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Shining a light on the journey from baseline to brilliance
In my blog last week I talked about the "thirds rule of good conferences" as preached by seasoned GC Bruce Macmillan:
Read moreENE Dream Will Do
A host of case management powers is available to the Court by virtue of CPR 3.1.
Read moreIP Crime Report 2014-2015
According to the "IP Crime Report 2014/2015" published by the national IP Crime Group, the Border Force detained over 1.6 million infringing items over the reporting year, with an "if genuine" retail value in excess of £56 million.
Read moreFCA fines finance director for failing to blow the whistle
Approved persons should be open and co-operative with their regulators, as highlighted by the FCA's recent enforcement action against Craig McNeil, former Keydata finance director.
Read moreTribunal considers jurisdiction in relation to 'special relief' and allows taxpayer's appeal
In James Ronaldson Scott v HMRC[1], a case in which the taxpayer appealed HMRC's refusal to grant "special relief" under paragraph 3A, Schedule 1AB, Taxes Management Act 1970 (TMA 1970) ...
Read moreIs time up for claims against valuers?
Assessing the point at which a cause of action accrues in a claim against a valuer is a difficult task, not least because of the lack of judicial guidance on the issue.
Read moreRepudiatory breach implicitly excluded in multi-party LLP agreements
In the recent decision of Flanagan v Liontrust Investment Partners LLP and others[1] the High Court held that the doctrine of repudiatory breach is excluded in multi-party limited liability partnership agreements ...
Read moreIs Titan Steel rusting?
The definition of a 'private person' who can bring a court claim for breach of FCA rules may be extended after a potentially very significant development in the MTR Bailey v Barclays case.
Read moreTracing Mr Maluf's millions
The recent Privy Council decision in Federal Republic of Brazil and another v Durant International Corporation and another upholding a Jersey Court of Appeal judgment provides guidance on the approach the English Courts may now take to backwards tracing.
Read moreGeneral liability update
Defending a claim for breach of Occupiers’ duty – A bridge too far?
Read moreEU Consultation on standards for a Digital Single Market
On 23 September 2015, the European Commission launched a public consultation on information and communications technology ("ICT") standards for creation of a Digital Single Market.
Read moreCommercial disputes and regulatory – Hong Kong
Faceless fraud – scams in an online world
Read moreTaxpayer succeeds in research and development claim
In Monitor Audio Ltd v HMRC[1], the First-tier Tribunal (FTT) has allowed the taxpayer's appeal, concluding that research and development (R&D) tax deductions were available to it under section 1044, Corporation Tax Act 2009 (CTA 2009).
Read moreSmarter thinking from your travel companion on the journey from Baseline to Brilliance
For most of us, by the time that we get to our mid-30s, much of the desired general direction of our professional life has been set –
Read moreInsurance Act 2015
Amendment to include Law Commission’s proposals on damages for late payment of claims
Read moreUpdate: 'The Catalyst effect' - does the buck stop with the Upper Tribunal?
I recently blogged on the Upper Tribunal's judgment on the case of Roberts and Wilkins v FCA.
Read morePrivilege - the Hong Kong courts giveth back what the English Courts hath swept away in Three Rivers
Introducing a healthy dose of common sense, the Hong Kong courts have rejected the English Court of Appeal's restrictive approach to legal advice privilege in Three Rivers (No5) and adopted a broader and more practical "dominant purpose" test.
Read moreHope in Hell: Defamatory references to a law firm removed from SolicitorsFromHellUK.com
This week's High Court decision ordering the removal of defamatory statements from a website which 'exposes' solicitors and other lawyers may come as some relief to members of the legal profession.
Read moreFinal appeal serves up sushi
In the past decade or so sushi has become increasingly popular – both in Hong Kong and globally.
Read moreLitigation privilege under the spotlight
A Claimant's application for an injunction against the use in litigation of unhelpful pre-application planning advice he had obtained from a local planning authority was dismissed by John Jarvis QC sitting as a deputy High Court Judge.
Read moreTribunal finds HMRC's actions unconscionable
In John Clark v HMRC[1], the First-tier Tribunal (FTT) has found that special relief, in terms of paragraph 3A, Schedule 1AB, Taxes Management Act 1970 (paragraph 3A), ought to have been granted to a taxpayer who suffered from serious learning difficulties.
Read moreUpdate: IT Suppliers beware! Your right to terminate on a customer insolvency is changing…
In September 2013 we reported on the Enterprise and Regulatory Reform Act 2013 which provided the Government with the power to extend the law regarding the supply of essential services to insolvent customers.
Read morePlanning for a vote in favour of Brexit
Recent events have brought into much sharper focus a question that in truth financial services firms should have been asking for some time - what are the implications if the UK votes to leave the EU in the forthcoming referendum?
Read moreNew FCA handbook and FS register: Welcome to 21st Century
The FCA has updated and consolidated its Handbook and FS register.
Read moreNew FCA handbook and FS register: Welcome to the 21st Century
The FCA has updated and consolidated its Handbook and FS register.
Read moreDamages for repudiation of a voyage charter
The compensatory principle explored The High Court of England & Wales has reviewed the application of the standard compensatory principle in common law to voyage charters repudiated by their charterers, in an appeal from an arbitral Award[1].
Read moreThink long and hard before withdrawing your appeal
In Rolls Group & Others HMRC[1], the First-tier Tribunal (FTT) has refused to reinstate VAT appeals, pursuant to an application made under Rule 17(3) of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (the Rules), many months after withdrawal of their appeals.
Read morePension freedoms - the 5 month report card
As children head back to school, what would the pension freedoms' report card look like 5 months in from the April reforms?
Read moreRisk of AML own goals from football transfers
European football's summer transfer window closed last week.
Read moreOtkritie and the "Aldi requirement"
The judgment in Otkritie –v- Threadneedle examined the interplay between the "Aldi requirement" ...
Read moreFacing the cold splash of reality and mandatory reporting on the gender pay gap: what's next for UK employers?
As one of Enid Blyton's characters in Five Have a Mystery to Solve, exclaimed:
Read moreCourt of Appeal rules on limitation and concealment in competition damages claim
In the recent decision of Arcadia Group Brands Ltd & Ors v Visa Inc & Ors[1] ...
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 second quarter of 2015.
Read moreMarine Insurance: Current Good Faith Rules Continue To Cause Blot On The Landscape?
We have less than twelve months until insurance contracts written under English law will be subject to the new provisions of the English Insurance Act 2015.
Read moreSuccess for taxpayer before the Supreme Court in pension scheme case
In John Mander Pension Scheme Trusts Limited v Commissioners for Her Majesty's Revenue and Custom's [1], the Supreme Court has allowed the appellant's appeal ...
Read moreTime is running out… clarity on time bar at FOS?
New DISP pro forma final response language seems to allow firms to be more confident when time barring complaints.
Read moreTime is running out… clarity on time bar at FOS?
New DISP pro forma final response language seems to allow firms to be more confident when time barring complaints.
Read moreMEES: The legal implications
The Minimum Energy Efficiency Standards regulations (MEES) will implement legislation that could make the potential benefits of "being green" tangible.
Read moreArticle 29 Working Party keeps up the pressure on data reform discussions
The EU data protection reform package has entered its decisive phase. The first trilogue between the European Parliament, the European Commission and the Council of Ministers began on 24 June 2015 but, even at this late stage, there are many key concepts still to be finalised.
Read moreSeptember 2015- New GAP Insurance Rules out
On 1 September, new rules on GAP insurance come into force.
Read moreRegulatory censure of the Co-op really does send a message
The FCA and PRA jointly censured The Co-operative Bank plc for various regulatory breaches.
Read moreVAT update
HMRC Brief 10/2015 clarifies VAT treatment of direct marketing supplies using printed matter
Read moreFX market manipulation claims: ongoing developments
Recent settlements give impetus to claims
Read moreSearching Requirements when applying for Search Warrants
The Divisional Court (Davis LJ and Hickinbottom J) has confirmed, in [2015] EWHC 1283 (Admin), that state agencies applying for search warrants have a duty to make full disclosure to the court and the court should take an inquisitive approach when considering any such application.
Read moreThe Catalyst effect: ping pong between the FCA and Upper Tribunal?
The recent judgment of the Upper Tribunal in relation to the conduct of two directors of Catalyst Investment Group Limited serves as a reminder to those working in the financial services sector about the potential ramifications for individuals should consumers be misled.
Read moreTianjin explosions leave insurers exposed to claims
On 12 August 2015, multiple explosions occurred in the Chinese city of Tianjin, a major industrial port and goods gateway to Beijing.
Read moreTransparency by design – putting FOIA at the forefront of public sector outsourcing contracts
Earlier this year, the Information Commissioner's Office (ICO) published a guidance document recommending some steps for public authorities (Authorities) to take when entering into outsourcing arrangements to help them comply with their freedom of information obligations.
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