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Schrems II – Groundhog Day for Data Transfers

17 July 2020

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On Thursday 16 July, the Court of Justice of the European Union (“CJEU”) delivered its judgment in one of the most highly anticipated court cases in data protection, Case C-311/18 Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (widely referred to as “Schrems II”). This decision came almost 8 months after Advocate General Saugmandsgaard Øe published his Opinion, which albeit not binding, provided a strong indication for the CJEU's judgment.

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Publication

Sports Ticker 17 - Man City, British Gymnastics and Varnish

Published on 17 July 2020. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, Associate

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

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Blog

El Dorado in the Commercial Court: Domestic Law, Foreign Law and Foreign Relations

17 July 2020

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Why is a dispute between Mr Nicolás Maduro and Mr Juan Guaidó as the rival contenders to the Presidency of Venezuela being heard by the English Commercial Court? The answer involves US$1 billion of gold reserves held at the Bank of England and who has the authority to deal with them.

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Blog

It's good to talk

Published on 16 July 2020. By Andy McGregor, Head of Civil Fraud and Adam Forster, Senior Associate

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A successful party has been declined some of its costs on the basis of an unreasonable refusal to engage in mediation. Wales (t/a Selective Investment Services) v CBRE Managed Services Ltd & Aviva.

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Publication

Is your OEE cover under control?

15 July 2020

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This month marked the 32nd anniversary of the devastating fire and explosion which destroyed the Piper Alpha platform in the UK sector of the North Sea. The event remains one of the largest ever offshore catastrophes, tragically claiming 167 lives.

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Podcast

A look at US insurance trends

15 July 2020

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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 Scott Seaman, co-chair of the insurance practice group at our US alliance firm Hinshaw & Culbertson. For this episode we will be looking at; social inflation, bad faith and punitive damages in the context of the US insurance market.

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Blog

Pickles - Credit available for drawing from directors' loan accounts not taxable as distributions

Published on 15 July 2020.

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In Pickles v HMRC [2020] UKFTT 00195 (TC), the First-tier Tribunal (FTT) held that excessive consideration for goodwill left outstanding on directors' loan accounts was not taxable under section 1020, Corporation Tax Act 2010 (CTA), as distributions.

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Blog

Wheeling and Dealing: how e-scooters could spin opportunities for insurers

Published on 14 July 2020. By Sharona Zovich, Trainee Solicitor

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E-scooters, or "Personal Light Electric Vehicles," have become increasingly popular on a global scale over recent years.

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Blog

M&A - how due diligence is being changed by coronavirus

Published on 13 July 2020. By Jeremy Cunningham, Partner

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This blog considers what new areas of M&A due diligence may need to be prioritised in light of business changes brought about by coronavirus and the resulting disruption to normal business activity.

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Blog

VAT'll do nicely – temporary VAT rate cut to boost hospitality and tourism sectors

Published on 13 July 2020. By Ben Roberts, Partner

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Last week, as part of efforts to boost the UK economy in light of the Covid-19 pandemic, the Chancellor announced a temporary (6 month) cut in the rate of VAT for certain supplies of hospitality, hotel and holiday accommodation, and admissions to certain attractions.

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Publication

Examining the time bar for causes of action for the tort of negligent misrepresentation

10 July 2020

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Section 24A of Singapore’s Limitation Act (Cap. 163) provides, amongst other things, that the limitation period for any cause of action for damages for negligent misrepresentation accrues upon proof of damage in reliance of the negligent misrepresentation.

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Blog

Hong Kong Courts – Further guidance on remote court hearings

Published on 10 July 2020. By Carmel Green, Partner

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A second, more comprehensive guidance note on remote hearings in civil proceedings came into effect on 15 June 2020. The phase 2 guidance note provides for expanded videoconferencing facilities and telephone hearings with respect to the civil business of the first instance courts and the Court of Appeal, and is to be read together with the phase 1 guidance note issued on 2 April 2020.

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Blog

Medical Devices Regulation on the horizon

Published on 09 July 2020. By Peter Rudd-Clarke, Legal Director

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The EU Regulation on Medical Devices 2017/745 (the MDR) had been due to become fully applicable on 26 May 2020.

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Blog

Audit market: From recommendations to reforms

Published on 09 July 2020. By Davina Given, Partner

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The Brydon Report on audit quality and effectiveness was released on 18 December 2019. The Report sets out recommendations for “urgent reform” in order to increase public confidence and seek to prevent unnecessary corporate failures.

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Blog

SMCR: The tricky implementation phase

Published on 09 July 2020. By Lucy Kerr, Senior Associate

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The Senior Managers and Certification Regime (SMCR) came into force for all financial services firms solo-regulated by the Financial Conduct Authority (FCA) on 9 December 2019. The SMCR replaces the previous APER regime under which the FCA had oversight of the individuals working in the financial services industry. There is a one year implementation period for firms to make the changes required by the SMCR, which expires on 9 December 2020.

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Publication

Regulatory Radar 2020/21

09 July 2020

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Welcome to the 2020/21 edition of RPC’s annual Regulatory Radar – a guide to the key regulatory changes worth having on your radar. We hope this will be a useful resource, helping you scan the regulatory horizon and highlight changes that could impact your business.

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Blog

RPC Bites #12

Published on 08 July 2020. 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

Ampleaward - purchaser using UK VAT number not liable for UK acquisition VAT where goods housed in overseas warehousing regime

Published on 08 July 2020. By Michelle Sloane, Partner

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In Ampleaward Ltd v HMRC [2020] UKUT 0170 (TCC), the Upper Tribunal (UT) has found in favour of the taxpayer and confirmed that HMRC was not entitled to claim UK acquisition VAT on the purchase of alcohol from a supplier situated in a second EU state, which was then delivered to a tax warehouse in a third EU state.

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Blog

Is more co-operation the new normal?

Published on 07 July 2020. By Jonathan Wyles, Of Counsel

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What keeps you as a lawyer awake at night during the coronavirus pandemic? The list is likely to be very long and the fear of making a mistake will be close to the top. Help may come from some unexpected quarters such as the Courts.

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Blog

Corporate Insolvency and Governance Act 2020: What's changed for companies?

Published on 06 July 2020. By Ella Shanks, Associate

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The Corporate Insolvency and Governance Act 2020 (the Act) came into force on 27 June 2020

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Publication

Sports Ticker 16 - Wigan, Beckham and Rashford

Published on 03 July 2020. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, Associate

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

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Blog

Restarting your business and implementing Government guidance to support NHS Test and Trace

Published on 02 July 2020. By Jon Bartley, Partner

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In its latest guidance on keeping workers and customers safe during COVID-19 in restaurants, pubs, bars and takeaway services (23 June 2020), the Government has recommended that businesses operating in these sectors keep a temporary record of customers and visitors for 21 days. This will assist NHS Test and Trace with requests for that data if needed.

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Blog

Restarting your business and implementing Government guidance to support NHS Test and Trace

Published on 02 July 2020. By Jon Bartley, Partner

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In its latest guidance on keeping workers and customers safe during COVID-19 in restaurants, pubs, bars and takeaway services (23 June 2020), the Government has recommended that businesses operating in these sectors keep a temporary record of customers and visitors for 21 days. This will assist NHS Test and Trace with requests for that data if needed.

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Blog

Waiving goodbye to privilege – reliance is key

Published on 02 July 2020. By Daniel Hemming, Partner

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In what circumstances will a party waive privilege over legal advice by referring to it in evidence?

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Publication

Tax Bites - July 2020

Published on 02 July 2020. 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.

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Blog

Hart v Large: Important guidance for surveyors when advising prospective purchasers

Published on 02 July 2020. By Alexandra Anderson, Partner and Lucy Cadwallader, Associate

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The judgment in Hart v Large provides important guidance on the scope of a surveyor's duty when advising prospective purchasers. It also highlights that the courts may be willing to depart from the usual measures of loss, in order to achieve what they consider to be a fair outcome.

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Blog

HMRC powers to tackle furlough fraudsters – take action now!

Published on 02 July 2020. By Michelle Sloane, Partner

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At the time of writing, over 25% of the UK workforce is being supported by the Government's Coronavirus Job Retention Scheme (the furlough scheme) at a cost of around £20 billion. In addition to this, some 2.6 million people are enrolled on the Self-Employment Income Support Scheme (the SEISS) at an additional cost of £7.5 billion.

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Blog

All change! No extension means major changes for IP rights holders from 1 January 2021

Published on 02 July 2020. By Ben Mark, Partner and Sarah Mountain, Senior Associate

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Under Article 132 of the Withdrawal Agreement, 30 June 2020 was the last day that the UK could have requested an extension to the Brexit transition period. The COVID-19 outbreak prompted many to speculate that a request would be made but the deadline passed, without event.

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Blog

All change! No extension means major changes for IP rights holders from 1 January 2021

Published on 02 July 2020. By Ben Mark, Partner and Sarah Mountain, Senior Associate

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Under Article 132 of the Withdrawal Agreement, 30 June 2020 was the last day that the UK could have requested an extension to the Brexit transition period. The COVID-19 outbreak prompted many to speculate that a request would be made but the deadline passed, without event.

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Blog

'Nosecco' is a no-no, says the High Court

Published on 01 July 2020. By Ciara Cullen, Partner and Sarah Mountain, Senior Associate

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In recent years, health and wellbeing has been big business in the UK. The COVID-19 outbreak has only further stoked the desire to obtain and maintain healthy minds and bodies and the trend looks set to continue, across the retail sector.

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Publication

Health and Safety Bulletin – June 2020

01 July 2020

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Welcome to the latest edition of our Health and Safety update.

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Publication

Health and Safety Bulletin – June 2020

01 July 2020

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Welcome to the latest edition of our Health and Safety update.

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Blog

Bella Figura – Unauthorised payment charge set aside

Published on 01 July 2020. By Constantine Christofi, Senior Associate

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In HMRC v Bella Figura [2020] UKUT, the Upper Tribunal (UT) held that a scheme sanction charge stood as a valid assessment and partially allowed the taxpayer's cross-appeal, setting aside HMRC's assessments of an unauthorised payments charge and surcharge as being out of time.

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Blog

Cyber bytes - Issue 17

Published on 01 July 2020. By Richard Breavington, Partner and Christopher Ashton, Associate and Rachel Ford, Associate

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

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Publication

Take 10 #2

30 June 2020

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Welcome to RPC's fortnightly digest for media lawyers. This month's digest reports on key media developments and latest cases.

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Publication

Take 10 #1

30 June 2020

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Welcome to RPC's fortnightly digest for media lawyers. This month's digest reports on key media developments and latest cases.

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Blog

PRA and FCA joint forum publishes guidance to all firms on climate-related financial risks

Published on 30 June 2020. By Edward Colville, Legal Director

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On 29 June 2020, the Climate Financial Risk Forum (CFRF) published a guide providing practical recommendations to firms of all sizes on the financial risks associated with climate change.

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Blog

COVID-19 Update on Commercial Tenants' Rights Regarding Rent

Published on 29 June 2020. By Sarah Wilkinson, Senior Associate and Catherine Young, Associate

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This blog sets out an update to government intervention affecting commercial tenants in response to COVID-19. We are continuing to field numerous enquiries from tenants seeking advice about whether rent holidays, reductions and other concessions can be obtained in these unprecedented times.

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Blog

No hugs or kisses from the General Court

Published on 29 June 2020. By Sarah Mountain, Senior Associate and Samuel Coppard, Associate

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The General Court has dismissed an action brought by Global Brand Holdings, LLC (Global Brand), against the European Union Intellectual Property Office (EUIPO). The action concerned the EUIPO's refusal to register an EU trade mark (EUTM) for "XOXO" on grounds that it lacked distinctive character.

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Publication

Corporate tax update - June 2020

Published on 26 June 2020. By Ben Roberts, Partner and Adam Craggs, Partner and Robert Waterson, Partner

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Welcome to the latest edition of our corporate tax update, written by members of RPC’s tax team. This month’s update reports on some of the key developments from May 2020. As well as some further COVID-19 related tax developments, this month’s report also has a bit of a sports theme with summaries of decisions involving an ex-England cricket captain and football referees. As ever we hope you, your family and friends are all staying safe.

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Publication

V@ update - June 2020

Published on 26 June 2020. By Adam Craggs, Partner and Rebekka Sandwell, Associate

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Welcome to RPC's V@, a monthly update on developments in the VAT world that may impact your business. In this month’s update we report on (1) VAT treatment on fixed odds betting terminals and gaming machines; (2) VAT treatment of property search fees charged by solicitors and conveyancers; and (3) domestic reverse charge VAT for construction services ­delay in implementation.

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Blog

Privileged but admissible? When can without prejudice material be pleaded in statements of case?

Published on 26 June 2020. By Simon Hart, Partner and Rosy Gibson, Associate

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The High Court considered the scope of the existing exceptions to the Without Prejudice Rule in its recent decision of Berkeley Square Holding & others v Lancer Property Asset Management & others(1). This well-known rule protects communications made in a genuine attempt to settle an existing dispute from later deployment in court. The Court allowed passages from papers prepared for a mediation to be admitted into the proceedings under two exceptions to the Without Prejudice Rule.

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Publication

Regulatory update - June 2020

Published on 26 June 2020. By Gavin Reese, Partner

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Welcome to the June edition of our monthly Regulatory Update, which aims to pull together key developments from the past month across the various UK regulators – and help you to navigate the regulatory maze.

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Publication

Spotlight on private wealth - June 2020

25 June 2020

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Our quarterly update is designed to keep you up to speed with developments in the private wealth world.

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Blog

FCA appoints new CEO

Published on 25 June 2020. By Jennifer Inman, Paralegal

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The Financial Conduct Authority (FCA) has appointed Nikhil Rathi, the UK head of the London Stock Exchange, as its new permanent chief executive, making him the first BAME leader of the UK's city regulator.

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Publication

Sports Ticker 15 – Black Lives Matter, Dillian Whyte and Disney

Published on 24 June 2020. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, Associate

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

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Blog

RPC Bites #11

Published on 24 June 2020. 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

Sippchoice – Allowable contributions to a SIPP are restricted to payments of money

Published on 24 June 2020. By Constantine Christofi, Senior Associate

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In HMRC v Sippchoice Ltd [2020] UKUT 0149 (TCC), the Upper Tribunal (UT) has allowed HMRC’s appeal and confirmed that 'contributions paid' to a SIPP are restricted to contributions of money and do not encompass transfers of non-monetary assets.

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Blog

Relief from sanction: claimant being forced to pursue his solicitors for negligence is not desirable

Published on 23 June 2020. By Aimee Talbot, Senior Associate and Will Sefton, Partner

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A recent High Court decision demonstrates a common-sense, realistic approach to relief from sanctions. Solicitors might have become used to judges, when striking claims out, reassuring the claimant that they can always sue their solicitors for negligence. In a welcome judgment, Mr Justice Fancourt reversed a decision to refuse relief from sanction.

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Blog

SRA powers and client legal professional privilege: Part I

Published on 23 June 2020. By Graham Reid, Partner

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Legal professional privilege gets a pretty good billing in the case-law.

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