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RSA: ICO issues £150,000 fine

20 March 2017

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The ICO has fined Royal & Sun Alliance (RSA) £150,000 for losing the personal information of nearly 60,000 customers.

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Data protection: “Post-Brexit” data transfers and privacy standards

20 March 2017

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In February 2017, the UK Government published a white paper setting out its approach to the forthcoming negotiations on exiting the European Union, and its vision for a “post-Brexit” settlement.

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Data protection - Supervisory authorities one-stop-shop: WP29 guidelines

20 March 2017

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The final draft of the GDPR enables local regulators to deal with local issues which relate only to their territory.

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Data protection officers WP29: guidelines

20 March 2017

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When the GDPR comes into force in May 2018, it will be mandatory for certain data controllers and processors to designate a Data Protection Offcer (DPO).

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Data protection - The right to data portability: WP29 guidelines

20 March 2017

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WP29 has published guidelines on the interpretation and implementation of the right to data portability under Article 20 of the General Data Protection Regulation.

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Secret 'wealth-screening' by charities breaks data laws

20 March 2017

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An ICO investigation into charity fundraising practices has led to two charities being fined and eleven being issued with Notices of Intent to fine.

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Data protection: the new ePrivacy Regulation

20 March 2017

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The EU Commission has published its proposal for a new ePrivacy Regulation.

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Privilege The RBS Rights Issue Litigation [2016] EWHC 3161 (Ch)

20 March 2017

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Does legal advice privilege extend to communications between a lawyer and their client’s employees other than those employees who are authorised to seek and receive legal advice?

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Chancellor Philip Hammond announces Government plans for consumer protection

20 March 2017

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What is on the Government’s agenda for consumer protection?

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Intellectual property – trade marks/passing off Victoria Plum Ltd (t/a as “Victoria Plumb”) v Victorian Plumbing Ltd and others

20 March 2017

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When will keyword bidding constitute trade mark infringement or passing off?

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Penalties Vivienne Westwood Limited v Conduit Street Development Limited [2017] EWHC 350 (Ch)

20 March 2017

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Whether the termination of a side letter that allowed a tenant to pay a reduced rent amounted to a penalty and was unenforceable as a result.

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Intellectual property – confidential information Wade and others v British Sky Broadcasting Ltd [2016] EWCA Civ 1214

20 March 2017

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What confidential information exists in an idea and what amounts to misuse?

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New CAP guidance on affiliate marketing

20 March 2017

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Is your “affliate marketing” obviously identifiable as an advert?

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Contractual interpretation Dooba Developments Ltd v McLagan Investments Ltd [2016] EWHC 2944 (Ch)

20 March 2017

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What was meant by a clause entitling either party to rescind where “all of the Conditions have not been discharged”?

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ASA Ruling on John Lewis Partnership PLC

20 March 2017

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Can you pull a promotion if you’re nervous about stock levels?

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The VW emissions scandal – the tip of the iceberg?

20 March 2017

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The Volkswagen (VW) emissions scandal relates to “defeat devices” that are able to sense when the car is undergoing emissions testing and accordingly activates equipment that reduces nitrogen oxide emissions.

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Software licensing: SAP UK Limited v Diageo Great Britain Limited [2017] EWHC 189 (TCC)

20 March 2017

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What are the risks of “indirect” use of software?

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Software licensing: SAP UK Limited v Diageo Great Britain Limited [2017] EWHC 189 (TCC)

20 March 2017

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What are the risks of “indirect” use of software?

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Software licensing: SAP UK Limited v Diageo Great Britain Limited [2017] EWHC 189 (TCC)

20 March 2017

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What are the risks of “indirect” use of software?

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Implied terms: Teekay Tankers Ltd v STX Offshore and Shipbuilding Co Ltd [2017] EWHC 253 (Comm)

20 March 2017

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Whether the court will imply essential terms to give effect to the parties’ intention to enter into a legally binding agreement.

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Implied terms: Irish Bank Resolution Corp Ltd (In Special Liquidation) v Camden Market Holdings Corp [2017] EWCA Civ 7

20 March 2017

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In what instances will an express contractual power be subject to an implied qualification?

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Consequential loss: Star Polaris LLC v HHIC-Phil Inc [2016] EWHC 2941 (Comm)

20 March 2017

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What is the meaning of the phrase “consequential or special losses” in the context of a limitation of liability clause?

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Blog

Tribunal allows taxpayers' appeal in foreign exchange losses case

Published on 16 March 2017. By Alexis Armitage, Associate

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In Smith and Nephew Overseas Limited and others v HMRC [2017] UKFTT 151, the First-tier Tribunal (FTT) allowed appeals against HMRC's disallowance of foreign exchange losses incurred as a result of a change in functional currency following a company reorganisation.

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Italian data protection authority issues fines totalling more than €11m for illegal data processing

Published on 14 March 2017. By Eliot Henderson, Associate

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The fines are thought to be the highest ever issued by a European data protection authority.

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The Insurance Block Exemption: The End of an Era

Published on 13 March 2017. By Melanie Musgrave, Senior Associate and Lambros Kilaniotis, Partner

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31 March 2017 sees the expiry of the Insurance Block Exemption

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Between a rock and a hard place

Published on 13 March 2017. By Alexandra Anderson, Partner

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Difficulties for lenders arising out of limitation

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“Gagging orders”: an office holder’s secret weapon

13 March 2017

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Practitioners are fully aware of the extensive powers available under ss 235 and 236 of the Insolvency Act 1986 (IA 1986) allowing administrators and liquidators as office holders (OHs) to require individuals and organisations to disgorge information.

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Planning to Protect Pubs

09 March 2017

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A review of recent article 4 directions removing permitted development rights from pubs and proposed legislation to protect them from development and demolition.

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Ridgecrest – Tribunal allows appeal against Regulation 80 determinations

Published on 08 March 2017. By Adam Craggs, Partner

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In Ridgecrest Cleaning Services Pendergate Ltd v HMRC [2016] UKFTT 778 (TC), the First-tier Tribunal (FTT) allowed an appeal against determinations of underpaid tax made under Regulation 80 of the Income Tax (PAYE) Regulations 2003 (the PAYE Regulations), as HMRC had not obtained the necessary statutory consent from the Appellant to notify it of changes to employee PAYE codes electronically.

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Licensees beware - SAP wins victory against Diageo for breach of software licence agreement

Published on 08 March 2017. By Eliot Henderson, Associate

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In a significant ruling for software customers and providers, the High Court found that Diageo breached the "Named User" pricing mechanism of its software licence agreement with SAP.

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In-specie pension contributions - what's the fuss all about?

Published on 08 March 2017. By Rachael Healey, Partner

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SIPP and SSAS providers and members continue to be left in limbo over potential tax charges arising from in-specie contributions. HMRC has suspended tax relief on contributions whilst it investigates the position, leaving providers and members without tax relief and the risk of tax assessments back to 2009.

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Publication

FOS backs down and agrees: award limit applies in avoidance cases

Published on 08 March 2017. By Robert Morris, Partner

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In R (on the application of Aviva Life & Pensions (UK) Limited) v Financial Ombudsman Service [2017]1 Aviva judicially reviewed a Financial Ombudsman Service decision that required them to reinstate a life insurance policy they had avoided for non-disclosure.

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Financial litigation roundup

Published on 06 March 2017. By Tom Hibbert, Global Head of Commercial Disputes

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Welcome to the latest edition of our financial litigation roundup, which considers recent judgments, ongoing cases and legal developments from the banking and financial world in the UK and Asia.

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Finally, a victory in the on-going battle against business rates

03 March 2017

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The Supreme Court ruling in Newbigin v Monks represents a welcome and important victory for UK property developers.

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HMRC's failure to exercise its discretion unreasonable

Published on 03 March 2017. By Michelle Sloane, Partner

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In G B Housley Limited v HMRC [2016] EWCA Civ 1299, the Court of Appeal allowed the Appellant's appeal and restored the decision of the First-tier Tribunal (FTT) which had discharged HMRC's VAT assessment on the basis HMRC had failed to correctly exercise its discretion.

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Has the FCA made settling more appealing?

02 March 2017

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Changes to the Regulatory Enforcement Process

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Solicitors duty to warn - when does it arise?

01 March 2017

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The Court of Appeal has recently dismissed an appeal against the decision of Michael Bowes QC sitting as a deputy judge in the Queen’s Bench Division in Balogun v Boyes Sutton & Perry [2017] EWCA Civ 75.

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BDO report finds fraud at a 5-year high

Published on 01 March 2017. By Esme Watson, Senior Associate

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There has been a cascade of negative headlines in recent months about increased incidences of fraud in the UK. Stretched police resources, combined with an array of opportunities for online exploitation of businesses and consumers, are perceived to have made it a good time to be a fraudster.

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Tax update, March 2017

Published on 01 March 2017. By Adam Craggs, Partner

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In this month’s update we report on HMRC’s Spotlight 36 which has been issued in respect of planning designed to circumvent the loan taxation rules in Part 7A ITEPA; new draft legislation in relation to the taxation of non-domiciled individuals and a recent report by the Public Accounts Committee on the taxation of high net worth individuals.

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The new statutory obligation to report on payment practices

28 February 2017

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Key points (and links) for businesses to note about the draft Reporting Payment Practices and Performance Regulations 2017 which comes into effect in April 2017.

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Court of Appeal rejects claim for misuse of confidential information in TV format

27 February 2017

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The Court of Appeal has confirmed a decision that confidential information was not misused by a large telecommunications organisation when it developed a television programme format with multiple similarities to one pitched to (and rejected by) it by individuals from the music industry a year previously.

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Guide to Real Estate Funds

22 February 2017

Welcome to the BVCA Guide to Real Estate Funds, the latest in our series of guides into business sectors, investment strategies and international markets.

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VAT update, February 2017

Published on 22 February 2017. By Adam Craggs, Partner

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In this month’s update we report on HMRC’s withdrawal of three VAT extra-statutory concessions, the National Audit Offce’s investigation into VAT evasion by overseas online retailers and HMRC’s responses to the various “Making Tax Digital” consultations.

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Couple awarded £17,000 damages for distress caused by neighbour's CCTV surveillance

22 February 2017

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The compensation is an example of the rise of "distress" claims as a result of breaches of the Data Protection Act 1998 (DPA).

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A punishment to fit the crime – CJEU allows punitive damages in IP infringement cases

Published on 22 February 2017. By Ben Mark, Partner

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In a recent decision, the Court of Justice of the EU (CJEU) ruled that the EU Enforcement Directive does not preclude the legal provision of punitive damages in infringement cases in EU Member States.

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Timing and detail critical in misfeasance claims against HMRC

Published on 22 February 2017. By Robert Waterson, Partner

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The claimant taxpayer, who had been wrongly convicted for cheating the public revenue, had his claim of misfeasance in public office against HMRC struck out by the High Court because it was brought too late and he had failed adequately to plead his case.

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Demand guarantees not subject to doctrine of strict compliance

Published on 21 February 2017. By Parham Kouchikali, Partner

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High Court holds that the doctrine of strict compliance does not automatically apply to demand guarantees (or performance bonds) in the way that it applies to letters of credit.

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CIL review: A note of caution to charities

20 February 2017

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An overview of the CIL review team's recommendations for reform of CIL and consideration of the effect the loss of charitable exemptions could have on charities

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"Fraud unravels all" – or does it?

20 February 2017

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The English Commercial Court has upheld the enforcement of a foreign arbitration award against a buyer of goods even though the seller submitted forged bills of lading under the letter of credit

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Wealth and trusts quarterly digest, February 2017

Published on 16 February 2017. By Adam Craggs, Partner

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The digest provides up to date commentary and analysis on key sector developments. Our tax, wealth and trusts teams are able to provide a wide ranging service to assist you and your clients in responding to market trends and legal developments. We would welcome the opportunity to discuss any concerns you may have and always welcome feedback on the content of our publications.

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