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Privy Council widens law on freezing injunctions in "ground-breaking" exposition of the law

Published on 12 April 2022. By Dan Wyatt, Partner and Joe Cresswell, Associate

In Broad Idea International Ltd v Convoy Collateral Ltd / Convoy Collateral Ltd v Cho Kwai Chee [2021] UKPC 24, the Privy Council handed down a judgment which set new juridical boundaries for the law of freezing injunctions. Rejecting the long-established position in The Siskina, the panel of judges confirmed that a court's injunctive power extends to the grant of freezing orders where (i) there are no relevant domestic proceedings in prospect and (ii) the sole purpose of the order is to aid enforcement in foreign proceedings.

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Blog

EWS1 update

Published on 11 April 2022. By Alexandra Anderson, Partner and Lewis Manning, Trainee

A joint statement made by The Royal Institution of Chartered Surveyors ('RICS') and six major lenders has clarified the position of the lender and valuation industries with regard to fire safety remedial works and mortgage lending.

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Podcast

Does the Economic Crime Act really have teeth?

11 April 2022

In March 2022, the Economic Crime Transparency and Enforcement Act came into force after it was fast-tracked through Parliament in response to urgent calls for the UK's economic crime laws to be tightened.

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Publication

Sports Ticker (8 April 2022) - Gucci x Grealish, The Boat Race returns and CAP's new rules for gambling ads - a speed-read of commercial updates from the sports world

Published on 08 April 2022. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate

In a fortnight which saw Medvedev attempt to overtake Djokovic as the men's world no.1 in tennis, we feature various F1 announcements, the ECB's and Sky Sports' multi-year broadcast agreement, the return of the Boat Race 2022 and Grealish's Gucci deal. We also take a look at CAP's introduction of tough new rules for gambling ads.

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Publication

The Week That Was - 8 April 2022

Published on 08 April 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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

Court of Appeal draws distinction between claims for recovery of tax and restitution for tax paid out fraudulently

Published on 07 April 2022. By Alan Williams, Partner and Poppy St John, Associate

In Skatteforvaltningen v Solo Capital Partners,(1) the Court of Appeal investigated in detail the operation of rule 3(1) of Dicey, Morris & Collins on the Conflict of Laws (edition 15) (Dicey rule 3), which provides that English courts do not have jurisdiction over actions for "the enforcement, either directly or indirectly, of a penal, revenue, or other public law of a foreign State". The Court decided that the Danish tax authority's claim did not fall within Dicey rule 3 as it concerned the restitution of monies misappropriated by fraud rather than enforcement of tax.

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Blog

Government White Paper on corporate transparency and Companies House reform

Published on 07 April 2022. By Abdul Wali, Associate

On 28 February 2022, ahead of the introduction of legislation, the Government published a "White Paper" outlining its proposals for changes to the way in which Companies House operates, aimed at increasing transparency of UK corporate entities and developing the role and powers of Companies House.

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Publication

Tax Bites - April 2022

Published on 07 April 2022. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

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

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Blog

The obligation to provide tribunal documents to journalists

Published on 06 April 2022. By Charlotte Reid, Senior Associate

In Guardian News & Media Ltd v Rozanov and EFG Private Bank Ltd [2022] EAT 12, the Employment Appeal Tribunal (EAT) set out some useful guidance on the correct approach to third- party documentation requests, including where a request is made by a journalist for skeleton arguments, witness statements and documents referred to in the judgment.

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Blog

Tribunal confirms TV presenter  not subject to IR35 rules

Published on 06 April 2022. By Constantine Christofi, Senior Associate

IR35 does not apply where a significant number of factors make it clear that a presenter "was in business on his own account".

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Publication

What if the CEO asks me about…Corporate Criminal Liability and its potential reforms?

Published on 05 April 2022. By Sam Tate, Partner and Kate Langley, Senior Associate and Robert Semp, Associate

In the words of Spiderman's Uncle Ben (or Aunt May if you've seen the latest film...) with great power comes great responsibility. Corporations have all the power that comes with being a 'legal person' but equally are responsible for wielding this power within the confines of the law.

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Publication

Retail Compass Spring Edition 2022

Published on 05 April 2022. By Jeremy Drew, Partner and Karen Hendy, Partner

Welcome to the Spring edition of Retail Compass, where we guide you through the key legal and policy changes affecting retail and consumer brands and provide our thoughts on those crucial, need-to-know issues.

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Publication

Regulatory update - March 2022

04 April 2022

Welcome to the March edition of the Regulatory update, which pulls together recent developments from across the UK’s regulators to help you navigate the regulatory maze.

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Blog

Competing opt-out claims refused certification in CAT's FX decision

Published on 04 April 2022. By Chris Ross, Partner and Lambros Kilaniotis, Partner and Leonia Chesterfield, Senior Associate

Since the first opt-out certification last summer in Merricks, a steady stream of collective claims has been certified by the CAT. There have now been four opt-out certifications with many more applications in the wings. Last week's FX decision is the CAT's first certification refusal following Merricks.

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Blog

Hong Kong – General adjournment of court proceedings given severity of “5th Wave” of COVID-19

Published on 04 April 2022. By Carmel Green, Partner and Jennifer Leung, Associate

Given the severity of the “5th Wave” of the pandemic in Hong Kong, on 4 March 2022 the judiciary announced another “general adjournment of proceedings”; this time to run from 7 March to 11 April 2022.

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Publication

The Week That Was - 1 April 2022

Published on 01 April 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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

RICS Article Series – Article 2

Published on 01 April 2022. By Ben Goodier, Partner and Emma Wherry, Senior Associate and Sarah O'Callaghan, Associate and Laura Sponti, Paralegal

In this series of articles, we explain the procedure for disciplinary investigations against chartered surveyors.

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Blog

FCA consultation on British Steel redress scheme published

Published on 31 March 2022. By David Allinson, Partner and Robert Morris, Partner

The FCA has now published its consultation paper on the proposed redress scheme for British Steel Pension transfers under s.404 of FSMA. The scope of this is wider than anticipated and the proposals contain some surprises around the lack of an opt-in process and potential involvement of FOS.

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Publication

RPC Bites #45 - Waitrose concerned by Asda's 'Just Essentials' range, HFSS restrictions potentially delayed further and the end of free-range eggs (for now)

Published on 31 March 2022. 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!!

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Publication

Lawyers Covered - March 2022

31 March 2022

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

V@ update - March 2022

Published on 31 March 2022. By Adam Craggs, Partner

Welcome to the March 2022 edition of RPC's V@, an update which provides analysis and news from the VAT world relevant to your business.

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Blog

No judicial review for FOS defined benefit transfer case

Published on 31 March 2022. By Rachael Healey, Partner

The High Court has rejected an application for permission for judicial review in a number of FOS complaints upheld against the adviser who advised on a defined benefit pension transfer. The adviser had advised on the transfer but not the subsequent investments made after the transfer. The adviser was led to believe that UCIS investments would not be made with the transferred funds but in fact UCIS investments were made. The FOS found that the adviser had given unsuitable pension transfer advice partly on the basis that it should have asked more questions about the ultimate investments and it was not enough to have provided for a general spread of investment type. Permission for judicial review was rejected on the basis that there was nothing unlawful in the FOS decisions including the fact that the adviser was held responsible for 100% of the losses despite the involvement of the separate adviser that advised on the investments following the transfer.

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Publication

Money Mirror Issue 1  - March 2022

30 March 2022

Welcome to Money Mirror, RPC's new Payments & Consumer Credit publication. In our 1st edition, we take a look at interesting developments in these markets - operational resilience, Buy Now Pay Later, crypto advertising and access to cash.

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Publication

Financial Crime Time - Your update from RPC: 2022 Q1

Published on 30 March 2022. 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.

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Blog

Tribunal confirms that certain studies and project management costs relating to offshore windfarms qualify in part for capital allowances

Published on 30 March 2022. By Alexis Armitage, Associate

The First-tier Tribunal has confirmed that certain studies and project management costs relating to offshore windfarms qualify in part for capital allowances.

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Podcast

50th episode special - A judges view of insurance (With Sir Bernard Rix)

29 March 2022

Welcome to a special episode of Insurance Covered, celebrating our 50th episode. In this episode Peter interviews Sir Bernard Rix discussing his career as a barrister and a judge, focusing on the judgements he made that impacted the insurance industry.

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Blog

Gin-uine use? The UKIPO concludes yes, despite limited evidence and variances between the trade mark as registered and as used

Published on 29 March 2022. By Ciara Cullen, Partner and Sarah Mountain, Partner and Courtney Brotherson, Trainee

The UK Intellectual Property Office (UKIPO) has rejected an application by Inver House Distillers for the revocation of a competitor's trade mark. The mark in question is owned by Destileras M.G., S.L and Importaciones y Exportaciones Varma, S.A (the Proprietors) and consists of a 2D image of a distinctively shaped bottle, featuring the 'Master's logo' and a lion device (the Master's Mark). The decision was reached on the basis that the Proprietors had successfully demonstrated genuine use of their mark, in the UK.

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Podcast

What can HMRC do with your information?

28 March 2022

In previous episodes we have discussed the myriad of ways HMRC collects information on individuals and businesses. Whether through international agreements, information provided on a voluntary basis, as a consequence of a legal duty to report, or through its information gathering powers, the Revenue holds an abundance of information relating to taxpayers.

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Publication

The Week That Was - 25 March 2022

Published on 25 March 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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

Sports Ticker (25 March 2022) - F1 gearing up, Cardiff City dispute settled and Saudi-backed golf competition launches

Published on 25 March 2022. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Samuel Coppard, Associate and Joseph Akwaboa, Associate

In a fortnight which has seen the return of F1 in Bahrain, and the surprising retirement of tennis world number one Ashleigh Barty aged 25, we feature the recent settlement between Cardiff City and former owner Sam Hammam, the Premier League's first NFT partnerships and the Leicester Tigers salary cap investigation. We also take a look at F1's most recent sponsorship deal and the Saudi-backed golf Super League.

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Video

Money Mirror: Access to cash

Published on 24 March 2022. By Charles Buckworth, Partner and Whitney Simpson, Of Counsel and Leigh Gapinski, Senior Associate

Welcome to Money Mirror. In the first episode, we explore the importance of access to cash.

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Blog

Can litigation privilege be claimed for exploratory correspondence with an expert before litigation is in prospect?

Published on 24 March 2022. By Davina Given, Partner and Suzan Kurdi, Senior Associate

In a recent case, the Court decided that correspondence with an expert did not attract legal professional privilege. The expert's work had been intended to provide "ballast" for a claim in suspected mismanagement, but in fact the expert's investigation uncovered a potential alternative claim, which was quite distinct from the claim initially being investigated.

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Blog

No tax due on transfer of business to connected company

Published on 23 March 2022. By Keziah Mastin, Associate

The First-tier Tribunal in Conran and another v HMRC [2022] UKFTT 39 (TC), concluded that the transfer of a business between connected parties resulted in no capital gains tax liability for the seller, having reduced the stated £8.25m valuation of the business to £1 for tax purposes.

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Blog

Court of Appeal issues "clear message" that those who breach embargoes on draft judgments risk contempt proceedings

Published on 22 March 2022. By Parham Kouchikali, Partner and Fred Kuchlin, Senior Associate

In only the third judgment ever to consider the issue, the Court of Appeal has issued a stark reminder that court users should take care to observe any embargo over a draft judgment or else face the possibility of proceedings for contempt of court.

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Publication

Insurers need their own Hippocratic Oath

Published on 22 March 2022. By Simon Laird, Global Head of Insurance and Peter Mansfield, Partner

Does insurance have a role to play in setting the ethical standard for corporate ESG and promoting a ‘do no harm’ philosophy?"

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Publication

Insurers need their own Hippocratic Oath

Published on 22 March 2022. By Simon Laird, Global Head of Insurance and Peter Mansfield, Partner

Does insurance have a role to play in setting the ethical standard for corporate ESG and promoting a ‘do no harm’ philosophy?"

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Blog

National Audit Office on the British Steel Pension Scheme

Published on 21 March 2022. By Rachael Healey, Partner

On Friday the National Audit Office (NAO) published a report on the British Steel Pension Scheme (BSPS), looking at the regulation of pension transfer advice and extent to which compensation has been delivered. The NAO's report does not look at the merits of individual decisions made by the FCA and other organisations but includes some insightful information on the BSPS scheme and the status of complaints at FOS and the FSCS and the NAO's findings. With the report coming just before the FCA is due to publish its consultation on a consumer redress scheme for impacted BSPS members and makes for useful reading for those involved with BSPS complaints.

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Publication

The Week That Was - 18 March 2022

Published on 18 March 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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

Shell directors facing potential UK ESG shareholder derivative lawsuit

Published on 18 March 2022. By James Wickes, Partner

In the wake of COP26, more focus than ever is being given to the climate risks which apply to every aspect of business. Scrutiny of a company's climate awareness and adherence to applicable regulation is at the forefront of minds of companies' stakeholders.

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Blog

Shell directors facing potential UK ESG shareholder derivative lawsuit

Published on 18 March 2022. By James Wickes, Partner

In the wake of COP26, more focus than ever is being given to the climate risks which apply to every aspect of business. Scrutiny of a company's climate awareness and adherence to applicable regulation is at the forefront of minds of companies' stakeholders.

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Blog

CMA pushing for more powers on sustainability

Published on 17 March 2022. By Ciara Cullen, Partner and Sophie Tuson, Senior Associate

Following its public consultation, the CMA has published its advice to government on how competition and consumer laws can help meet the UK's environmental goals.

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Publication

Duties of Care to Third Parties in Tax Avoidance Schemes – Disappointment for Investors in McClean as Zacaroli, J Rejects Claims

Published on 16 March 2022. By Laura Stocks, Partner and Nick Bird, Partner and Charlotte Thompson, Associate

Mr Justice Zacaroli has now handed down his judgment in David McClean and others v Andrew Thornhill QC [2022] EWHC 457 (Ch) - a ~£40m claim by investors in a tax scheme against one of the leading tax barristers in the country. The judge dismissed the claim in its entirety holding, amongst other things that the barrister did not owe a duty of care to the investors.

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Blog

Matchmaking services were subject to special place of supply rule for B2C consultancy services

Published on 16 March 2022.

In Gray & Farrar International LLP v HMRC [2021] UKUT 293 (TCC), the Upper Tribunal (UT) decided that matchmaking services supplied to clients outside the EU fell within Article 59(c) of Council Directive 2006/112/EC (the Principal Directive) and were therefore outside the scope of VAT.

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Publication

Valuers receive further clarity on External Walling Reviews

Published on 16 March 2022. By Alexandra Anderson, Partner and Binta Balogun, Trainee

As reported in our previous post, December 2019 saw the launch of a new form, the EWS1, (External Wall System 1 form) to assist with the process of valuing properties within residential buildings. The main purpose of the form remains to simplify the process of determining whether works are required to a property in a multi-storey, multi-occupancy residential block, and to what extent any works may impact a property's value.

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Publication

RPC Bites 44 - UK IPO finds gin-uine use of trade mark, another copycat product battle and plastic packaging to be scrapped for fruit and veg

Published on 15 March 2022. 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!!

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Blog

Operational Resilience - preparations for 31 March 2022

Published on 15 March 2022. By Whitney Simpson, Of Counsel and Leigh Gapinski, Senior Associate

The deadline of 31 March 2022 is approaching when new rules on operational resilience come into force.

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Podcast

The Bermuda insurance market (a podcast with Stephen Weinstein)

15 March 2022

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Stephen Weinstein, Chair of the Bermuda Business Development Agency (BDA). The topic for discussion is the Bermuda Insurance Market and why it has become a global insurance hub.

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Blog

Court of Appeal holds that Quincecare duty can arise where the customer gives instructions in authorised push payment fraud

Published on 15 March 2022. By Jonathan Cary, Partner

The Court of Appeal has allowed an appeal in relation to a bank's Quincecare duty and authorised push payment fraud, finding in favour of the customer who lost the bulk of her life savings.

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Podcast

Cum-Ex: a multi-billion tax trading scandal

14 March 2022

In a much-anticipated podcast we revisit the multi-billion tax trading scandal known as Cum-Ex, and consider recent developments and discuss why this rapidly expanding cross-border tax fraud remains of interest 5 years after it was first exposed.

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Publication

The Week That Was - 11 March 2022

Published on 11 March 2022. By Ben Goodier, Partner and Sarah O'Callaghan, Associate

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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