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Snapshot

Supreme Court reaffirms established approach to liquidated damages and the interpretation of “negligence” in liability cap

Published on 25 November 2021. By David Cran, Head of IP and Tech

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Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC

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Snapshot

Non-contractual intentions are relevant to the reasonableness and enforceability of non-compete clauses

Published on 25 November 2021. By David Cran, Head of IP and Tech

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Harcus Sinclair LLP and another v Your Lawyers Ltd [2021] UKSC 32

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Snapshot

Court of Appeal finds no claim for unjust enrichment where it contradicts parties allocation of risk

Published on 25 November 2021. By David Cran, Head of IP and Tech

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Dargamo Holdings Ltd and another v Avonwick Holdings Ltd and others [2021] EWCA Civ 1149

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Snapshot

Government consults on reforms to consumer protection law

Published on 25 November 2021. By Oliver Bray, Senior Partner

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What are the key proposals set out in the BEIS consultation paper for the reform of UK consumer protection regulation?

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Snapshot

CTSI publishes guide on vulnerable consumers

Published on 25 November 2021. By Oliver Bray, Senior Partner

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Will the UK Government bring in more robust legislation to protect vulnerable consumers?

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CMA threatens Groupon with court action over consumer practices

Published on 25 November 2021. By Oliver Bray, Senior Partner

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What are some of the key areas which the CMA focuses on in online marketplaces when assessing compliance with consumer protection regulation?

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Snapshot

UK Government extends deadline to cease using CE marking until 2023

Published on 25 November 2021. By Oliver Bray, Senior Partner

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Why has the UK Government extended the deadline for use of the CE product marking for manufactured goods placed on the market in Great Britain to 1 January 2023?

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Snapshot

ICO releases summary of discussions between G7 data protection authorities

Published on 25 November 2021. By Oliver Bray, Senior Partner

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How will the G7 data protection authorities cooperate in the future and how will this cooperation potentially shape data protection within those countries?

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Snapshot

ICO approves first certification scheme criteria under the GDPR

Published on 25 November 2021. By Oliver Bray, Senior Partner

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How can the Information Commissioner’s Office (ICO) help businesses and other organisations demonstrate that they comply with data protection standards?

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Snapshot

ICO publishes guidance on three standards of Children’s Code

Published on 25 November 2021. By Oliver Bray, Senior Partner

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What must organisations do, or avoid doing, to meet the “best interests of the child”, “detrimental use of data” and “data minimisation” standards of the Children’s Code?

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Snapshot

ICO consults on new draft international data transfer proposals

Published on 25 November 2021. By Oliver Bray, Senior Partner

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What steps are being proposed by the UK’s ICO to protect personal data being transferred outside the UK?

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Snapshot

DCMS consults on plans to reform UK data protection regime

Published on 25 November 2021. By Oliver Bray, Senior Partner

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What does the Government have in mind for the future of the UK’s data compliance landscape?

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Snapshot

DCMS announces post-Brexit global data plan for the UK

Published on 25 November 2021. By Oliver Bray, Senior Partner

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How will the UK become a “business friendly” country for international data transfers?

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Snapshot

DCMS and BEIS consult on new pro-competition regime for digital markets

Published on 25 November 2021. By Oliver Bray, Senior Partner

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What will a future pro-competition regime look like for digital markets and how will it potentially impact businesses operating in the digital marketplace?

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Snapshot

Law Commission publishes reforms targeting serious harm arising from online abuse.

Published on 25 November 2021. By Oliver Bray, Senior Partner

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Will the proposed reforms targeting serious harms arising from online abuse be more effective at criminalising harmful behaviour?

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Snapshot

DCMS publishes policy paper on digital competition regulation

Published on 25 November 2021. By Oliver Bray, Senior Partner

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How does the Government plan to drive growth and innovation in digital technologies?

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Government publishes online safety guidance for businesses

Published on 25 November 2021. By Oliver Bray, Senior Partner

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What are the key issues highlighted by the House of Lords with the Government’s Online Safety Bill?

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Snapshot

NGO submits complaints on allegedly discriminatory algorithms for job ads

Published on 25 November 2021. By Oliver Bray, Senior Partner

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How can online platforms ensure their ad targeting algorithms are non-discriminatory?

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Blog

Equity Commitment Letters – are they enforceable?

Published on 24 November 2021. By David Wallis, Partner

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This blog examines a recent High Court decision relating to the construction of an equity commitment letter and asks just how committed is an equity commitment letter?

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Blog

Crippin – ancillary dwelling qualified for principal private residence relief

Published on 24 November 2021. By Constantine Christofi, Senior Associate

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Ancillary property qualifies for principle private residence relief despite being informally rented to friends.

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Blog

Clutching at draws - whose moral rights are they anyway?

Published on 23 November 2021. By Ben Mark, Partner and Louise Morgan, Senior Associate

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In what amounts to a really bad day at the office for architecture practice, Richard Reid Associates (RRA), the High Court recently refused its applications to: (1) add additional defendants to ongoing proceedings; and (2) amend its pleadings to include additional moral rights infringement and breach of contract claims. To make matters even worse, the original defendant, property developer LME, also succeeded in striking out parts of RRA's original claim. We look at the procedural lessons that can be learnt from the judgment below.

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Podcast

Clearer lines of communication

22 November 2021

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With increasing pressure on HMRC to collect more tax with less resource, it is more important than ever to communicate effectively with HMRC.

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Publication

The Week That Was - 19 November 2021

Published on 19 November 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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

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Publication

RPC Bites #40 - McDonald's wins opposition and dips into Non-Fungible Tokens, border checks on animal and plant-based imports delayed again and the Food and Drink Federation releases its Net Zero Handbook

Published on 17 November 2021. By Ciara Cullen, Partner and Ben Mark, Partner

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Welcome to 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!!

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Blog

What's up with disclosure? The pilot goes into a new phase from November

Published on 17 November 2021. By Daniel Hemming, Partner and Olivia Dhein, Professional Support Lawyer

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November ushers in a brand new phase for the disclosure pilot with several substantive amendments being made to the rules.

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Blog

Shinelock Ltd – payment not deductible as a loan relationship debit

Published on 17 November 2021.

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In Shinelock Ltd v HMRC [2021] UKFTT 320 (TC), the First-tier Tribunal (FTT) decided that a payment made by a company to its former shareholder was not deductible as a loan relationship debit and accordingly there was no non-trading loan relationship deficit (NTLRD) to offset the chargeable gain realised on the disposal of a property.

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Podcast

An introduction to InsurTech (With Sarah Kocianski)

16 November 2021

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Welcome to Insurance Covered. In this episode our guest is Sarah Kocianski, Strategic Insight Lead at Founders Factory, an accelerator that invests in FinTech and InsurTech start-ups. This week we are looking at an introduction to InsurTech's.

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Blog

FCA's Perimeter Report – observations for the insurance market

Published on 15 November 2021. By Jonathan Charwat, Senior Associate

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In late October, the FCA published this year's version of its Perimeter Report. The Perimeter Report is intended to clarify some of the complexities about what the FCA does and does not regulate. It also sets out some areas where the FCA sees potential for customer harm.

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Publication

The Week That Was - 12 November 2021

Published on 12 November 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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

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Blog

English Commercial Court upholds the validity of swap contracts entered into by an Italian local authority

Published on 12 November 2021. By Tim Potts, Senior Associate and Jake Hardy, Partner

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The Commercial Court has found that there was no limitation on the capacity of the Italian local authority Busto di Arsizio to enter into a valid swap contracts with Deutsche Bank.

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Blog

Opening the gateway: Supreme Court favours wide interpretation for service out of the jurisdiction and clarifies rules of pleading foreign law

Published on 11 November 2021. By Davina Given, Partner and Heather Clark, Associate

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In order to sue a defendant who is outside the jurisdiction of the English courts, a claimant must show that damage was sustained in England.

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Publication

Cyber_Bytes - Issue 36

Published on 10 November 2021. 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

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

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Publication

Take 10 #19

10 November 2021

Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.

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Blog

The Supreme Court hands down judgment in Lloyd v Google

Published on 10 November 2021. By David Cran, Head of IP and Tech and Alex Vakil, Partner

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In a keenly anticipated judgment that has significant ramifications for UK data protection, the Supreme Court has today overturned the Court of Appeal's decision in Lloyd v Google and restored the original order made by the High Court, refusing the claimant's application for permission to serve proceedings on Google outside the jurisdiction.

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Blog

Fashion on the Block – taxpayer successful with substance over form argument

Published on 10 November 2021. By Constantine Christofi, Senior Associate

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Erroneous EIS form submitted, SEIS1 required in its place; HMRC alerted to the mistake and told to allow rectification.

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Publication

Sports Ticker (9 November 2021) - Valve's NFT ban, new IPL teams and FaZe Clan going public

Published on 09 November 2021. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate

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During a fortnight which has seen England shine in the T20 World Cup and Glover Teixeira become the oldest first-time champion in UFC history, the Ticker's 50th edition features Valve's ban on NFTs and cryptocurrencies, FaZe Clan's public merger announcement and news of two new teams joining the IPL. We also look at former rugby league players' legal action against the RFL and whether it is the end of the road for the iconic FIFA, EA Sports partnership.

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Podcast

Corporate Crime Reform: A comparative guide

08 November 2021

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In a much anticipated follow up to our previous episode on the Law Commission's consultation on the law of corporate crime in the UK, we are delighted to be joined by Dr Robin Lööf to dive a little deeper into the key issues at the heart of this important topic.

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Publication

Spotlight on Private Wealth - November 2021

Published on 08 November 2021. By Adam Craggs, Partner and Geraldine Elliott, Global Head of Commercial Disputes

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Welcome to Spotlight on Private Wealth. This update is designed to keep you up to speed with developments in the private wealth world. In this edition we explore everything from Royal wills to cryptocurrency.

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Publication

HMRC issues 'nudge' letters to recipients of foreign investment income

Published on 05 November 2021. By Adam Craggs, Partner and Harry Smith, Senior Associate

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HMRC is targeting taxpayers who received foreign investment income in 2019/20, and who, HMRC believes, claimed foreign tax credit relief incorrectly, or at the wrong rates. HMRC has issued 'nudge' letters to taxpayers encouraging them to reconsider their tax position.

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Blog

The Week That Was - 5 November 2021

Published on 05 November 2021. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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

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Blog

Pure Legal interest only mortgage claim struck out

Published on 05 November 2021. By Carina McFadden, Senior Associate and Rachael Healey, Partner

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A claim brought by Pure Legal, who entered administration this week, has been struck out on limitation grounds in a further blow to claims for the alleged mis-selling of interest only mortgages.

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Blog

Court of Appeal holds that uncontroverted expert evidence can be rejected

Published on 04 November 2021. By Parham Kouchikali, Partner

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The Court of Appeal has held that there is no rule that an uncontroverted expert report which complies with CPR PD 35 cannot be impugned in submissions and ultimately rejected by the judge.

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Blog

New guidance on Machine Learning – plenty for humans to learn too

Published on 04 November 2021. By Bonar Whitlock, Trainee Solicitor

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A triumvirate of healthcare regulators has published ten guiding principles (the Principles) concerning the development of Good Machine Learning Practice (GMLP). The Principles shed light on the risks posed by artificial intelligence (AI) products that depend on machine learning. Humans should take note.

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Publication

Tax Bites - November 2021

Published on 04 November 2021. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

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Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.

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Blog

RPC Bites #39 – Alpro in hot water over environmental claims, the ASA reports on social media alcohol ads and Tesco introduces checkout-less stores

Published on 04 November 2021. By Ciara Cullen, Partner and Ben Mark, Partner and Sarah Mountain, Partner and Ellie Ward, Associate and Harpreet Kaur, Associate

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Welcome to 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!!

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Blog

Regulatory Initiative Grid sets out multi-regulator pipeline of planned/ongoing regulatory initiatives in the financial services market

Published on 04 November 2021. By Jon Bartley, Partner and Jonathan Charwat, Senior Associate and Whitney Simpson, Of Counsel

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At the beginning of the week, a number of UK regulators published this year's version of the 'Regulatory Initiatives Grid' which aims to provide a combined pipeline from a number of regulators on ongoing and planned regulatory initiatives affecting the financial services market. Regulators involved include, amongst others, the Financial Conduct Authority, Prudential Regulation Authority, Payments Systems Regulator and Information Commissioners Office.

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Blog

Regulatory Initiative Grid sets out multi-regulator pipeline of planned/ongoing regulatory initiatives in the financial services market

Published on 04 November 2021. By Jon Bartley, Partner and Jonathan Charwat, Senior Associate and Whitney Simpson, Of Counsel

At the beginning of the week, a number of UK regulators published this year's version of the 'Regulatory Initiatives Grid' which aims to provide a combined pipeline from a number of regulators on ongoing and planned regulatory initiatives affecting the financial services market. Regulators involved include, amongst others, the Financial Conduct Authority, Prudential Regulation Authority, Payments Systems Regulator and Information Commissioners Office.

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Blog

GC Field & Sons Ltd – SDLT discovery assessments held to be invalid

Published on 03 November 2021. By Harry Smith, Senior Associate

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Discovery underlying discovery assessment for SDLT planning valid despite change of underlying reasoning, but taxpayer not negligent so appeal upheld.

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Podcast

The Titanic: a tale of insurance (a podcast with Paul Miller)

02 November 2021

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Welcome to Insurance Covered. In this episode our guest is Paul Miller, Senior Consultant at HFG Insurance Recruitment, and we will be discussing the sinking of the Titanic from an insurance perspective.

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Blog

When does an arbitration clause become binding? A reminder from the English High Court in Markel Bermuda Limited v Caesars Entertainment Inc

Published on 02 November 2021. By Paul Baker, Legal Counsel and Sarah Herniman, Associate

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Parties can agree and become bound by an arbitration clause in advance of the finalisation of the remainder of a contract; a recent case in the English High Court concerning an insurance policy has served as a salient reminder. The judgement also includes a thorough walk through of the law as to when an insurance policy comes into existence (Hint: it is not necessarily when the final policy wording is provided to the Insured and/or its broker).

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