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Supreme Court reaffirms established approach to liquidated damages and the interpretation of “negligence” in liability cap
Triple Point Technology Inc v PTT Public Company Ltd [2021] UKSC
Read moreNon-contractual intentions are relevant to the reasonableness and enforceability of non-compete clauses
Harcus Sinclair LLP and another v Your Lawyers Ltd [2021] UKSC 32
Read moreCourt of Appeal finds no claim for unjust enrichment where it contradicts parties allocation of risk
Dargamo Holdings Ltd and another v Avonwick Holdings Ltd and others [2021] EWCA Civ 1149
Read moreGovernment consults on reforms to consumer protection law
What are the key proposals set out in the BEIS consultation paper for the reform of UK consumer protection regulation?
Read moreCTSI publishes guide on vulnerable consumers
Will the UK Government bring in more robust legislation to protect vulnerable consumers?
Read moreCMA threatens Groupon with court action over consumer practices
What are some of the key areas which the CMA focuses on in online marketplaces when assessing compliance with consumer protection regulation?
Read moreUK Government extends deadline to cease using CE marking until 2023
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?
Read moreICO releases summary of discussions between G7 data protection authorities
How will the G7 data protection authorities cooperate in the future and how will this cooperation potentially shape data protection within those countries?
Read moreICO approves first certification scheme criteria under the GDPR
How can the Information Commissioner’s Office (ICO) help businesses and other organisations demonstrate that they comply with data protection standards?
Read moreICO publishes guidance on three standards of Children’s Code
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?
Read moreICO consults on new draft international data transfer proposals
What steps are being proposed by the UK’s ICO to protect personal data being transferred outside the UK?
Read moreDCMS consults on plans to reform UK data protection regime
What does the Government have in mind for the future of the UK’s data compliance landscape?
Read moreDCMS announces post-Brexit global data plan for the UK
How will the UK become a “business friendly” country for international data transfers?
Read moreDCMS and BEIS consult on new pro-competition regime for digital markets
What will a future pro-competition regime look like for digital markets and how will it potentially impact businesses operating in the digital marketplace?
Read moreLaw Commission publishes reforms targeting serious harm arising from online abuse.
Will the proposed reforms targeting serious harms arising from online abuse be more effective at criminalising harmful behaviour?
Read moreDCMS publishes policy paper on digital competition regulation
How does the Government plan to drive growth and innovation in digital technologies?
Read moreGovernment publishes online safety guidance for businesses
What are the key issues highlighted by the House of Lords with the Government’s Online Safety Bill?
Read moreNGO submits complaints on allegedly discriminatory algorithms for job ads
How can online platforms ensure their ad targeting algorithms are non-discriminatory?
Read moreEquity Commitment Letters – are they enforceable?
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?
Read moreCrippin – ancillary dwelling qualified for principal private residence relief
Ancillary property qualifies for principle private residence relief despite being informally rented to friends.
Read moreClutching at draws - whose moral rights are they anyway?
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.
Read moreClearer lines of communication
With increasing pressure on HMRC to collect more tax with less resource, it is more important than ever to communicate effectively with HMRC.
Read moreThe Week That Was - 19 November 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreRPC 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
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!!
Read moreWhat's up with disclosure? The pilot goes into a new phase from November
November ushers in a brand new phase for the disclosure pilot with several substantive amendments being made to the rules.
Read moreShinelock Ltd – payment not deductible as a loan relationship debit
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.
Read moreAn introduction to InsurTech (With Sarah Kocianski)
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.
Read moreFCA's Perimeter Report – observations for the insurance market
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.
Read moreThe Week That Was - 12 November 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read moreEnglish Commercial Court upholds the validity of swap contracts entered into by an Italian local authority
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.
Read moreOpening the gateway: Supreme Court favours wide interpretation for service out of the jurisdiction and clarifies rules of pleading foreign law
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.
Read moreCyber_Bytes - Issue 36
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.
Read moreTake 10 #19
Welcome to RPC's media and communications law update. This issue reports on key media developments and the latest cases.
Read moreThe Supreme Court hands down judgment in Lloyd v Google
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.
Read moreFashion on the Block – taxpayer successful with substance over form argument
Erroneous EIS form submitted, SEIS1 required in its place; HMRC alerted to the mistake and told to allow rectification.
Read moreSports Ticker (9 November 2021) - Valve's NFT ban, new IPL teams and FaZe Clan going public
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.
Read moreCorporate Crime Reform: A comparative guide
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.
Read moreSpotlight on Private Wealth - November 2021
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.
Read moreHMRC issues 'nudge' letters to recipients of foreign investment income
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.
Read moreThe Week That Was - 5 November 2021
Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.
Read morePure Legal interest only mortgage claim struck out
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.
Read moreCourt of Appeal holds that uncontroverted expert evidence can be rejected
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.
Read moreNew guidance on Machine Learning – plenty for humans to learn too
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.
Read moreTax Bites - November 2021
Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.
Read moreRPC Bites #39 – Alpro in hot water over environmental claims, the ASA reports on social media alcohol ads and Tesco introduces checkout-less stores
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!!
Read moreRegulatory Initiative Grid sets out multi-regulator pipeline of planned/ongoing regulatory initiatives in the financial services market
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.
Read moreRegulatory Initiative Grid sets out multi-regulator pipeline of planned/ongoing regulatory initiatives in the financial services market
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.
Read moreGC Field & Sons Ltd – SDLT discovery assessments held to be invalid
Discovery underlying discovery assessment for SDLT planning valid despite change of underlying reasoning, but taxpayer not negligent so appeal upheld.
Read moreThe Titanic: a tale of insurance (a podcast with Paul Miller)
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.
Read moreWhen does an arbitration clause become binding? A reminder from the English High Court in Markel Bermuda Limited v Caesars Entertainment Inc
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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