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Lawyers Covered - April 2021

25 April 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.

Sports Ticker (22 April 2021) - Super League, full stadiums and Coin for Respect

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

Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

What have you been watching during the pandemic?

Published on 23 April 2021. By Kiran Dhoot, Associate

The COVID-19 pandemic has seen dramatic shifts in the content and media we consume, and the way in which we consume it. That is not itself surprising, but how and to what extent has our media consumption actually changed?

The month that was - March 2021 - Adams v Carey and an update on DB transfers

22 April 2021

Welcome to Money Covered, a monthly podcast from RPC aimed at those dealing with complaints, claims and risk management in the financial services sector.

Employing workers in Hong Kong

Published on 22 April 2021. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

Although Hong Kong’s employment laws are relatively straight forward and consistent with international norms, there are a number of unique provisions which companies employing workers in Hong Kong should be aware of.

The UK's new restructuring plan

Published on 21 April 2021. By Paul Bagon, Partner and Tim Moynihan, Partner

The UK has introduced the Restructuring Plan; a new, flexible court supervised restructuring tool. The Restructuring Plan draws upon features of the existing Companies Act 2006 scheme of arrangement procedure (which remains available) but includes features which are new to the UK but similar to those under U.S. Chapter 11 bankruptcy proceedings.

When is a complaint a complaint under DISP?

Published on 21 April 2021. By Rachael Healey, Partner

A Court of Appeal judgment has recently addressed what constitutes a complaint for the purposes of DISP [Clive Davis v Lloyds Bank [2021] EWCA Civ 557]. It is important to identify when a complaint is made as a regulated firm for two primary reasons: first, a complaint triggers the dispute resolution procedure under DISP of the FCA's Handbook and second, it stops time running for the purposes of time bar when it comes to a complaint to FOS.

The future world of work – a recipe for success

Published on 21 April 2021. By Kelly Thomson, Partner

The Office for National Statistics (ONS) has just released its report, “Homeworking hours, rewards and opportunities in the UK: 2011 to 2020”. The report lands at a key moment, as leaders across all sectors look to define – and redefine – the future of work and the role of the workplace in the post-pandemic era. The findings are illuminating.

Bennedy's Developments – Tribunal allows taxpayer's appeal against daily penalties for late filing of ATED return

Published on 20 April 2021. By Rebekka Sandwell, Senior Associate

In Bennedy's Developments Ltd v HMRC [2021] UKFTT 21 (TC), the First-tier Tribunal (FTT) has allowed the taxpayer's appeal against daily penalties for late filing of an Annual Tax on Enveloped Dwellings (ATED) return, issued under paragraph 4 of Schedule 55 to the Finance Act 2009 (FA 2009), but dismissed its appeal against a late filing penalty in respect of the same return, issued under paragraph 5 of Schedule 55.

Stay on top of Intellectual Property

Published on 20 April 2021. By Ciara Cullen, Partner and Ben Mark, Partner and Sarah Mountain, Partner

Whether you’re just starting out or launching a new product, there are a wealth of intellectual property issues to consider in the world of distilling. Here, Ciara Cullen, Ben Mark and Sarah Mountain outline those do’s and don’ts, the changing landscape and how to thrive in 2021 and beyond.

Stay on top of Intellectual Property

Published on 20 April 2021. By Ciara Cullen, Partner and Ben Mark, Partner and Sarah Mountain, Partner

Whether you’re just starting out or launching a new product, there are a wealth of intellectual property issues to consider in the world of distilling. Here, Ciara Cullen, Ben Mark and Sarah Mountain outline those do’s and don’ts, the changing landscape and how to thrive in 2021 and beyond.

It's Cocoa, Jim, but not as we know it: Court's modern interpretation of underwriters' and brokers' duties #3 - A broker's harsh reality

Published on 19 April 2021. By Tim Bull, Partner and Matthew Wood, Senior Associate and Elizabeth Singleton, Associate (Australian Qualified)

This is the third article in our series following the decision in ABN Amro Bank N.V. v Royal & Sun Alliance Insurance plc and 13 Underwriters and Edge Brokers (London) Limited, in which RPC acted for Edge. Please click here for our first article, setting out a more detailed background to the case.

The Trade-off: Reduced juror numbers in criminal trials

19 April 2021

The backlog of criminal cases (especially for those relating to fraud) has increased considerably. It is reaching worrying levels resulting in administrative difficulties and substantial cost, both in financial and emotional terms.

RPC Bites #29 - breaking news: Colin the Caterpillar v Cuthbert the Caterpillar, uncertainty continues for composite products and packaging producers to face extended responsibility

Published on 16 April 2021. By Ciara Cullen, Partner and Ben Mark, Partner

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!!

Fire safety – at last, some welcome news for surveyors

Published on 15 April 2021. By Alexandra Anderson, Partner and Katharine Cusack, Partner

We set out below news of a welcome change to the professional indemnity insurance available to surveyors relating to their fire safety work.

Retail Credit rating downgrades - How to stop a downgrade becoming a default

Published on 15 April 2021. By Sukh Ahark, Partner and Edward Colville, Partner

COVID-19 disruption and resulting lockdown measures have particularly impacted some retailers.

Parental Guidance from the Supreme Court: When may a UK domiciled parent company owe a duty of care to individuals affected by the acts of its foreign subsidiary?

Published on 15 April 2021. By Jonathan Cary, Partner

We discuss a significant Supreme Court decision on parent company liability under English law, Okpabi and others v Royal Dutch Shell Plc and Shell Petroleum Development Company of Nigeria Ltd. This decision on jurisdiction provides helpful guidance on the circumstances in which a UK domiciled parent company may owe a common law duty of care in respect of the actions of a foreign subsidiary company.

A look at LIIBA

15 April 2021

Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests. Our guest this week is Christopher Croft and we will be looking at the London and International Insurance Brokers Association or LIIBA and the role they play in the insurance market.

Life sciences roundup

Published on 15 April 2021.

Welcome to the spring quarterly roundup of regulatory developments in the life sciences sector affecting healthcare institutions - providing bite-size updates from around the industry.

Retail credit rating downgrades

15 April 2021

How to stop a downgrade becoming a default

Outram – Tribunal prevents HMRC from relying on new argument

Published on 14 April 2021. By Constantine Christofi, Senior Associate

In Outram and another v HMRC [2021] UKFTT 29 (TC) the First-tier Tribunal (FTT) prevented HMRC from relying on a new argument contained in its skeleton argument which had not been included in its statement of case.

Treating customers fairly

13 April 2021

Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests. This episode we are joined by James Daley, founder of Fairer Finance, and we will be discussing the concept of treating customers fairly.

What if the CEO asks me about... moving to a turnover rent model?

Published on 13 April 2021. By Elizabeth Alibhai, Partner and Simon Edwards, Partner

On 10 March 2021 the Government announced that existing protections for tenants on non-payment of rent and against landlords' use of forfeiture and CRAR (the ability to sell a tenant's goods where rent is not paid) were to be extended until the end of June 2021.

Sports Ticker (12 April 2021) - British Cycling World Rugby and the Tokyo Olympics

Published on 12 April 2021. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Jaleela Johnson, Associate and Joseph Akwaboa, Associate

Welcome to the latest edition of the RPC Sports Ticker ­ providing fortnightly bite­size updates from around the sports industry.

Court of Appeal upholds copyright infringement decision against digital radio aggregator

Published on 12 April 2021. By David Cran, Head of IP and Tech

The Court of Appeal has refused TuneIn's appeal of a 2019 judgment finding that it had infringed the copyright of Warner and Sony by linking to online radio stations.

Court of Appeal upholds copyright infringement decision against digital radio aggregator

Published on 12 April 2021. By David Cran, Head of IP and Tech

The Court of Appeal has refused TuneIn's appeal of a 2019 judgment finding that it had infringed the copyright of Warner and Sony by linking to online radio stations.

Financial Crime Time – Your Update from RPC: 2021 Q1

Published on 12 April 2021. By Adam Craggs, Partner and Michelle Sloane, Partner and Alice Kemp, Senior Associate (Employed Barrister)

Welcome to the latest edition of our round-up of news making the headlines in the world of financial crime and compliance. Our aim is to give you an easily digestible, bite-sized overview of issues that may affect your business.

Reimbursement of Maternity Leave Pay Scheme in Hong Kong

Published on 12 April 2021. By Andrea Randall, Partner and Sakshi Buttoo, Registered Foreign Lawyer

Hong Kong's statutory maternity leave has been extended from 10 weeks to 14 weeks with effect from 11 December 2020. From 1 April 2021, the Hong Kong Government has started accepting applications to reimburse employers' payment in respect of the extended period of maternity leave.

It's Cocoa, Jim, but not as we know it: Court's modern interpretation of underwriters' and brokers' duties #2 – The underwriters defence

Published on 09 April 2021. By Tim Bull, Partner and Matthew Wood, Senior Associate and Elizabeth Singleton, Associate (Australian Qualified)

A modern show of the historic defence strategy at its worst, or should that be best? We'll let you decide.

Cyber_Bytes - Issue 31

Published on 08 April 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 Ridvan Canbilen, Associate

Welcome to Cyber_Bytes, our bi-weekly round up of key developments in cyber, tech and evolving risks.

Certainly Uncertain – The Material Uncertainty Clause

Published on 08 April 2021. By Victoria Paxton, Associate and Alexandra Anderson, Partner

The circumstances related to the global COVID-19 pandemic have raised questions as to whether surveyors should include a declaration that the valuation is subject to material valuation uncertainty, highlighting that a greater degree of caution should be used when relying on it.

A Lack of List of Issues for Disclosure is not a bar to specific disclosure under the Disclosure Pilot Scheme

Published on 08 April 2021. By Parham Kouchikali, Partner and Sinead Westaway, Associate

The court can order specific disclosure under the Disclosure Pilot Scheme, even where there is no agreed or approved List of Issues for Disclosure HMRC v IGE USA Investments Ltd and Ors(1).

New measures to eliminate plastic waste

Published on 07 April 2021. By Henry Priestley, Partner and Brendan Collar, Associate

The government is set to introduce measures to further reduce the circulation of single-use plastics and encourage the use of recycled plastic. The measures are expected to influence all aspects of the retail supply chain and have a particular impact on the food and drink sector.

RPC Insurtech in brief April 2021

Published on 07 April 2021. By Neil Brown, Partner and Daniel Guilfoyle, Partner and Lauren Murphy, Associate

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

Eastern Power Networks – Court of Appeal confirms that HMRC does not need to close its enquiries

Published on 07 April 2021. By Alexis Armitage, Associate

In Eastern Power Networks plc and others v HMRC [2021] EWCA Civ 283, the Court of Appeal (CofA) has upheld the Upper Tribunal's (UT) decision that it was not appropriate to direct HMRC to issue closure notices.

Expert determination of completion accounts and "manifest error"

Published on 06 April 2021. By Jenny Tran, Senior Associate

The courts narrowly interpret what is a "manifest error" in the context of expert determination of completion accounts.

Additions to FCA DB Transfer Guidance Published

Published on 06 April 2021. By Emma Murphy-O'Connor , Associate

The FCA have published finalised guidance regarding defined benefit pension transfers. The latest publication amends and adds to the draft published in June 2020.

The Common Reporting Standard: An HMRC game changer?

06 April 2021

With now over 100 countries signed up to the international information exchange known as the Common Reporting Standard (CRS), last year HMRC received 84 million details of bank accounts covering one in 10 UK citizens.

Financial CrimeCast: Osama Al Jayousi

Published on 06 April 2021. By Sam Tate, Partner

Welcome to Financial CrimeCast. In this series, the Centre for Legal Leadership, supported by RPC, talks to leaders in the field of financial crime, compliance and ethics. Guests discuss their career journey, what they have learnt along the way and the financial crime issues they see on the horizon.

Tax Bites - April 2021

Published on 01 April 2021. By Adam Craggs, Partner and Harry Smith, Senior Associate

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

RPC Bites #28 - Northern Ireland Protocol breakthrough extended, the future of Easter eggs and an environmentally friendly beer partnership

Published on 01 April 2021. By Ciara Cullen, Partner and Ben Mark, Partner

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!!

Adams v Carey – where does the Court of Appeal's decision leave the SIPP market?

Published on 01 April 2021. By Rachael Healey, Partner and Ashley Daniells, Associate

The Court of Appeal has today dismissed Mr Adams' appeal against Carey in respect of COBS 2.1.1R. However, the appeal in relation to s.27 FSMA has been upheld. We discuss the background to the proceedings, the Court of Appeal decision and where it takes the SIPP (and wider financial services) market.

Company Top Guns may face HMRC investigation

Published on 01 April 2021. By James Wickes, Partner

HMRC clamping down on furlough fraud by companies in Danger Zone

The Turnover Rent Condurum: Tips For Retailers

Published on 31 March 2021. By Jeremy Drew, Head of TMT and Karen Hendy, Head of Corporate

Protections provided to commercial tenants under CIGA and the Coronavirus Act 2020 are due to end on 31 March 2021 and now, more than ever, landlords are having to explore the possibility of entering into non-standard leasing arrangements.

Law Society undertakes largest ever law firm intervention in Hong Kong

Published on 31 March 2021. By Carmel Green, Partner

Ball Europe - Accounting entry not included in tax return sufficient to preclude discovery assessment

Published on 30 March 2021. By Harry Smith, Senior Associate

In Ball Europe Ltd v HMRC [2021] UKFTT 23 (TC), the First-tier Tribunal (FTT) has held that the presence of amounts in a taxpayer's accounts but not its tax return was sufficient for a 'hypothetical officer' of HMRC reasonably to be expected to be aware of a tax insufficiency and this prevented HMRC from issuing a valid discovery assessment

It's Cocoa, Jim, but not as we know it: Court's modern interpretation of underwriters' and brokers' duties #1 - An overview of the case

Published on 30 March 2021. By Tim Bull, Partner and Matthew Wood, Senior Associate and Elizabeth Singleton, Associate (Australian Qualified)

In this series of articles we take a look at the decision in ABN Amro Bank N.V. v Royal & Sun Alliance plc and 13 Underwriters and Edge Brokers (London) Limited. In this article we give an overview of the case. The remaining articles will focus on particular areas of the case, these will be: 1. Underwriters' duties 2. Brokers' duties 3.Witness evidence

Time to hit the reset button

Published on 29 March 2021. By Simon Laird, Global Head of Insurance and Peter Mansfield, Partner

The insurance industry is uniquely placed to confront issues, such as climate change, rather than simply picking up the pieces from disaster.

Sports Ticker (26 Mar 2021) - Women's Super League, FIFA influencer advertising and the Six Nations

Published on 26 March 2021. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate

Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

Life sciences and the Brexit trade agreement of Christmas Eve 2020

Published on 26 March 2021.

As the nation prepared for muted Christmas celebrations at the end of last year, those in industry were able to feast on the Trade and Cooperation Agreement settled between the EU and UK on 24 December 2020 (the TCA). The TCA concluded months of uncertainty for the life sciences sector. Companies had been waiting to see how far the UK government would go in agreeing to follow EU standards concerning medicines and medical devices. By the time the EU and UK finally agreed the TCA, questions over life sciences regulations had rocketed up the agenda against a backdrop of vaccines and treatments developed to combat Covid-19.