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Snapshots Autumn 2020

Published on 02 November 2020. By Oliver Bray, Senior Partner and David Cran, Head of IP and Tech

A roundup of key legal developments for the modern commercial lawyer.

10 tips for preparing a Section 172 Statement

Published on 02 November 2020. By Emily McGregor, Senior Associate

For financial years beginning on or after 1 January 2019, all large private companies must include a statement in their annual report and accounts explaining how the directors have had regard to the matters in section 172 of the Companies Act 2006 when performing their duties.

ICO publishes contact tracing guidance

Published on 02 November 2020. By David Cran, Head of IP and Tech

The EECC, the ePD and the GDPR – a complex interplay creating a breach notification nightmare for providers of communications services

Published on 02 November 2020. By Oliver Bray, Senior Partner

What impact will the implementation of the new Directive establishing the European Electronic Communications Code (2018/1972) (EECC) have on the scope and application of the ePrivacy Directive (2002/58/EC) (ePD) for providers of electronic communication services?

H&M hit with €35.3m fine for GDPR employee breach

Published on 02 November 2020. By Oliver Bray, Senior Partner

How did H&M’s internal data collection processes land it with the second largest fine in data breach history?

ICO publishes guidance on AI decision making

Published on 02 November 2020. By Oliver Bray, Senior Partner

How can companies comply with data regulation when using AI to make decisions affecting individuals?

Schrems II where next for data transfers

Published on 02 November 2020. By Oliver Bray, Senior Partner

Damages for distress for failing to verify personal data

Published on 02 November 2020. By Oliver Bray, Senior Partner

EU social media targeting guidelines – call for feedback

Published on 02 November 2020. By Oliver Bray, Senior Partner

Who are the key actors in the targeting of social media users, and what can they learn from the EU's new social media targeting guidelines?

EU Commission looks to new SCCs by the end of 2020

Published on 02 November 2020. By Oliver Bray, Senior Partner

DMA issues “Seven-Step Ad Tech Guide” in a bid to restore trust in online advertising

Published on 02 November 2020. By Oliver Bray, Senior Partner

What needs to be done by UK businesses actively engaged in the programmatic delivery of digital advertising to ensure they protect the rights of individuals?

What were the CMA’s key findings in its final report on online platforms and digital advertising?

Published on 02 November 2020. By Oliver Bray, Senior Partner

What can be learned from the European Commission’s new guidelines on the Audiovisual Media Services Directive (AVMSD)?

Audiovisual Media Services Directive – European Commission adopts guidelines on video-sharing platforms and the promotion of European works

Published on 02 November 2020. By Oliver Bray, Senior Partner

What can be learned from the European Commission’s new guidelines on the Audiovisual Media Services Directive (AVMSD)?

Copyright: Online platform operators’ liability for users illegally uploading copyright material

Published on 02 November 2020. By David Cran, Head of IP and Tech

C-682/18 Frank Peterson v Google LLC and others and C 683/18 Elsevier Inc. v Cyando AG EU:C:2020:586 – A-G opinion

The ASA’s new UK Scam Alert System

Published on 02 November 2020. By Oliver Bray, Senior Partner

What is the latest tool in the ASA’s technology toolbox to combat misleading advertising online?

Wish.com: sexually explicit in-app ads deemed offensive and inappropriately targeted

Published on 02 November 2020. By Oliver Bray, Senior Partner

Will an ad of a sexually graphic nature be deemed to be inappropriately targeting consumers and causing harm and offence if it appears on general audience platforms?

BOXT: ‘next day delivery’ and comparative pricing claims

Published on 02 November 2020. By Oliver Bray, Senior Partner

How careful do you need to be with “next day delivery” claims? And is one product comparison enough when making a price comparison claim?

Sky UK: clarity over upfront costs and different fees charged to different groups

Published on 02 November 2020. By Oliver Bray, Senior Partner

Do you need to include additional upfront costs in the main body of your ad? And how clear do you need to be about different fees being charged to different groups of consumers (eg existing vs new customers)?

P&G: verification requirements in comparative advertising campaigns

Published on 02 November 2020. By Oliver Bray, Senior Partner

How much detail do you need to include to meet the verification requirements under the CAP Code when making comparisons with identifiable competitors?

Playrix: gameplay footage must be representative of the gaming experience

Published on 02 November 2020. By Oliver Bray, Senior Partner

When advertising a game, can you use gameplay footage which does not actually feature in the game, or only features to a limited degree?

Contractual interpretation: the dangers of inconsistency between formulae and worked examples

Published on 02 November 2020. By David Cran, Head of IP and Tech

Altera Voyageur Production Limited v Premier Oil E&P UK Ltd [2020] EWHC 1891 (Comm)

Good faith: relational contracts and the implied duty of good faith

Published on 02 November 2020. By David Cran, Head of IP and Tech

Essex County Council v UBB Waste (Essex) Limited [2020] EWHC 1581 (TCC)

Restrictive covenants: restraint of trade and bespoke contracts

Published on 02 November 2020. By David Cran, Head of IP and Tech

Quantum Advisory Ltd v Quantum Actuarial LLP [2020] EWHC 1072 (Comm)

Contractual interpretation rectification not possible purely for a tax benefit

Published on 02 November 2020. By David Cran, Head of IP and Tech

MV Promotions Ltd and another v Telegraph Media Group Ltd and another [2020] EWHC 1357 (Ch)

The illegality defence – Stoffel v Grondona revisited

Published on 30 October 2020. By Sarah Lloyd, Associate and Nick Bird, Partner

"No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act." This was the opening line of the Supreme Court's 2016 decision in Patel v Mirza , quoting the decision of Lord Mansfield in Holman v Johnson from 1775. Why then has the Supreme Court – in Stoffel v Grondona - declined the appeal of a firm of solicitors who relied on this long established principle when defending itself from a professional negligence action brought by a fraudster?

The week that was - 30th October 2020

Published on 30 October 2020. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

V@ update - October 2020

Published on 29 October 2020. By Adam Craggs, Partner and Rebekka Sandwell, Associate

Welcome to the October 2020 edition of RPC's V@, an update on developments in the VAT world that may impact your business.

New SFO guide to DPAs: material change, or confirmation of approach?

Published on 28 October 2020. By Sam Tate, Partner and Lucy Kerr, Senior Associate

Last week, the Serious Fraud Office (SFO) published a comprehensive guide to its approach to Deferred Prosecution Agreements (DPAs).

Taxing Matters: A handy guide to appeals

27 October 2020

Welcome to the eighth episode of our Taxing Matters podcast. In this series we review land-mark cases and key tax developments and discuss the commercial impact they could have on your business.

Big data and data profiling in the insurance industry

27 October 2020

Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests.

Hidden owners, ostensible authority and the Duomatic principle

Published on 26 October 2020. By Gill O'Regan, Senior Associate and Alan Williams, Partner

The Duomatic principle can apply to ostensible authority as well as actual authority, according to the Privy Council in Ciban Management Corporation v Citco (BVI) Ltd & Anor (British Virgin Islands) [2020] UKPC 21.

Sports Ticker (23rd Oct 2020) - Project Big Picture, British horseracing and TRP v SIS

Published on 26 October 2020. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, Associate

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

Swift v Carpenter: A new approach to accommodation claims

Published on 23 October 2020. By Rhian Howell, Partner and Michelle Dean, Senior Associate

The recent landmark decision in Swift v Carpenter (2020) demonstrates a fundamental change in the way that accommodation claims in personal injury cases are quantified, in a manner that is likely to have a significant impact on the value of those claims. Below we take a brief look at how the assessment of accommodation claims has changed, and consider the impact this might have on insurers involved in professional negligence cases arising out of personal injury cases.

The Week That Was - 23rd October 2020

Published on 23 October 2020. By Ben Goodier, Partner and Helen Thomas, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

Regulatory update - October 2020

Published on 22 October 2020. By Gavin Reese, Partner

Welcome to the October edition of the Regulatory update, which pulls together recent developments from across the UK’s regulators – to help you navigate the regulatory maze.

Hold on to your seats: UK Supreme Court ends the argument about the law governing arbitration agreements

Published on 22 October 2020. By Charles Allen, Partner

Identifying what law governs a contractual term requiring the parties to arbitrate their disputes, rather than taking them to court, can be profoundly important.

Cyber_Bytes - Issue 24

Published on 21 October 2020. By Richard Breavington, Partner and Rachel Ford, Associate and Ridvan Canbilen, Associate

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

Wired Orthodontics – Tribunal expresses concern about potential inappropriate interference by HMRC's solicitor with the evidence of an independent expert witness

Published on 21 October 2020. By Rebekka Sandwell, Associate

In Wired Orthodontics Ltd and others v HMRC [2020] UKFTT 290 (TC), the First-tier Tribunal (FTT) refused an application for disclosure of documents and information passing between the solicitors for HMRC and their appointed expert witness.

RPC Bites #19

Published on 20 October 2020. By Ciara Cullen, Partner and Ben Mark, Partner

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!!

The rule of DAC6 - are you ready?

Published on 16 October 2020. By Ben Roberts, Partner

UK companies involved in cross-border transactions need to be aware of looming reporting deadlines imposed by EU law and now implemented in the UK . These rules are designed to facilitate the reporting and sharing between EU tax authorities of instances of tax planning. However, the types of transactions caught by these rules are not limited to aggressive tax planning arrangements. In a number of cases, it is not a requirement for there to be a tax motive for the transaction to be reportable.

Corporate Tax Update - October 2020

16 October 2020

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 September 2020. Included in this update are summaries of the Chancellor’s tax announcements as part of the Winter Economy Plan and the EC’s decision to appeal the decision of the European General Court in the Apple state aid case. There are also updates on new HMRC guidance on off-payroll working for private businesses and the VAT treatment of payments for early termination of contracts. As ever we hope you, your family and friends are all staying safe.

Buyer Beware: NHSX Guidance on Artificial Intelligence

Published on 15 October 2020. By Peter Rudd-Clarke, Legal Director

NHSX Guide on AI is a useful resource for manufacturers and insurers in mitigating litigation risks

Box – child benefit charge interpreted as 'income' for the purpose of discovery assessments

Published on 14 October 2020. By Constantine Christofi, Senior Associate

In Martin Richard Box v HMRC [2020] UKFTT 353 (TC), the First-tier Tribunal (FTT) dismissed a taxpayer's appeal concerning liability to pay the high-income child benefit (HICB) charge, on the basis that the charge constituted income for the purpose of discovery assessments.

Taxing matters: Predicting the tax world of the future

12 October 2020

Welcome to the seventh episode of our Taxing Matters podcast. In this series we review land-mark cases and key tax developments and discuss the commercial impact they could have on your business.

RPC Bites #18

Published on 08 October 2020. By Ciara Cullen, Partner and Ben Mark, Partner

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!!

The LCIA Rules 2020 – what's new?

Published on 08 October 2020. By Fred Kuchlin, Associate and Tatiana Minaeva, Co-Head of Russia FSU Disputes

Changes in relation to complex multi-party cases and the use of technology form the backbone of the latest version of the London Court of International Arbitration (LCIA)'s arbitration rules (the LCIA Rules 2020).

Overseas In-house lawyer's advice covered by legal advice privilege

Published on 08 October 2020. By Emily Saffer, Associate and Dan Wyatt, Partner

There is no additional requirement for in-house foreign lawyers to be "appropriately qualified" or recognised or regulated as a "professional lawyer" for legal advice privilege to extend to communications between them and company employees.

Sports Ticker (7th October 2020) - Amazon Luna The Laver Cup and a New Boss for F1

Published on 07 October 2020. By Jeremy Drew, Head of TMT and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, Associate

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

Irish Bank – HMRC entitled to disallow interest deductions claimed by UK permanent establishments

Published on 07 October 2020. By Alexis Armitage, Associate

In Irish Bank Resolution Corporation Ltd (in special liquidation) and another v HMRC [2020] EWCA Civ 1128, the Court of Appeal upheld the decisions of the First-tier Tribunal (FTT) and the Upper Tribunal (UT) and confirmed that HMRC was entitled to disallow interest deductions claimed by the UK permanent establishments (PEs) of two Irish companies.

A look at the Insurance Museum

06 October 2020

Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests.