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How would a Brexit affect Intellectual Property laws in the UK?
The future of IP law in the UK might not be at the top of your list of considerations when thinking about which way to vote on the 23 June. However, this area of law is heavily harmonised across the EU meaning that a vote to leave could have serious ramifications for businesses relying on IP rights.
Read moreCaveat Emptor: Buyer's inadequate notice precludes £3.5m warranty claim
In Teoco v Aircom (unreported), the High Court has held that a buyer gave inadequate notice of certain breach of warranty claims, thereby preventing it from pursuing those claims (worth c. £3.5m).
Read moreHow would a Brexit affect the banking and finance sector in the UK?
Financial services represent around £26bn or 57.5% of the City of London's total income and accounts for 7.5% of the total national income of Great Britain; 18% of cross-border lending is arranged in the UK and over 250 foreign banks are in London. A Brexit could threaten the City of London's well established reputation as detailed below.
Read moreThe new 'notification injunction'
In Holyoake v Candy the High Court considered the court's power to grant a "notification injunction" requiring the Defendants to give written notice before disposing or dealing with their assets. The decision is of interest to applicants seeking an alternative to a freezing injunction where there is concern that a respondent may deal with their assets so as to frustrate the enforcement of any future judgment.
Read moreAnti-suit injunctions
In Sea Powerful II, the Court of Appeal in Hong Kong recently dismissed a plaintiff ship owner's appeal against a judge's refusal to grant an anti-suit injunction to restrain the holder of a bill of lading from continuing with court proceedings in mainland China in breach of a Hong Kong arbitration clause
Read moreHow would a Brexit affect the property market in the UK?
Industry participants have forecast a slowdown in residential and commercial property markets in the lead up to polling day on 23 June.
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How would a Brexit affect the cost of living in the UK?
The Brexit campaign is littered with statistics about the impact of a Brexit on the UK's economy. But how does this translate to its potential impact on the cost of living?
Read moreHow would a Brexit affect law firms in the UK?
As with many sectors, the implications of a Brexit for law firms in the UK are largely unknown and heavily dependent on the UK's relationship with the EU. Law firms will need to be alive to the impact across different practice areas as well as on the business as a whole.
Read moreHow would a Brexit affect environmental protection in the UK?
In 2013, the EU introduced an interim ban on a class of pesticides called neonicotinoids.
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How would a Brexit affect the insurance industry in the UK?
The insurance industry plays an essential part of the UK economy and manages investments equivalent to 25% of the UK’s total net worth.
Read moreHow would a Brexit affect online shopping from the EU?
In or out? No matter which side you’re on, there’s one thing we can all agree on: we buy a lot from Europe.
Read moreHow would a Brexit affect our trade relationship with Europe?
There are a number of variables which would materially shape our trade relationship with Europe in a post-Brexit world.
Read moreHow would a Brexit affect financial services regulation in the UK?
Financial services is one of the UK's most important sectors, contributing over £126bn to the UK economy and representing 10% of GDP. The key post-Brexit issues for the sector are summarised below.
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Tax update
The Finance Bill 2016 contains provisions which will introduce a specific penalty linked to the General Anti-Abuse Rule (GAAR) provisions.
Read moreComic Enterprises remains gleeful as CofA upholds series marks
The Court of Appeal recently ruled on an outstanding aspect of the appeal brought by Twentieth Century Fox in the "Glee" trade mark dispute.
Read more"New" Third Parties (Rights Against Insurers) Act and what corporates need to know
The Third Parties (Rights Against Insurers) Act 2010 and the late payment provisions in the Insurance Act 2015 changes are set out
Read moreMax Schrems toppled Safe Harbor – will the Model Clauses be next?
On Monday, the Irish Data Protection Commissioner announced that it intends to seek clarification on the legal status of the EU Standard Contractual Clauses (the Model Clauses).
Read moreBreak Notice – All 4 one?
The recent Chancery Division case of Levett-Dunn & ors v NHS Property Services Ltd [2016] EWHC 943 (Ch) considers the validity of a break notice served on four landlords, all "care of" the same address.
Read moreWould you know what to do if you received a Production Order from HMRC?
Last year HMRC issued over 1,400 production orders. They were issued by HMRC’s Criminal Investigation Directorate, as part of investigations into tax evasion and money laundering.
Read moreWorld eSports Association formed
A new governing association was formed this month by the Electronic Sports League (“ESL”) and a number of eSports teams.
Read moreFinancial List signposts tough road for contractual construction
A recent decision in the High Court (Hayfin v Windermere VII CMBS), one of the first from the Financial List, has demonstrated a strict approach to contractual construction and interpretation in relation to negotiated documentation for financial traded instruments. It also shows the potential of the Financial List to provide helpful and clear guidance on the application of existing case law in the context of financial markets.
Read moreFIFA’s Member Associations approve package of reforms
“FIFA is currently going through the worst crisis of its history. The current crisis should also be considered as a unique opportunity for FIFA to renew itself.”
Read moreFCA focuses on suitability
Have you received a request from the FCA for your suitability reports recently?
Read moreTribunal allows taxpayer's appeal following poor customer service by HMRC
In Usher & Perkins, Executors of Terence J Guy (deceased) v HMRC [2016] (TC04849), the First-tier Tribunal (FTT), allowed the executors' appeal against a penalty.
Read moreAdvising on accessing pension pots, is there gold at the end of the rainbow?
As readers of this blog will know, sweeping changes were made to the UK pensions industry in April 2015 which allowed retirees to access the full value of their pension fund without the need to purchase an annuity.
Read moreCosts - issue at your peril
A recent decision re-emphasises the costs risks a claimant faces if it issues proceedings but does not serve them.
Read moreInsurers liable to pay damages to insureds for late claims payment
For insurance policies entered into after 4 May 2017, insurers could be liable to policyholders for late payment of claims. It will be an automatically implied term of the policy that sums due from insurers must be paid within a reasonable time.
Read moreThe "new" Third Parties (Rights Against Insurers) Act and late payment of insurance claims
After a delay of just six years, it was finally confirmed this week that the Third Parties (Rights Against Insurers) Act 2010 will come into force on 1 August 2016.
Read moreMining for claims: a year on from Proctor v Raleys
A year has now passed since the Court of Appeal's decision in Proctor v Raleys, a judgment which highlighted the difficulties defendant solicitors will face in stating that they gave sufficient advice if the advice they gave was contained in precedent letters and questionnaires (especially if they didn't actually meet the client, as was the case with the unfortunate Mr Raley).
Read moreTake it to the limit (but no further)
In a recent judgment handed down on 12 April 2016, the Hong Kong Admiralty Court examined whether or not crew members' acts or omissions could be regarded as a shipowner's personal acts or omissions for the purposes of breaking limitation under the Convention on Limitation of Liability for Maritime Claims 1976 ("LLMC") [FN1].
Read moreTribunal considers carelessness test and finds discovery assessments to be invalid
In Bubb v HMRC [2016] UKFTT 0216 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeals and concluded that two discovery assessments made by HMRC under section 29, TMA 1970, were not validly made because only part of the tax underpayment resulted from the taxpayer's carelessness.
Read moreHow effective is China's corruption crackdown?
At the 18th National Congress of the Communist Party of China on 8 November 2012, Chinese President Xi Jinping vowed to hunt down 'tiger and flies'; in other words, crack down on the endemic corruption between high-level officials and lower-level civil servants.
Read moreTax update
In the 2016 Budget, the Chancellor announced proposed legislation to tackle so-called “disguised remuneration”. HMRC has now published an impact note and draft legislation.
Read moreCorporate tax update
Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team and published quarterly. In this edition we highlight some of the key tax developments of interest to UK corporates from the first quarter of 2016.
Read moreNotice of termination provisions - not all they're cracked up to be
In Vinergy International (PVT) Limited v Richmond Mercantile Limited FZC the High Court held that the respondent had been entitled to accept the appellant's repudiatory breach and terminate their contract without complying with the notice requirements.
Read moreA Mayor Fayre
Thursday May 5 2016 will (hopefully) see Londoners flocking to their local polling stations to vote for the next London Mayor.
Read moreTribunal finds that deferred shares are ordinary shares for the purposes of entrepreneurs' relief
In Alan Castledine v HMRC [2016] UKFTT 145, the First-tier Tribunal (FTT) dismissed Mr Castledine's appeal and found that deferred shares qualified as ordinary shares for the purposes of entrepreneurs' relief.
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