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Publication

Product law bulletin – December 2021

Published on 02 December 2021. By Gavin Reese, Partner and Mamata Dutta, Legal Director and Elinor Sidwell, Associate and Bonar Whitlock, Trainee Solicitor

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Welcome to the latest edition of our product law bulletin, this month we focus on compliance with Natasha's law, the extension of the UKCA mark deadline, the OPSS Awareness Scheme into the dangers of swallowing small high powered magnets and whether COVID-19 can cause new allergic reactions to products.

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Publication

Tax Bites - December 2021

Published on 02 December 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. As always, if there are any areas you would like more information on (or if you have any questions or feedback), please let us know or get in touch with your usual RPC contact.

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Blog

Counterfeiters beware: It all ends in tiers…

Published on 01 December 2021. By Sarah Mountain, Senior Associate and Ellie Ward, Associate

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The UK Intellectual Property Office (IPO) recently published the 2020 – 2021 IP Crime and Enforcement Report (the Report). The Report highlights the current and emerging threats surrounding counterfeiting and is a collaboration between the IPO and the IP Crime Group (which is made up of enforcement agencies and industry representatives). The Report details the work carried out by these organisations, to prevent IP crime.

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Blog

Vitol Aviation – Tribunal directs HMRC to issue closure notices where diverted profits tax review periods are ongoing

Published on 01 December 2021. By Rebekka Sandwell, Senior Associate

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In Vitol Aviation UK Ltd and others v HMRC [2021] UKFTT 0353 (TC), the First-tier Tribunal (FTT) granted the Applicants' application for closure notices in respect of corporation tax enquiries, notwithstanding that the review periods for diverted profits tax (DPT) notices were ongoing in respect of the same accounting periods.

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Podcast

The role of an in-house lawyer (a podcast with Will Bloomer)

30 November 2021

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Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Will Bloomer, Chief Corporate & Legal Affairs Officer at Howden Group and we will be discussing the role of an in-house lawyer in the insurance market.

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Publication

Lawyers' Liability and Regulatory Update November 2021

30 November 2021

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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.

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Publication

Customs and excise quarterly update - November 2021

Published on 30 November 2021. By Adam Craggs, Partner and Michelle Sloane, Partner

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In this update we report on (1) the revised timetable for border controls on imports from the EU; (2) regulations regarding the new Freeports; and (3) updates to safety and security requirements on imports and exports from the EU. We also comment on three recent cases relating to (1) time limits and procedural requirements in a customs context; (2) whether UK acquisition VAT can apply when a bonded warehouse is not located in the UK; and (3) the tariff classification of mastectomy bras.

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Blog

Increased penalty for employers who employ overstayers

Published on 29 November 2021. By Andrea Randall, Partner and Angel Leung, Trainee

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Immigration (Amendment) Ordinance 2021 (“IAO”)

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Publication

The Week That Was - 26 November 2021

Published on 26 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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Snapshot

Snapshots Autumn 2021: Your consumer fix

Published on 26 November 2021. By Oliver Bray, Senior Partner

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A roundup of key legal developments for the modern commercial lawyer focusing on everything you need to know in the consumer world.

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Snapshot

Snapshots Autumn 2021: Your digital fix

Published on 26 November 2021. By Oliver Bray, Senior Partner

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A roundup of key legal developments for the modern commercial lawyer focusing on everything you need to know in the digital world.

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Snapshot

Snapshots Autumn 2021: Your data fix

Published on 26 November 2021. By Oliver Bray, Senior Partner

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A roundup of key legal developments for the modern commercial lawyer focusing on everything you need to know in the data world.

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Snapshot

Snapshots Autumn 2021: Your advertising and marketing fix

Published on 26 November 2021. By Oliver Bray, Senior Partner

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A roundup of key legal developments for the modern commercial lawyer focusing on everything you need to know in the advertising and marketing world.

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Publication

Sports Ticker (25 November 2021) - FIFA, UEFA's COP26 commitments, Fnatic's latest partnership and LIV Golf's shake up

Published on 25 November 2021. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, Associate and Jaleela Johnson, Associate and Joseph Akwaboa, Associate

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During a fortnight in which Tracey Crouch has reported on her fan-led review into football (more on that in the next edition) and which has seen managerial exits and arrivals in the Premier League, the launch of DAZN's new innovation hub and Czech billionaire Kretinsky acquiring a 27% stake in West Ham, we feature Fnatic's new partnership with the New York Institute of Technology and COP26 commitments from UEFA and FIFA. We also take a look at the racism scandal at Yorkshire Cricket Club, the attempted shake up of professional golf and Sportsbet.io's new crypto fan fund.

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Blog

Sega’s battle against Man Utd in Football Manager trade mark case ends in settlement

Published on 25 November 2021. By Jeremy Drew, Head of TMT and Samuel Coppard, Associate and Harvey Briggs, Trainee Solicitor

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As first published by leading sports law resource LawInSport, Jeremy Drew, Samuel Coppard and Harvey Briggs discuss the settlement reached in the trade mark infringement proceedings brought by Man United against Sega and Sports Interactive in relation to Football Manager and offer key considerations when settling disputes of this nature.

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Snapshot

Snapshots Autumn 2021

Published on 25 November 2021. By Oliver Bray, Senior Partner and David Cran, Head of IP and Tech

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

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Publication

V@ Update – November 2021

Published on 25 November 2021. By Adam Craggs, Partner and Rebekka Sandwell, Senior Associate

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Welcome to the November 2021 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.

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Snapshot

Prize promotions need prizes!

25 November 2021

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If you are an influencer running a competition, how careful do you need to be when establishing entry criteria and awarding prizes?

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Consumer surveys and Vodafone’s “The UK’s best…” claim

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

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Can you use consumer surveys to support marketing phrases such as “The UK’s Best…”, when advertising your product or service?

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Snapshot

CAP publishes guidance on depicting mental health conditions

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

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What steps must advertisers take in order to ensure that any depiction of mental illness is not socially irresponsible or offensive?

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Snapshot

CAP and BCAP announce progress with gambling ad consultation

25 November 2021

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What updates have arisen as a result of CAP and BCAP’s consultation responding to the findings of the GambleAware Final Synthesis Report?

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Snapshot

CAP publishes guidance on country of origin claims

25 November 2021

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What do companies need to be mindful of when it comes to country of origin claims?

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Snapshot

Supreme Court confirms (and confines the scope of) the doctrine of economic duress

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

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Pakistan International Airline Corporation (Respondent) v Times Travel (UK) Ltd (Appellant) [2021] UKSC

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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

High Court strikes out claims for compensation for distress for misuse of private information, breach of confidence and negligence

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

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Warren v DSG Retail Ltd [2021] EWHC 2168 (QB)

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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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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

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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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

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

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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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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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. By Rebekka Sandwell, Senior Associate

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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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