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"Fashioning" prior art – CJEU ruling on unregistered Community designs
On reference from the Irish Supreme Court, the Court of Justice of the European (CJEU) has provided further commentary on the scope of prior art required to invalidate an unregistered Community design.
Read moreTrading "with a view to the making of a profit" - an objective or subjective test?
In Beacon Estates (Chepstow) Ltd v HMRC [2014] UKFTT 686 (TC), the First-tier Tribunal (Tax Chamber) ('FTT') allowed the taxpayer's appeal, holding that 'with a view to' in section 393A(3), Income and Corporation Taxes Act 1988 ('ICTA')[1] imports an objective test when considering relief for trading losses.
Read moreCoCos go pop!
In the wake of the banking crisis, the Financial Services Act 2012 gave the FCA a range of new and enhanced powers with which to pursue its regulatory objectives.
Read moreTransfer of corporate profits – update
Earlier in the year I posted a blog on the proposed new anti-avoidance measure, targeted at so-called "profit transfers" from one group company to another.
Read moreDon't delay when requesting a stay under the Community Trade Mark Regulations
In proceedings in which the defendants have already been found liable for passing off and trade mark infringement in respect of the BETTY BOOP trade marks, the High Court has rejected the defendants' application to have the remaining copyright infringement and trade mark invalidity proceedings stayed in favour of earlier, related Italian proceedings.
Read moreHolding back the crowds: How regulators are stifling the crowdfunding industry
Crowdfunding is nothing new. Over the past few years, it has evolved from a little-known and rarely-used concept by which small businesses could raise money, to a truly viable alternative to venture capital.
Read moreHolding back the crowds: How regulators are stifling the crowdfunding industry
Crowdfunding is nothing new. Over the past few years, it has evolved from a little-known and rarely-used concept by which small businesses could raise money, to a truly viable alternative to venture capital.
Read moreThe Rangers Case and EBTs
The following was taken from a longer article by Robert Waterson and Adam Craggs originally published in Tax Journal (25 July 2014, pp16-17, www.taxjournal.com).
Read moreTrust and wealth disputes update
Our latest trust and wealth disputes update is available by clicking here. Topics include:
Read moreReasonable excuse
In the recent case Spink v HMRC[1] the First-tier Tribunal (Tax Chamber) ('FTT') allowed the taxpayer's appeal against the imposition of penalties by HMRC for late payment, as it was satisfied that the taxpayer concerned had a reasonable excuse for the late payment.
Read moreSolicitors beware! Fraudsters want your client account!
A solicitor's client account has long been a target for fraudsters.
Read moreManage your damages expectations! Says the Commercial Court
The Commercial Court recently dampened the Fiat car group's hopes of receiving a loss of profits pay out from Lotus by dismissing its application for summary judgment on a claim for repudiatory breach of contract[1].
Read moreAn enquiry is as an enquiry does – HMRC's narrow interpretation of what constitutes an enquiry is rejected by the Upper Tribunal
The recent case of Portland Gas Storage Limited v The Commissioners for HMRC [2014] UKUT 0270 (TCC), considered two important questions: what is an enquiry? and what is a decision?
Read moreABI proposals on home and motor insurance renewal pricing
The ABI has recently announced that it has written to the FCA setting out its proposals to improve transparency and clarity for customers when renewing their motor and home insurance policies.
Read moreHas the FOS decided Lehman's collapse was not foreseeable; or is that too remote a hope?
Nearly six years have elapsed since we first saw the iconic photographs of Lehman Brothers' employees filing out of the former bank's worldwide headquarters, carrying their belongings in cardboard boxes.
Read moreBe prepared to mediate or prepare to pay
The High Court has ordered costs on an indemnity basis after a continuing and unreasonable failure on the part of the Defendant to engage with mediation before then accepting a Part 36 offer late following trial.
Read moreEnhancing Supervision: How will the FCA's new regulatory model work in the real world?
Readers may recall the FSA's 'close supervision' of firms, which could arise after an ARROW visit if significant failings were identified.
Read moreTax 'tsunami': will litigation wave crash over tax advisers and IFAs as Revenue uses new powers?
New powers which will be introduced via the Finance Act 2014 are leading to investors in tax schemes crystallising their tax losses much sooner than anticipated.
Read moreTaxpayer succeeds in loss relief claim
In Hamilton & Kinneil (Archerfield) Ltd and others v HMRC [2014] UKFTT 350 (TC), the First-tier Tribunal (Tax Chamber) ('FTT') held that a company which had not made a cash capital contribution to a limited liability partnership could nonetheless claim loss relief against its other profits in respect of losses incurred by the limited liability partnership.
Read moreHong Kong: broker commission – proposed rules of conduct
A key provision of the Insurance Companies (Amendment) Bill 2014 is the formation of an independent Insurance Authority (IA) to take over from the Office of the Commissioner of Insurance.
Read moreThe problem with plain cigarette packaging
This interview was first published on Lexis®PSL Commercial on 7 July 2014.
Read moreRepudiation: dentist's breach does not go to the root of the contract
The Court of Appeal has determined that the actual and threatened breach by a dentist of the payment terms (requiring payments to be made monthly) for the use of a practice, was not a repudiation of the contract and the principal was wrong to terminate the contract.
Read morePre-packs – improving a bad reputation?
Pre-packs involve the pre-determined sale of a business before it enters administration, allowing a sale within days of an administrator's appointment.
Read moreHMRC fail to demonstrate negligence in tax planning case
In the case of R, A and M Gardiner v HMRC[1], the First-tier Tribunal (Tax Chamber) ('FTT') overturned penalties imposed by HMRC on the appellant taxpayers for negligently filing their returns.
Read moreJoint defendants, default judgments and the limits of issue estoppel
In proceedings with multiple Defendants in which the Claimant had obtained default judgment against Defendant A, another Defendant, B, (which had statutory joint liability for A's actions) was not bound by an issue estoppel raised by the default judgment against A.
Read moreFOS: for free or not for free?
Should consumers pay a fee to bring a complaint to FOS? FOS handled 2.3m initial enquiries and complaints from consumers in 2013/2014.
Read moreHigh Court gives stamp of approval to retrospective anti-avoidance legislation
A challenge to the lawfulness of the retrospective effect of legislation amending section 45, Finance Act 2003 ('FA 2003'), fell at the first hurdle in a recent application for judicial review heard by Mrs Justice Andrews in R (on the application of St Matthews (West) Ltd and others) v HMRC [2014] EWHC 1848 (Admin).
Read moreKnow your regulator
The importance of good relations with regulators has never been more important.
Read moreAre long stops still a long shot
The long-running debate surrounding long stop time bars rumbles on, with articles appearing in the financial press this week which raise some interesting new points.
Read moreBe careful what you dig for
Beginning a project in an area of archaeological interest can be an historical minefield for both developers and contractors.
Read moreAssessing compensation under cross-undertakings in damages: is remoteness relevant?
In short, yes; compensation under cross-undertakings in damages is assessed using the same rules as assessing damages for breach of contract, i.e. the principles of causation, remoteness and mitigation apply.
Read moreSwap horror – not 'knowledge' for civil limitation
A recent High Court decision (Kays Hotels Ltd v Barclays Bank Plc) has ruled that a firm cannot rely merely on the terms of an interest rate hedging product going against the customer to trigger "knowledge" under section 14A of the Limitation Act 1980 and thus time-bar a civil claim.
Read moreInformation notices suspended by FTT to allow the taxpayers to seek judicial review
In Whitefields Golf Club Ltd & Others v HMRC,[1] the First-tier Tribunal (Tax Chamber) ('FTT') suspended the effect of its decision in relation to information notices issued by HMRC pursuant to paragraph 1, Schedule 36, Finance Act 2008 (the 'information notices') which it had, less than two months earlier, confirmed on appeal.
Read moreWhistleblowing partners – no need to add any mystery ingredient
The Supreme Court has provided welcome clarification of the scope of whistleblowing protection for partners and members of LLPs in the case of Clyde & Co v Bates van Winkelhof[1].
Read moreTwo loans better than one – FTT allows taxpayer's appeal in 'benefit in kind' case
In the recent decision of the First-tier Tribunal (Tax Chamber) (FTT) in Elizabeth Amri v HMRC, the FTT rejected HMRC’s interpretation of the employment-related loan legislation contained in Chapter 7, Part 3, ITEPA 2003 and allowed the taxpayer’s appeal.
Read moreCourt to give clarity on Mitchell?
In order to try and provide much needed clarity on the effects of the Mitchell case on case management, Lord Dyson, the Master of the Rolls, is set to hear three appeals over two days on 16 and 17 June in respect of:
Read moreNew anti-avoidance rule targeting transfers of corporate profits
This year's Finance Bill, which is expected to become law as the Finance Act 2014 in July, introduces a new anti-avoidance measure targeted at businesses operating through a group structure where there is in substance a significant "payment" of profits from one company to another.
Read moreOHIM's position on colour marks is not black and white
OHIM has recently updated its 'Manual of Trade Marks Practice' so as to apply the Common Practice of the Scope of Protection of Black and White Marks (the 'Common Practice').
Read moreTribunal's decision not to follow its previous decision highlights the difficulties with the government's 'follower notice' proposals
In the recent case of Ardmore Construction Limited v HMRC, the First-tier Tribunal (Tax Chamber) ('FTT') dismissed the taxpayer's appeal and chose not to follow its recent decision in Perrin v HMRC.
Read moreCopyright Alert: Browsing Defence
The Court of Justice of the European (CJEU) has today handed down its long awaited decision in the Meltwater[1] case, confirming the general availability of the "browsing defence" to internet users.
Read moreCourt shuts door on challenge to arbitral tribunal's findings
Applicants cannot use s.68 of the Arbitration Act to challenge indirectly the tribunal's finding of fact when they don’t like the decision made.
Read moreThe PRA's Stance on Solvent Schemes of Arrangement & Omnibus II
The Omnibus II directive, which amends the text of the Level 1 Solvency II directive, was finally agreed in March 2014.
Read moreCopycat packaging – time for reform?
The Trading Standards Institute (TSI) has opposed the basis of a consultation by the Department for Business, Innovation and Skills (BIS) on whether to grant a private right of action to businesses that fall victim to copycat packaging.
Read moreHow to get Google to remove outdated links to your personal data
Google has today announced how it intends to deal with the European Court's judgment in the Google Spain case[1].
Read moreHow to succeed in business without losing your mind
We have all been there. We have all felt that thud of dread when an email from that person drops into our inbox.
Read moreAdministrative Court quashes HMRC's refusal to disclose information
In R (on the application of Privacy International) v The Commissioners for HM Revenue and Customs,[1] the Administrative Court has quashed a decision by HMRC that it did not have a duty to disclose information concerning its export control functions.
Read moreGames content rating pricing: TIGA keeps pressure on PEGI
TIGA, the trade association which represents the UK video game industry, has increased the pressure on PEGI, the European game content rating system, to change its pricing policy.
Read moreIs mindfulness good for business?
Ask yourself this question, when did you last take the time to sit still for one minute and completely quiet your mind?
Read moreIgnorance of the lawyer is no excuse
Unsurprisingly, the Court of Appeal has found that inadequate legal representation, like ignorance of the law, is no excuse.
Read more