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PSR issues public censure on payment system operator
The Payment Systems Regulator (PSR) has recently announced its first enforcement outcome, as it issued a public censure against a payment system operator.
Read moreWealth and trusts quarterly digest, August 2017
Our quarterly digest provides up to date commentary and analysis on key sector developments.
Read moreChallenge to SRA intervention rejected
Suspicion of wrongdoing in law firms gives rise to difficult judgments.
Read moreSigned, sealed, delivered
Matthew Griffith shares some strategies for delivering successful (re)insurance M&A – before and after the ink has dried
Read moreWhat a drag
James Mee and David Wallis outline some of the issues involved in selling companies with a large employee shareholder base
Read moreEastern Power – Tribunal orders HMRC to close its enquiries despite outstanding information notices
In Eastern Power Networks Plc and others v HMRC [2017] UKFTT 494 (TC), the First-tier Tribunal (FTT) ordered HMRC to issue closure notices even though there were a number of outstanding information notices.
Read moreAvoid getting in a spin: Lessons for managing future Registered Designs cases - Spin Master Limited v PMS International Group [2017] EWHC 1477
It is relatively rare for a case management conference ("CMC") to be of sufficient interest to be the subject of an article. However, these proceedings raised general issues of how to achieve short, cost-effective hearings where one or perhaps both parties were preparing for a much longer trial.
Read moreCould 'clickstream data' put firms' websites in the spotlight?
Rachael Ellis considers the FCA's use of clickstream data to examine customers' engagement with charges information.
Read moreGovernment sets out details of new data protection legislation
The Government has today published a Statement of Intent setting out details of the forthcoming Data Protection Bill. Matt Hancock MP, the Digital Minister, says that the reforms will "bring our data protection law up to date" whilst transferring the General Data Protection Regulation ('GDPR') into domestic law. The text of the Data Protection Bill is expected in early September.
Read moreLights, camera, legal action
The law has proven a popular subject of television programmes for decades. Charlotte Thompson explores whether the drama of real life trials may soon reach the small screen.
Read moreNo duty of care owed when conducting a redress procedure
The Court of Appeal has found that banks did not owe a duty of care when conducting a past business review (PBR) of previous sales of interest rate hedging products. Although the decision is in the context of the review procedure agreed between the FCA and banks, the decision is likely to apply to all PBRs, except formal 'consumer redress schemes' under s404 FSMA.
Read moreBarton succeeds in reducing betting ban
Joey Barton has succeeded in reducing the ban imposed on him by the FA Commission following breaches of FA Rules concerning betting – but he's still banned until 1 June 2018
Read moreCourt of Appeal distinguishes Target
In a recent decision the Court of Appeal1 distinguished Target and AIB on the applicable remedy arising out of a breach of trust in a commercial transaction.
Read moreContractors and Insurers beware - Contractor found to bear the risk of an incorrect standard as fitness for purpose prevails in the Supreme Court
This morning the Supreme Court handed down its much anticipated judgment in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another [2017] UKSC 59. The Judgment should be of concern to both contractors and their insurers.
Read moreGray – FTT allows appeal against discovery assessment as ITV correctly accounted for PAYE
In Gray v HMRC [2017] UKFTT 0275, the First-tier Tribunal (FTT) allowed the taxpayer's appeal against a discovery assessment in relation to a termination payment as there was no additional tax to assess in the relevant year and in any event the assessment was out of time.
Read moreNew corporate criminal offence
Failure to prevent the facilitation of tax evasion
Read moreNew corporate tax evasion offences – the clock is ticking!
Financial services firms should ensure they have in place appropriate policies and procedures as they prepare for the new corporate tax evasion offences.
Read moreRangers: Supreme Court confirms remuneration paid through EBT is subject to income tax
In RFC 2012 Plc (in liquidation) (formerly The Rangers Football Club Plc) v Advocate General for Scotland [2017] UKSC 45, the Supreme Court has held that remuneration payments made into an employees' remuneration trust were earnings for income tax and NICs purposes.
Read moreWho has to sign a s106 agreement?
The question of who needs to sign a s106 agreement can be a bone of contention between applicants and local planning authorities. Opposing views can risk planning consents being held up, or third parties challenging consents for failure to properly secure essential mitigation. So who, then, should sign planning agreements?
Read moreSpare parts and intellectual property: the distinction between "informative use" and "misleading use"
The Court of Appeal has allowed an appeal against a decision of the Intellectual Property Enterprise Court ("IPEC") that a repair company had not infringed certain BMW trade marks.
Read moreUsing VR in sports – virtual insanity or future reality?
Stoke City has become the latest Premier League club to announce that it will use virtual reality (VR) technology as a training tool for its goalkeepers.
Read moreIs it game over for ground rent?
Considering the recent Government proposals to change the rules on ground rent and how those proposals may affect developers.
Read moreTax update, August 2017
In this update we report on the Government’s intention to use the Finance Bill (No. 2) 2017 to retrospectively implement the policies dropped from the first Finance Act 2017; amendments to the new disguised remuneration provisions in the Income Tax (Earnings and Pensions) Act 2003; and the implementation of the guidance requirement under the Criminal Finances Act 2017
Read moreWhen can publishing newspaper articles amount to harassment?
The High Court has struck out part of a harassment claim against the publisher of the Daily Mail and Mail Online. Unless the Judge's order is successfully appealed, the remaining harassment claim will proceed to trial.
Read moreSM&CR: what should the insurance sector be doing to prepare?
On 26 July 2017, the FCA and PRA published three consultation papers outlining their proposals for the extension of the senior managers and certification regime (SM&CR) to all authorised firms.
Read moreAdvertisement consent – five rules for retailers
A summary of advertisement control for retailers in England, including deemed consent provisions, applications, standard conditions and discontinuance orders.
Read moreAdvertisement consent – five rules for retailers
A summary of advertisement control for retailers in England, including deemed consent provisions, applications, standard conditions and discontinuance orders.
Read moreDerry – HMRC prevented from collecting tax in avoidance case
In R (ota of James Derry) v HMRC [2017] EWCA Civ 435, the Court of Appeal, in allowing the taxpayer's appeal, confirmed that HMRC is not able to ignore a claim for carried back loss relief where the taxpayer has self-assessed and computed his liability to tax.
Read moreSupreme Court endorses open justice principle
The Supreme Court has handed down its much anticipated judgment on reporting restrictions and the principle of open Justice in the case Khuja (formally PNM) v Times Newspapers Limited.
Read moreCMA approves new payment systems operator
On 12 July 2017, the Competition and Markets Authority (CMA) approved the consolidation of the operators of Cheque and Credit Clearing Company, Faster Payments and Bacs into a new payment systems operator (NPSO). This consolidation was one of the key recommendations in the PSO Delivery Group's (PSODG) Report of 4 May 2017.
Read moreVAT update, July 2017
In this month’s update we report on HMRC’s recent guidance on its approach to supply splitting; the Supreme Court hearing in the Littlewoods compound interest case; and the revised timetable for “Making Tax Digital”.
Read more欧州Ｍ＆Ａ最前線 2017年７月
７月は、非常に蒸し暑いハノイでこの記事を書いている。ベトナムは今、強い意欲と勤勉な国民、そして多額の外国直接投資（ＦＤＩ）に支えられ、どんどん開発が進んでいる。
Read moreOdd but clear contract lines not to be disturbed by the Court
In a recent Commercial Court decision on the construction of a tailored demurrage provision in a charterparty, the Court refused to rewrite the parties agreement regarding demurrage merely because "it might be thought odd".
Read moreStay in your lane! How expert witnesses can stray away from their duty to the Court
The judgement in 125 OBS Nominees (1) and anr v Lend Lease Construction (Europe) and anr [2017] provided useful judicial clarification as to when expert evidence from certain disciplines will and will not be appropriate and how experts can walk a fine line between advocating their client's case and providing independent evidence.
Read moreA shot in the arm for football sponsorship – clubs take advantage of new shirt sleeve regulations
As forecasted in our blog post back in April, it wasn't long before other Premier League teams followed Manchester City's lead in announcing major tie-ups for shirt sleeve sponsorship.
Read moreNew corporate criminal offence
Failure to prevent the facilitation of tax evasion
Read moreFCA's review into non-advised retirement product sales
The FCA has published its retirement outcomes review interim report. The report forms part of the FCA's assessment of the impact of the pension freedoms on the pension market and consumer behaviour. Although the focus of the report is non-advised sales it provides a useful insight for all those involved in the pensions market in relation to (1) customer behaviour post the introduction of the pension freedoms and (2) how the pension market is responding to those reforms. The report also puts forward some proposed "remedies" in relation to areas where the FCA considers behaviour may be detrimentally impacting customers. The remedies include permitting customers to access part of their pension at an earlier date in what appears to be an attempt by the FCA to steer customers away from drawdown products.
Read moreKnow your (package) limitations
High Court decision clarifying application of the Hague-Visby Rules (HVR) to sea waybills and package limitation for containerised goods
Read more"Please sir, may I have some more [damages for failure to consent]?" No, says the Court of Appeal.
Shaw v Kovac: Court of Appeal rejects claim for an additional, separate award of damages for failure to obtain informed consent.
Read moreHigh Court sheds light on compulsory jurisdiction of Financial Ombudsman Service
The High Court has provided some clarification of the scope of the compulsory jurisdiction of the Financial Ombudsman Service (FOS). The decision has left the scope of that jurisdiction open to discussion, and appears to suggest that the courts will take a more mechanical approach to reviewing regulatory decisions.
Read moreHigh Court sheds light on compulsory jurisdiction of Financial Ombudsman Service
The High Court has provided some clarification of the scope of the compulsory jurisdiction of the Financial Ombudsman Service (FOS). The decision has left the scope of that jurisdiction open to discussion, and appears to suggest that the courts will take a more mechanical approach to reviewing regulatory decisions.
Read moreFood for thought
With New Year's resolutions to eat better now long forgotten, we discuss some top tips to push that 4pm sugar slump and ensure ultimate concentration while at work.
Read moreRestructuring and insolvency roundup, July 2017
In this roundup, we consider four recent cases with implications for practitioners in the restructuring and insolvency sector.
Read moreIndian sports broadcast network 'bowled out' for breach of a media rights agreement
This article considers New Zealand Cricket (Incorporation) v Neo Sports Broadcast PVT Ltd in which the High Court exercised its discretion and lifted a stay to allow the claimant, New Zealand Cricket, to successfully obtain summary judgment on a breach of contract claim with elements of bad faith counter-arguments.
Read moreWhat is "reasonable" when making a recovery?
Recovering sums paid out in settlement through court proceedings is an area of law where the Court's ability to resolve a dispute according to what is fair, proportionate and commercially sensible is alive and well.
Read moreComplex contracts and intricate inconsistencies – a reminder of the court's approach to contractual interpretation
In a year in which the Supreme Court will have produced two Judgments on the topic of contractual interpretation, the TCC's judgment in 125 OBS v Lend Lease is a useful reminder of the courts' approach to resolving these disputes and their attempt to find a balance between the so-called literal and commercial approaches to interpretation.
Read more“Last man standing”
What duties does a monitoring surveyor owe to a lending bank?
Read moreMiFID II Policy Statement: still not had a chance to read it?
Rachael Ellis summarises some of the FCA's key new conduct requirements arising from MiFID II now that it has published its final rules.
Read moreI see no ships – condition precedents under FOB contracts
A recent judgment of the Commercial Court suggests that a FOB buyer can be excused from nominating a vessel by an unaccepted renunciation of contract by a seller. This blog questions the court's approach in this case and examines the basic principles engaged.
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