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Pushing back on APP scams

Published on 18 July 2019. By Ian Dinning, Associate

An Authorised Push Payment (APP) is where a payer instructs their payment service provider, such as their bank, to send money from their account to another. These payments are usually made through the Faster Payment Service or CHAPS.

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Blog

Is it time for a three day weekend?

Published on 17 July 2019. By Chloe Scott, Trainee Solicitor

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Reducing the number of days in work was an idea first explored by John Maynard Keynes in 1930 when he predicted that in the next 100 years the working week would only be 15 hours. Whilst his prediction has yet to come to fruition, an increasing number of businesses are switching to a four day week in light of claims of increased productivity and staff happiness.

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Publication

Corporate tax update July 2019

16 July 2019

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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 report includes summaries of the recent decision of the Upper Tribunal on corporate tax residence in Development Securities plc, two ECJ decisions on cross-border loss relief and yet another decision on the application of the ‘IR35’ rules.

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Blog

MPs Vote to Lift Abortion Ban in Northern Ireland

Published on 15 July 2019. By Genevieve Isherwood, Associate

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Last Wednesday MPs in Westminster voted in favour of lifting the abortion ban in Northern Ireland by a majority of 332 votes to 99. The passing of the amendment has been hailed as a historic day for women's rights but what does it mean practically?

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Blog

OWD – HMRC unable to permit temporary trading pending appeal

Published on 12 July 2019. By Michelle Sloane, Senior Associate

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In OWD Ltd trading as Birmingham Cash and Carry (in Liquidation) and Anor v HMRC [2019] UKSC 30, the Supreme Court has held that HMRC does not have power under section 88C, Alcohol Duties Liquor Act 1979 (ALDA) or section 9, Commissioners for Revenue and Customs Act 2005 (CRCA), to permit temporary trading pending the determination of an appeal to the First-tier Tribunal (FTT) against HMRC's refusal to grant approval under the Alcohol Wholesalers Registration Scheme (AWRS).

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Blog

Guidance on misleading "faux fur" claims in clothes and accessories

Published on 09 July 2019. By Oliver Bray, Partner and Stuart Harris, Associate

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The Committee of Advertising Practice (CAP) has issued an Enforcement Notice advising that retailers should be careful as to how they may unwittingly advertise products as "faux fur" when they may actually contain real animal fur.

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Publication

Retail Compass Summer edition 2019

09 July 2019

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Welcome to the Summer 2019 edition of Retail Compass – our guide to key upcoming legal and policy changes affecting Retail and our thoughts on the need-to-know issues.

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Blog

FCA announces new rules on peer-to-peer lending

Published on 08 July 2019. By Ashley Daniells, Associate

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The FCA has published its policy statement on peer-to-peer (P2P) lending following a lengthy public consultation into the crowdfunding industry in general. The policy statement introduces a large number of new rules for P2P platforms and includes restrictions on direct marketing to non-sophisticated / high net worth investors unless they are receiving regulated advice, and ensuring such investors do not place more than 10% of their investable capital in P2P platforms.

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Blog

Brexit: A blessing or a curse for accountants?

Published on 08 July 2019. By Matthew Watson, Associate

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A recent survey has indicated that the accountancy profession is well placed to accommodate the uncertainties surrounding Brexit.

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Blog

Serving up the truth, the whole truth and nothing but the truth?

Published on 05 July 2019. By Davina Given, Partner

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The Court has reminded us that the duty of full and frank disclosure applies to any application made without notice to the other party. Although this is most typically an issue in applications for injunctions, permission to serve a claim out of the jurisdiction was recently set aside on the grounds of the claimant's failure to disclose to the Court a potential limitation defence to the claim.(1)

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Blog

The Medical Devices Regulation 2017 and good business practice

Published on 05 July 2019. By Peter Rudd-Clarke, Legal Director

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When it comes to risk management, businesses in general should take note of the issues covered by the Medical Devices Regulation 2017

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Blog

Haworth – Court of Appeal confirms HMRC misdirected itself and quashes payment notices

Published on 03 July 2019. By Adam Craggs, Partner and Constantine Christofi, Associate

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The recent unanimous judgment of the Court of Appeal in R (on the application of Haworth) v HMRC [2019] EWCA Civ 747, is the first successful judicial review challenge against follower and accelerated payment notices. The decision throws into question the way in which the relevant statutory provisions, contained in Finance Act 2014 (FA 2014), relating to follower and accelerated payment notices have been interpreted and operated by HMRC and as a consequence, many other notices may also have been issued by HMRC unlawfully.

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Publication

Tax update - July 2019

03 July 2019

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In this month’s update we report on HMRC’s updated guidance on the meaning of “ordinary share capital”, the Law Society’s response to HMRC’s off-payroll working rules consultation and changes to the principal private residence ancillary reliefs.

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Blog

RPC provides response to 'Online harms' consultation

02 July 2019

This consultation response is submitted on behalf of RPC's Tech Group*. RPC is an international law firm with offices in London, Bristol, Hong Kong and Singapore. RPC acts for a range of clients from start-ups to multi-nationals in the technology, media, and retail sectors and for their insurers. RPC's Tech Group provides specialist advice on regulation, content liability, commercial contracts, outsourcing, data protection, cyber, intellectual property, e-commerce, and investigations and disputes. Views expressed in this submission do not necessarily represent those of our clients.

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Blog

Court of Appeal makes rare order for rectification, with interesting consequences…

Published on 28 June 2019. By Alan Williams, Partner and Rebecca Birkby, Senior Associate

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The Court of Appeal has ordered rectification resulting in one party being in breach of warranty and liable pay damages. In Persimmon Homes Limited v Hillier and Creed [2019] EWCA Civ 800, the dispute centred on whether all plots of land required to create a development site were intended by both parties to be included in a sale, when in fact two plots out of six were not included.

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Blog

What expenditure falls within ‘ordinary and proper course of business’ exception in freezing orders?

Published on 28 June 2019. By Simon Hart, Partner and Daniel Hemming, Senior Associate

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The cost of pursuing related arbitration proceedings and fighting extradition proceedings could be costs incurred in the ‘ordinary and proper course of business’ according to the Court of Appeal in Koza Ltd v Koza Altin.(1)

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Publication

Health and safety update June 2019

28 June 2019

Welcome to our June 2019 health and safety update where we look at the health and safety stories that have recently hit the headlines as well as the latest fines and sentences that have been handed down.

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Blog

Shop til' you Pop: Amazon's Electric Avenue

Published on 27 June 2019. By Simon Edwards, Partner and Rachael Ellis, Associate and Lucy Baughan, Trainee Solicitor

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Amazon is opening 10 pop-up shops in the UK, as a platform for over 100 small online brands to start selling via bricks and mortar. The pilot will run throughout the UK for around a year, with each pop-up opening for between six to eight weeks.

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Blog

High Court does not "lycra" unjust Part 36 offers

Published on 26 June 2019. By Ciara Cullen, Partner and Samuel Coppard, Associate

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In a recent High Court decision it has been held that parties must ensure that Part 36 offers are "genuine offers to settle" as the court will not order costs in circumstances where it is unjust to do so. Furthermore, the decision reinforces the significant weight that is given to whether or not an offeree accepts a Part 36 offer, regardless of whether relief is obtained by the offeree in the first instance.

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Blog

Ritchie - FTT guilty of procedural unfairness

Published on 26 June 2019. By Constantine Christofi, Associate

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In Ritchie v HMRC [2019] UKUT 007 (TCC), the Upper Tribunal (UT) has held that the First-tier Tribunal (FTT) had erred in finding that a loss of tax had been brought about by carelessness on the part of the taxpayers' professional advisers because, amongst other things, the carelessness of the advisers had not been adequately pleaded by HMRC and had not been put to any of the witnesses in cross-examination.

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Blog

'Green Finance' enters the mainstream

Published on 25 June 2019. By Edward Colville, Legal Director and Lorcan Treacy, Trainee Solicitor

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With the UK's recent commitment to cut emissions to net zero by 2050, the financial sector is looking to 'green finance' to encourage investment in sustainable and environmentally-friendly businesses. Recent examples, like Nokia's €1.5 billion credit facility announced last week, show that environmental impact is becoming a key consideration for lenders and borrowers.

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Blog

The problem of integrity

21 June 2019

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Integrity is beginning to look like the indispensable quality that we could all do without.

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Publication

VAT update June 2019

21 June 2019

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In this month’s update we report on (1) amendments to the reduced VAT rate for energy-saving materials; (2) HMRC’s guidance on the VAT reverse charge on construction services; and (3) HMRC’s updated VAT Notice 700/1 – who should register for VAT.

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Blog

New pension transfer data – FCA's concerns remain

Published on 20 June 2019. By David Allinson, Senior Associate

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The FCA has published the results of data received from firms carrying out DB transfers and set out the next steps in its supervisory work.

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Blog

Retailers: beware the ban on gender stereotyping

Published on 19 June 2019. By Oliver Bray, Partner and Victoria Noto, Associate

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The Committee of Advertising Practice (CAP) has introduced a new rule, accompanied by Guidance, to combat negative gender stereotyping in ads. The test now (or rather from 14 June 2019 when the new rule comes into force) is whether the ad is "likely to cause harm" – a far lower threshold than the previous test of "widespread or serious offence".

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Blog

Derry - HMRC challenge to share loss relief claim flawed

Published on 18 June 2019. By Constantine Christofi, Associate

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In R (on the application of Derry) v HMRC [2019] UKSC 19, the Supreme Court has dismissed HMRC's appeal and confirmed that the taxpayer was entitled to claim share loss relief in the year in which the loss was incurred, rather than the following year.

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Blog

Government Consultation on Adding Folic Acid to Flour

Published on 18 June 2019. By Genevieve Isherwood, Associate

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Last week the government began a consultation on whether to introduce mandatory fortification of flour with folic acid to help reduce neural tube defects in foetuses.

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Blog

National Car Parks - Are overpayments consideration for VAT purposes?

Published on 14 June 2019. By Nicole Kostic, Senior Associate

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In National Car Parks Ltd v HMRC [2019] EWCA Civ 854, the Court of Appeal has confirmed that excess amounts paid by customers at pay and display car parks were consideration for VAT purposes.

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Blog

Court of Appeal upholds decision on importance of industry standard documents in conflicting jurisdiction clauses

Published on 13 June 2019. By Andy McGregor, Head of Civil Fraud and Steven Rajavinothan, Associate

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The Court of Appeal upheld the decision of the High Court[1], highlighting the risk that the English and Italian Courts may reach different decisions on the underlying factual background of related disputes even where the disputes could be said to fall under different agreements [2]. Therefore, parties need to appreciate that the English Court will put the certainty of industry standard documentation (such as ISDA Master Agreements) first such that it is dangerous to have different jurisdiction and/or governing law clauses in related agreements.

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Blog

FCA and PRA jointly fine bank for repeated outsourcing failings

Published on 12 June 2019. By Ashley Daniells, Associate

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R. Raphael & Sons PLC (Raphaels), one of the UK's oldest lenders, has been criticised and fined jointly by the FCA and PRA after it was found that the bank had failed to manage its outsourcing arrangements properly.

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Blog

National Security and Investment – the EU's response

Published on 07 June 2019. By Tim Anderson, Partner and Neil Brown, Partner

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National security concerns regarding Huawei continue to make headlines around the world, against the backdrop of an ongoing US / Chinese trade war. This blog looks at new EU rules on foreign investments which raise security or public order concerns.

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Publication

Spotlight on private wealth - June 2019

06 June 2019

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Our quarterly update is designed to keep you up to speed with developments in disputes, and how you can avoid them, in the private client world.

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Tax update - June 2019

05 June 2019

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In this month’s update we report on HMRC’s guidance in relation to off-payroll working in the public sector and the intermediaries legislation (so-called IR35), the extension of late payment and repayment interest to penalties levied under the DOTAS, promoters, and enablers of tax avoidance, regimes; and HMRC’s guidance on the economic interest requirement for shareholders who wish to claim entrepreneurs’ relief.

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Blog

Tooth – Court of Appeal confirms discovery assessment was invalid

Published on 05 June 2019. By Heather Rimmer, Associate

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In HMRC v Tooth [2019] EWCA Civ 826, the Court of Appeal has held that a discovery assessment was invalid, but the taxpayer's inaccuracy in his return was deliberate.

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Blog

Lost chances à la Moda

Published on 04 June 2019. By Graham Reid, Legal Director, Professional Regulation and Nick Bird, Partner

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Lost chance case-law has come a long way since the ground-breaking decision in Allied Maples. One of its more interesting offshoots is the case of Moda International Brands Ltd v Gateley LLP & Anor. Moda is required reading for any firm of solicitors who wants to defend a lost chance claim arising from its transactional work for a claimant.

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Blog

How the “30 days period” to pay a claim in Latin America works in practice

04 June 2019

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Everyone dealing with Latin American claims will become familiar with the short deadlines imposed in these jurisdictions for paying a claim. However, how those deadlines are applied in practice can be a complex matter to work out.

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Publication

Kidsons and Kajima reviewed

31 May 2019

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The Court of Appeal considers the notification of a “hornet’s nest” in Euro Pools Plc v Royal Sun Alliance Plc

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Economic duress: when is a threat not an (illegitimate) threat?

Published on 31 May 2019. By Jonathan Cary, Partner and Suzan Kurdi, Senior Associate

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In what circumstances can a threat not to enter into a contract amount to economic duress? Broadly speaking, when pressure is exerted "in bad faith", according to the Court of Appeal in Times Travel (UK) Limited v Pakistan International Airlines Corporation

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Publication

Product liability update May 2019

31 May 2019

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A round-up of some of the recent stories making the news, from consultation on food labelling to changes to the product liability and safety legislation in the event of a "no deal" Brexit.

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Publication

Corporate tax update May 2019

30 May 2019

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Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team.

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Blog

Hannover - SDLT avoidance and corporate property deals – the importance of timing!

Published on 30 May 2019. By Ben Roberts, Senior Associate

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In Hannover v HMRC [2019] UKFTT 0262 (TC), the First-tier Tribunal (FTT) has held that the stamp duty land tax (SDLT) anti-avoidance rule in section 75A, Finance Act 2003, applied to a series of transactions that included the sale of units in a Guernsey property unit trust (GPUT), even though there was no tax avoidance motive and each transaction was 'appropriately' taxed.

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Publication

VAT update May 2019

30 May 2019

In this month’s update we report on (1) HMRC guidance on the correct treatment for the deduction of import VAT by non-owners of goods; (2) Regulations which introduce a VAT reverse charge on specified construction services; and (3) refunds of VAT in the UK for non-EU businesses.

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Blog

Looking at the success of the UK's war on plastic

Published on 29 May 2019. By Matthew Plampton, Trainee Solicitor and Simon Edwards, Partner

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Savvy brands will be working to realise the potential of reducing plastic consumption; not just from a sustainability perspective but also from a sales and branding perspective. Not only could it help to save the penguins, but also to boost sales.

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Customs and excise quarterly update: May 2019

28 May 2019

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In this update we report on (1) changes to customs authorisations following a no-deal Brexit; (2) making declarations using traditional simplified procedures; and (3) the Pubs Code Adjudicator’s guidance on accounting for duty paid on alcohol and volumes of unsaleable draught products.

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Blog

Q Ltd – interim injunction continued pending appeal

Published on 23 May 2019. By Michelle Sloane, Senior Associate

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In Q Ltd v HMRC [2019] EWHC 712 (QB), in considering the balance of risk, the High Court continued an interim injunction pending the outcome of the taxpayer's appeal to the First-tier Tribunal (FTT).

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Disclosure Pilot Scheme: Technology

Published on 22 May 2019. By Dan Wyatt, Senior Associate and Matthew Evans, Senior Associate

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How does the Disclosure Pilot encourage the use of technology?

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Stamp duty land tax (SDLT) avoidance and corporate property deals – the importance of timing!

Published on 21 May 2019. By Ben Roberts, Senior Associate

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The First-Tier Tribunal has, in a recent decision, caused something of a stir for clients and advisors familiar with the well-trodden (and, usually, tax-efficient) use of offshore unit trusts to hold UK property.

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Blog

What’s gone wrong with putting things right?

Published on 21 May 2019. By Graham Reid, Legal Director, Professional Regulation and Nick Bird, Partner

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Solicitors are becoming concerned about their ability to put things right when they make mistakes. We do not consider that much has changed in this area. It is as important as it has always been for a solicitor to realise if he or she has made a mistake and to think carefully about how to remedy it. This is not an easy task. We hope this article will assist in guiding solicitors and their insurers through this complex area.

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Blog

Financial Reporting Council considers the test for "misconduct"

Published on 20 May 2019. By Robert Morris, Partner and Matthew Watson, Associate

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A recent Financial Reporting Council (FRC) Tribunal decision provides some welcomed clarity on the distinguishing features of misconduct and negligence for those in the accountancy profession.

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Blog

HMRC's unreasonable conduct leads to costs award against it

Published on 20 May 2019. By Michelle Sloane, Senior Associate

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In E v HMRC [2018] UKFTT 771 (TC), the First-tier Tribunal (FTT) has found that HMRC acted unreasonably in not withdrawing an information notice earlier than it did and awarded the taxpayer his costs.

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