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Done Brothers – supplies through fixed odds betting terminals exempt from VAT

Published on 15 October 2018. By Michelle Sloane, Partner

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In Done Brothers (Cash Betting) Ltd v HMRC [2018] UKFTT 406 (TC), the First-tier Tribunal (FTT) has held that supplies made through fixed odds betting terminals (FOBT) are exempt from VAT.

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Blog

What's next for the FCA after Brexit?

Published on 10 October 2018. By Ashley Daniells, Associate

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Brexit - you can rarely go a day without hearing this word. But what does it mean in real terms for financial professionals? The FCA has acknowledged that a looming Brexit will have implications for how the FCA works in the future and has begun to discuss its plans.

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Blog

Meet your new loss adjustor: the drone

Published on 10 October 2018. By Leah Wood, Associate

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Listed by Lloyd's in 2016 as an 'emerging risk', drones have caught insurers' attention in the last few years. However, the potential benefits for the industry go further than the new capital received from premiums.

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Blog

Atherley - qualifying loan write off created an allowable loss

Published on 08 October 2018. By Robert Waterson, Partner

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In Douglas Atherley v HMRC [2018] UKFTT 0408 (TC), the First-tier Tribunal (FTT) has found that the taxpayer's partial writing-off of a loan made to a company of which he was the sole shareholder, created an allowable loss under section 253(3), Taxation of Chargeable Gains Act 1992 (TCGA).

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Blog

Court of Appeal enforces fraudster’s claim against lawyers

Published on 08 October 2018. By Nick Bird, Partner

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In Stoffel & Co v Maria Grondona the Court of Appeal applied Lord Toulson’s judgment in Patel v Mirza to permit a fraudulent mortgagor to enforce her claim against her conveyancing solicitors. There may though be stronger grounds for the defence in other claims against professionals.

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Blog

The Latin American challenge – a London market perspective

Published on 08 October 2018. By Alex Almaguer, Senior Associate

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If the London market wants to maintain its leadership in the region, London reinsurers need to look at ways to improve direct communication with local players.

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Blog

Relief for Skilled Persons as the Court of Appeal rules they are not amenable to judicial review

Published on 04 October 2018. By Davina Given, Partner and Lucy Kerr, Senior Associate

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In what circumstances might skilled persons appointed under FSMA be subject to judicial review? The Court of Appeal recently explored the vulnerability of skilled persons to judicial review and dismissed an application for judicial review against KPMG, acting as a skilled person on behalf of Barclays Bank, as it found the framework in which KPMG operated was not sufficient to bring it into the public law arena.

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Blog

SFC Disciplinary Action – Customer/Personal Data

03 October 2018

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On 20 September 2018, the Securities and Futures Commission (“SFC”) banned an individual named Ngo Wing Chun from re-entering the industry for 12 months (the “Decision”) for having taken the personal data of approximately 995 customers from his employer and emailed it to his personal email. The evidence showed that none of the information had been disclosed to any third parties.

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Publication

Tax update October 2018

03 October 2018

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In this month’s update we report on HMRC’s Spotlight 45 on umbrella company avoidance schemes, an update to HMRC’s Venture Capital Schemes Manual; and call for evidence on HMRC powers.

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Blog

ESMA renews restrictions on CFDs and binary options

Published on 02 October 2018. By Lucy Kerr, Senior Associate

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The European Securities and Markets Authority (ESMA) has decided to renew intervention measures, which restrict the sale of contracts for difference (CFDs) and binary options to retail investors, for a further three months.

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Blog

Newton – Tribunal confirms that "statutory records"  should be narrowly construed

01 October 2018

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In Newton v HMRC [2018] UKFTT 513 (TC), the First-tier Tribunal (FTT) has held that, due to the lack of taxpayer appeal rights, the definition of "statutory records" for the purpose of an information notice issued pursuant to Schedule 36, Finance Act 2008 (FA 2008), must be construed narrowly.

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Publication

Health and safety update September 2018

28 September 2018

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Welcome to the latest edition of our health and safety update where we look at the health and safety stories that have recently hit the headlines as well as the latest fines and sentences that have been handed down.

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Blog

CJEU proves even easy copyright cases make bad law

Published on 27 September 2018.

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Commentary on the recent CJEU decision in Renckhoff C-161/17 about the communication to the public right.

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Blog

Force Majeure – specificity is vital – Seadrill v Tullow

Published on 26 September 2018. By Parham Kouchikali, Partner

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Force majeure clauses in contracts must be clear on the events that can excuse a party from fulfilling its obligations. Inability to perform under the contract must be wholly caused by that event. So said the High Court in the case of Seadrill Ghana Operations Ltd v Tullow Ghana Ltd.

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Publication

VAT update September 2018

26 September 2018

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In this month’s update we report on the ECON committee’s amendments to the European Commission’s proposal for simplification of VAT for SMEs, the government’s technical note on the impact on VAT in the event of a no-deal Brexit; and Revenue and Customs Brief 6 (2018) on VAT exemption for all domestic service charges.

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Blog

High Court warns directors to get match fit for new reporting regulations

Published on 25 September 2018. By Geraldine Elliott, Global Head of Commercial Disputes and Matthew Evans, Senior Associate

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It is understandable that directors might be reluctant to seek legal advice – be it due to concern about time or cost or a potential conflict of interest if seeking advice internally. However, as a recent case demonstrates, this is a small price to pay to avoid the time and financial cost of a claim, especially when a company's subsequent precarious financial position shines a light on an officer's behaviour and competence.

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Snapshot

Snapshots - Autumn 2018

25 September 2018

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This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.

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Snapshot

Online advertising to tackle copyright infringement and counterfeit good

24 September 2018

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How is industry responding to the threat of advertising on websites and apps which infringe copyright or disseminate counterfeit goods?

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Snapshot

EU takes on the power of online intermediate services

24 September 2018

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What steps is the EU taking in response to concerns over the growth in power of online intermediation services?

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Snapshot

ASA ruling on prize promotions: Highland Spring

24 September 2018

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What information must be made available to prospective participants of a prize promotion in order to avoid unnecessary disappointment?

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Snapshot

Taking on the ticket touts - Ticket sales regulations 2018

24 September 2018

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What are the new rules banning the automated purchasing of tickets in the UK for reselling at a higher price?

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Snapshot

ASA ruling on significant information: I Can Have It Ltd

24 September 2018

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Is including significant information on a competition landing page enough? Or do you need to include this information in an individual competition listing? And how clear do you have to be if there is no closing date about how a competition is administered and the potential length of each competition?

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Snapshot

Fairly administering a prize promotion: Walkers Snacks Ltd t/a Quaker Oats

24 September 2018

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What steps are needed for a prize promotion to be fairly administered in accordance with the terms and conditions of the promotion?

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Snapshot

Influencer disclosures: remember #ad! – Daniel Wellington

24 September 2018

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What disclosures need to be made in influencer marketing to ensure ads are easily identifiable?

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Gambling acts of "particular appeal" to children

24 September 2018

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How easy is it for gambling websites to stray into creating content which is of "particular appeal" to children and therefore banned under the CAP Code?

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Amazon Prime's "one day delivery" service misleading

24 September 2018

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Will a 'One-Day Delivery' claim be misleading if not all products under the relevant service are delivered the next day?

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ASA HFSS ruling on Cadbury's Easter promotion

24 September 2018

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When engaging influencers to promote a high in fat, salt or sugar (HFSS) product, how can advertisers ensure that they will not be promoting their product to children?

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Snapshot

Yahoo! fined for failure to implement intra-group processing agreement

24 September 2018

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With the arrival of the GDPR, the focus on third party data processing agreements and ensuring they have the relevant controls in place has never been more intense. But how much do businesses need to focus on their intra-group processing agreements?

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Snapshot

Media reporting restricted after Sir Cliff Richard decision

24 September 2018

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In what instances can journalists name the suspect of a police investigation? Do such suspects have a "reasonable expectation of privacy"?

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European Parliament calls for suspension of Privacy Shield

24 September 2018

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Is the EU-US Privacy Shield in danger?

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Nike LDNR campaign sunk by trademark infringement

24 September 2018

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How careful do you need to be when utilising third party trade marks in advertising campaigns?

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Sprint Electric Ltd v Buyer's Dream Ltd and another

24 September 2018

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How does the use of personal services companies affect IP ownership?

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European Parliament approves draft Directive on Copyright

24 September 2018

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What is the current status of the draft Directive on Copyright in the Digital Single Market?

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Zoella and Nutella - HFSS products and children

24 September 2018

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When engaging influencers to promote a high in fat, salt or sugar (HFSS) product, how can advertisers help ensure that they will not be promoting this product to children?

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Blog

Expion: No valid determination of penalties by HMRC

Published on 24 September 2018. By Constantine Christofi, Senior Associate

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In Expion Silverstone Ltd v HMRC [2018] UKFTT 0460 (TC), the First-tier Tribunal (FTT) has held that no valid determination was made by an officer of the board under section 100, Taxes Management Act 1970 (TMA), in respect of penalties issued following the failure to file Employment Intermediaries returns.

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Snapshot

Non-reliance clauses under UCTA

24 September 2018

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Is a non-reliance statement subject to section 3 of the Misrepresentation Act 1967 and therefore also subject to the reasonableness test contained in the Unfair Contract Terms Act 1977 (UCTA)?

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Tees Esk & Wear Valleys NHS Foundation Trust v Three Valleys Healthcare Ltd

24 September 2018

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How much detail must be included within a notice for it to be valid?

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Bou-Simon v BGC Brokers LP

24 September 2018

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When implying terms into a commercial contract, does the court look to what is fair or to the express terms agreed by the parties?

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Exclusion clauses under UCTA

24 September 2018

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Will an exclusion clause which excludes any claim for negligence stand up to the UCTA reasonableness test?

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Proposed legislation looks to prohibit or restrict the assignment of receivables

24 September 2018

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How might the Government’s proposed legislation regarding business contract terms prohibit or restrict the assignment of receivables under commercial agreements?

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Relying on force majeure to terminate a contract

24 September 2018

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In which circumstances can you rely on a force majeure clause to terminate an agreement?

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Blog

<連載コラム・欧州M&A最前線>2018年7月

Published on 21 September 2018. By Nigel Collins, Partner, Head of Japan Desk

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日本と違いロンドンでは気候が変わり、全般的にずいぶんと涼しくなった。この夏は長く異例の暑さったが、M&A市場もそれに負けない熱気を帯びた。当社各部門も多忙を極め、今なお次々とM&Aや投資の取引が成立している。今のところ、この活況は夏が終わっても続きそうな勢いだ。(ナイジェル・コリンズ/M&A専門弁護士)

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Blog

Treasury Committee Calls for Cryptocurrencies to be Regulated by the FCA as a Matter of Urgency

21 September 2018

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The House of Commons' Treasury Committee published its report on Crypto-assets on 19 September 2018. The report strongly recommends that cryptocurrencies and ICOs be considered regulated activities in the UK as a matter of urgency. But realistically, when can we expect the crypto-market to be regulated in the UK?

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Blog

Section 1782 order allowed

Published on 18 September 2018. By Jonathan Cary, Partner and Alan Williams, Partner

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The Commercial Court recently discharged an injunction restraining the enforcement of a US court order made under Section 1782 of Title 28 of the US Code (Assistance to foreign and international tribunals and to litigants before such tribunals). Section 1782 applications can be a useful weapon in an English litigator's armoury as a means of obtaining evidence under the control of a US-based entity through US-style discovery, including by the use of depositions and documentary evidence.

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Blog

The Modern Slavery Act 2015 – Under Review

Published on 13 September 2018. By Jeremy Drew, Head of TMT

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Earlier this summer the Home Office announced plans to launch an independent review of the Modern Slavery Act 2015. The Act came into force in October 2015 and established the UK as a world leader in the fight against the crime of modern slavery.

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Blog

Graham - holiday letting business qualified for business property relief

Published on 13 September 2018. By Alexis Armitage, Associate

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In The Personal Representatives of Grace Joyce Graham (deceased) v HMRC [2018] UKFTT 0306 (TC), the First-tier Tribunal (FTT) has held that a furnished holiday letting business did not consist wholly or mainly of making or holding investments and so qualified for business property relief (BPR).

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Blog

Negligent misstatement and undisclosed principals – a gamble not worth taking

Published on 11 September 2018. By Parham Kouchikali, Partner and Emma West, Senior Associate

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The Supreme Court recently ruled that a bank providing a reference relating to its customer owed a tortious duty of care only to the addressee. The decision reflects the wider judicial trend of restricting the circumstances in which duties of care for negligent misstatement are found to exist on the basis of an assumption of responsibility by the party making the statement.

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Blog

Armstrong: Tribunal cancels late filing penalties

Published on 10 September 2018. By Robert Waterson, Partner

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In Armstrong v HMRC [2018] UKFTT 0404 (TC), the First-tier Tribunal (FTT) has cancelled late filing penalties because the taxpayer had not consented to receive penalty notices electronically.

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Video

Implications of the Modern Slavery Act 2015 on UK and overseas businesses

06 September 2018

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Partner Jeremy Drew and Amelia Cave discuss the current Modern Slavery Act 2015 and why businesses in the UK and overseas should be mindful of its provisions.

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