals of external wall construction and cladding of existing blocks of flats.

The Week That Was - 28 January 2022

Published on 28 January 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

Sports Ticker (28 January 2022) - Premiership Rugby's ITV union, Southgate crypto nightmare and Microsoft esports deal - a speed-read of commercial updates from the sports world

Published on 28 January 2022. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate

In a fortnight which has seen Nick Kyrgios enjoy his home crowd at the Australian Open and Premier League stars light up the African Cup of Nations, we feature Microsoft's plans to acquire Activision Blizzard, the Premier League's pandemic postponement rules and ITV's broadcasting deal with Premiership Rugby. We also look at Southgate's crypto scam response, F1's sprint event stalemate and the Exeter Chiefs rebrand.

V@ Update – January 2022

Published on 27 January 2022. By Adam Craggs, Partner

Welcome to the January 2022 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.

Visa navigate the Amazon

Published on 27 January 2022. By Henry Priestley, Partner and Ellie Ward, Associate

Amazon recently halted its decision to stop accepting Visa credit card payments for UK customers on January 19th. The decision to prohibit the use of Visa credit cards was initially enacted due to a dispute that arose over payment fees levied by card issuers.

Cyber_Bytes - Issue 38

Published on 26 January 2022. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Senior Associate and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

We are back following a short seasonal break and hope you enjoy this latest edition of Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

Quinn – Taxpayer entitled to claim enhanced research and development relief

Published on 26 January 2022.

In Quinn (London) Ltd v HMRC [2021] UKFTT 0437 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal against HMRC's decision to refuse its claims for enhanced research and development relief (enhanced R&D relief), on the basis that the claimed expenditure was “subsidised” within the meaning of section 1138(1)(c), Corporation Tax Act 2009 (CTA 2009).

The Week That Was - 21 January 2022

Published on 21 January 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

The Food, Beverage and Cosmetics Law Review: United Kingdom

Published on 20 January 2022. By Ciara Cullen, Partner and Ben Mark, Partner

RPC is excited to announce that the UK chapter of the very first Food, Beverage and Cosmetics Law Review has been published and is available to download.

A look at sustainable insurance (a podcast with Julian Richardson)

20 January 2022

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Julian Richardson, CEO of Parhelion Underwriting and our topic for this episode is sustainable insurance.

A look at sustainable insurance (a podcast with Julian Richardson)

20 January 2022

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Julian Richardson, CEO of Parhelion Underwriting and our topic for this episode is sustainable insurance.

High Court dismisses application for extension of limitation period on basis of fraud at summary judgment stage

Published on 20 January 2022. By Jake Hardy, Partner and Christopher Wheatley , Senior Associate

In Libyan Investment Authority v Credit Suisse International & Ors ([2021] EWHC 2684 (Comm), the Commercial Court granted summary judgment dismissing the Libyan Investment Authority's (LIA's) claims against Credit Suisse International (Credit Suisse) and others on the grounds that they were time-barred.

RPC Bites New Year Bumper Issue– M&S v Aldi (again), Bitcoin and pizza is not a welcome combo for the ASA and a green start to 2022 for Morrisons and McDonalds

Published on 19 January 2022. By Ciara Cullen, Partner and Ben Mark, Partner

Happy New Year and welcome to our New Year Bumper Edition of 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!

Minstrell Recruitment – HMRC not required to disclose the names of its officers involved in a Gross Payment Status revocation decision

Published on 19 January 2022. By Constantine Christofi, Senior Associate

In Minstrell Recruitment Ltd v HMRC [2021] UKFTT 0344 (TC), the First-tier Tribunal (FTT) held that HMRC need not disclose the names of the HMRC officers involved in making a gross payment status (GPS) revocation decision where that decision had been successfully appealed, for the purpose of determining whether HMRC had acted unreasonably in the conduct of that appeal.

National Security and Investment Act – is my transaction in scope?

Published on 18 January 2022. By Neil Brown, Partner

The National Security and Investment Act (the NSAI) came into force on 4 January 2022. This 2 minute read aims to give a short checklist of questions to help determine whether a transaction might be in scope of the NSAI.

Snapshots Winter 2021

Published on 17 January 2022. By Oliver Bray, Senior Partner

A roundup of key legal developments for the modern commercial lawyer.

RICS revised Rules of Conduct – coming soon

Published on 17 January 2022. By Alexandra Anderson, Partner and Katharine Cusack, Partner and Emrys Moore, Associate

The RICS's new Rules of Conduct are due to come into force on 2 February 2022. The rules combine the previously separate codes for individuals and firms in force since 2007 with the Global Professional and Ethical Principles from 2009, with the intention of providing a single, concise summary of all relevant principles, in order to allow RICS member firms and clients to understand what good professional practice looks like.

Hong Kong Employment: Settlement Agreements

Published on 17 January 2022. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

International news has recently been filled with talk about settlement agreements – in particular, a settlement agreement concerning Prince Andrew. How should a settlement agreement be prepared under the laws of Hong Kong? In this article, we will consider what should be included in a settlement agreement in the context of an employment relationship.

Apple’s changes in privacy settings results in Snap shareholder class action

17 January 2022

The Week That Was - 14 January 2022

Published on 14 January 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

Sports Ticker (14 January 2022) - Djokovic's Australian visa row, Arsenal's ASA reprimand and Ferrari's NFT foray - a speed-read of commercial updates from the sports world

Published on 14 January 2022. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate

During a fortnight which has seen Peter "Snakebite" Wright secure his second victory at the PDC World Darts Championship, the Premier League obtain summary judgment against PPL in the Commercial Court and the Tampa Bay Buccaneers' Antonio Brown bizarrely exit the MetLife Stadium leading to the termination of his contract with the franchise, we feature the latest on Djokovic's Australian Open debacle, the passing off claim made against "The Good, the Bad and the Rugby" podcast and the salary cap investigation into Premiership Rugby league-leaders Leicester Tigers. We also take a look at Ferrari's foray into the ever-expanding NFT metaverse, the censorship of Arsenal's crypto adverts and the New York Times' acquisition of The Athletic.

RPC Insurtech in brief - January 2022

Published on 14 January 2022. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Lauren Murphy, Associate and Marsha Williamson, Senior Associate

Welcome to the January edition from RPC of Insurtech in brief, providing you with a handful of snappy monthly updates from the industry.

Corporate tax update – January 2022

Published on 13 January 2022. By Ben Roberts, Partner

Welcome to the latest edition of our Corporate Tax Update, written by members of RPC's tax team. As this edition is the first of the New Year we hope that you, your family and friends had a restful and enjoyable end to 2021.

JTC - Escrow agreement set aside on basis of mistake

Published on 12 January 2022. By Harry Smith, Senior Associate

Rescission granted of pension arrangements with tax impact due to incorrect advice for temporary UK non-resident moving to UAE.

Annual Insurance Review 2022

10 January 2022

Welcome to RPC's 2022 annual insurance review – a look back at the events that shaped the insurance market in 2021 and a look forward towards what to expect in 2022.

Parametric innovation in travel insurance (a podcast with Carl Carter)

10 January 2022

Welcome to Season 3 of Insurance Covered, the podcast that covers everything insurance. In our first episode of the year Peter is joined by Carl Carter, UK Country CEO at CPP Group UK and our topic for this episode is parametric insurance and its applications in travel insurance.

Limitation Act 1980 s.32(1): whether a claimant could have discovered fraud with "reasonable diligence" extends to events prior to accrual of the cause of action

Published on 06 January 2022. By Carolin Ayres, Associate and Jonathan Cary, Partner

The High Court found that, when considering the postponement of the limitation period for the purposes of Section 32(1) of the Limitation Act 1980, the question of whether the claimant could have discovered the fraud with "reasonable diligence" extends to the period before the claimant suffered a loss.

McDonald's battles to protect its 'Mc'-family

Published on 06 January 2022. By Ben Mark, Partner and Sarah Mountain, Partner and Ellie Ward, Associate

McDonald's has successfully defended its 'Mc' branding, following an application by Children's Cancer Aid Limited (CCA) to register 'MCVEGAN' as a trade mark (the Application).

Is your phone tracking you? Perhaps, but it is a mere witness to your whereabouts according to the Court of Appeal

Published on 06 January 2022. By Rosy Gibson, Associate and Parham Kouchikali, Partner

In EUI Ltd v UK Vodaphone Ltd(1) a claimant insurance company sought a Norwich Pharmacal order for mobile phone records to prove that an insurance claim had been falsely made.

Kishore – Court of Appeal rejects HMRC's strike out application

Published on 05 January 2022.

In HMRC v Dhalomal Kishore [2021] EWCA Civ 1565, the Court of Appeal rejected HMRC's application to strike out the taxpayer's grounds of appeal against penalties for inaccuracies in VAT returns, as the application was an abuse of process.

Weighty issues for diet app developers

Published on 04 January 2022.

2022 is set to be the year of the diet app. The distinction between what is a mere lifestyle app and what should in fact be a regulated medical product or service can be difficult to assess.

Weighty issues for diet app developers

Published on 04 January 2022.

2022 is set to be the year of the diet app. The distinction between what is a mere lifestyle app and what should in fact be a regulated medical product or service can be difficult to assess.

The Future of Insolvency Regulation

Published on 04 January 2022. By Rachael Healey, Partner

On 21 December 2021 the Government launched a consultation into the future of insolvency regulation. The changes proposed in the consultation document will have a wide ranging impact on the insolvency profession (and its insurers) with the proposals including: the direct regulation of insolvency firms, the introduction of a single regulatory body with powers to order compensation against insolvency practitioners and firms, a new additional requirements regime, changes to the bond regime and a public register of insolvency practitioners and firms. Many of the changes proposed require primary legislation and so it may be some time before the changes to take effect (if adopted). But there does appear to be some wind behind these proposals given they follow on from the Call for Evidence in 2019 and a more general focus on insolvency issues in the wake of the Covid-19 pandemic.

Sports Ticker (23 December 2021) - Women's Rugby Association, 2022 Winter Olympics boycotts and F1's thrilling finale - a speed-read of commercial updates from the sports world

Published on 23 December 2021. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate

With Christmas only round the corner, the past fortnight has been particularly busy for the world of sport. With Premier League and EFL clubs choosing to fulfil festive fixtures despite ongoing COVID-19 disruption, this final Sports Ticker for 2021 features the controversial finale in the F1 season, World Rugby's NFT launch, and the formation of the Women's Rugby Association. We also take a look at a potential legal loophole on pitch invaders in women's football, diplomatic boycotts of the 2022 Winter Olympics, as well as Arctos Sports' private equity investment in the NHL. As always, if there are any issues on which you'd like more information (or if you have any questions or feedback), please do let us know or get in touch with your usual contact at RPC. The RPC Sports group wishes you a very merry Christmas and a happy New Year!

Lawyers Covered - December 2021

23 December 2021

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

Lawyers Covered - December 2021

23 December 2021

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

FCA consults on British Steel redress scheme

Published on 22 December 2021. By David Allinson, Partner

The FCA intends to open consultation on an industry wide redress scheme covering British Steel Pension transfers. This is perhaps the only option left for the regulator, but a redress scheme will heap further pressure on an area of the advice industry that is already under fire.

Quarterly Contentious Tax Review – Winter 2021

Published on 22 December 2021. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

HMRC has extensive powers to require information and documentation from taxpayers. These powers were bolstered in the last Finance Act to include financial institution notices. Failure to comply with information notices can attract penalties. The most severe penalties are those imposed by the Upper Tribunal (UT). We examine, below, HMRC's increasing use of these powers, together with HMRC's penchant for 'nudge' letters and recent developments in the application of the transfer of assets abroad (TOAA) provisions.

A look at Flood Re (a podcast with Andy Bord)

22 December 2021

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Andy Bord, CEO of Flood Re, a specialist UK reinsurer of flood risks. In this episode we will be discussing all things Flood Re.

A look at Flood Re (a podcast with Andy Bord)

22 December 2021

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Andy Bord, CEO of Flood Re, a specialist UK reinsurer of flood risks. In this episode we will be discussing all things Flood Re.

Home Alone: the birth of a lawyer

Published on 21 December 2021. By Peter Mansfield, Partner

Partner Peter Mansfield reveals the shocking truth about the iconic Christmas movie Home Alone.

High Court clarifies new witness evidence rules and requirement for list of documents under Practice Direction 57AC

Published on 20 December 2021. By Daniel Hemming, Partner and Sophie Parkinson, Trainee Solicitor

Only list the documents used to refresh the memory of the witness, use the statement of best practice as a checklist and follow the principles of the practice direction: these are some of the main points arising out of the decision in Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2747 (TCC), the first decision to give substantial guidance on the new witness statement rules under Practice Direction (PD) 57 AC.

Regulatory update - December 2021

20 December 2021

Welcome to the December edition of the Regulatory update, which pulls together recent developments from across the UK’s regulators to help you navigate the regulatory maze.

Reputation management: the vital difference between reacting and responding

20 December 2021

Warren Buffet once quipped, "It takes 20 years to build a reputation and only 5 minutes to ruin it". The potential impact of reputational damage can be significant during litigation, or a commercial dispute. Understanding when to react and how to respond, can make all the difference.