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An innocent party is entitled to damages, even though performance of the contract is impossible
The Court of Appeal considered the proper interpretation of exceptions or force majeure clauses and provided guidance on the correct application of the compensatory principle of damages in Classic Maritime v Limbungan. Classic Maritime Inc v Limbungan Makmur SDN BHD & Anor [2019] EWCA Civ 1102
Read moreTax update - August 2019
In this month’s update we report on (1) HMRC’s summary of responses to its ‘protecting your taxes in insolvency’ consultation; (2) HMRC’s policy paper on the misuse of company insolvencies; and (3) HMRC’s new guidance on loan relationships and derivatives regime anti-avoidance rules.
Read moreCourt of Appeal guidance on liability of financial advice networks for appointed representatives
In what circumstances is a financial advice network liable for the acts and omissions of its appointed representatives (ARs)? The Court of Appeal has today provided valuable guidance for those operating this business model. The decision will be welcomed by financial advice networks in confirming, in particular, that they are able to place restrictions on the business of ARs for which they have accepted responsibility.
Read moreCorrado – Tribunal cancels follower notice penalties
In Giulio Corrado v HMRC [2019] UKFTT 275 (TC), the First-tier Tribunal (FTT) has set aside a follower notice penalty as the taxpayer's failure to take corrective action in response to a follower notice was reasonable in all the circumstances.
Read moreWarshaw – preference shares equal to ordinary share capital and taxpayer entitled to entrepreneurs' relief
In Steven Warshaw v HMRC [2019] UKFTT 268 (TCC), the First-tier Tribunal (FTT) has confirmed that as the relevant preference shares did not attract a fixed dividend, they could amount to ordinary share capital for the purpose of entrepreneur's relief (ER).
Read moreWhat next for the Energy Performance of Retail Buildings?
After the initial success of the Energy Performance of Buildings Directive (EPBD) and the widespread introduction of the Energy Performance Certificate (EPC) into property transactions, what can we expect from the proposed revisions of the EPBD?
Read moreDevelopment Securities – Jersey-incorporated SPVs held not to be UK tax resident
In Development Securities plc and others v HMRC [2019] UKUT 0169 (TCC), the Upper Tribunal (UT) has held that a number of Jersey-incorporated companies were in fact resident for tax purposes in Jersey. This decision overturned the decision of the First-tier Tribunal (FTT), which had held that the companies were UK tax resident as a result of the central management and control (CMC) of the companies being exercised in the UK (through the companies’ parent). The UT took the view that the FTT had incorrectly concluded that the Jersey company directors had abdicated their decision-making responsibility.
Read moreThe Art of the (Settlement) Deal
According to the English Court of Appeal, giving up a right which the debtor does not even know he has is sufficient consideration for settling a debt. But the vexed question of what amounts to "good" consideration remains uncertain enough for those entering into a contract always to consider whether good consideration has been given. If in doubt, pay a nominal amount.[1]
Read moreMake the most of a mediation - 10 Top Tips
Preparation for a mediation is key- you get out what you put in. Here are our top 10 tips for making the most out of the mediation process to successfully settle your dispute.
Read moreVAT update July 2019
In this month’s update we report on (1) the revocation of the VAT (Finance) (EU Exit) Order; (2) a recent HMRC Brief that clarifies HMRC’s policy on the scope of VAT for transport services; and (3) new regulations which amend the rules on when VAT adjustments may be made following a change to the price of goods and services.
Read moreCarlsberg in the clear on the inappropriate targeting of under-18s
What steps do you need to take to ensure that age restricted products do not target the wrong audience?
Read morePushing back on APP scams
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.
Read more"Alexa, my symptoms are…"
Amazon has announced that Alexa will now provide its users medical advice directly from the NHS website. This blog looks at the potential impacts of this change.
Read moreIs it time for a three day weekend?
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.
Read moreCorporate tax update July 2019
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.
Read moreMarks & Spencer – 'free' wine supplied as part of a promotional offer was subject to VAT
In Marks and Spencer plc v HMRC [2019] UKUT 0182 (TCC), the Upper Tribunal (UT) has upheld the First-tier Tribunal's (FTT) decision that wine supplied 'free of charge' as part of a promotion was subject to VAT.
Read moreMPs Vote to Lift Abortion Ban in Northern Ireland
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?
Read moreOWD – HMRC unable to permit temporary trading pending appeal
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).
Read moreGuidance on misleading "faux fur" claims in clothes and accessories
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.
Read moreRetail Compass Summer edition 2019
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.
Read moreSpurs suffer Champions League defeat to the Advertising Standards Authority
Spurs' heartbreak in Madrid was not the only loss they suffered on their Champions League journey this year. A tweet from Spurs announcing their line-up for their knock-out game against Borussia Dortmund featured the gambling operator William Hill, and was ruled to contravene the CAP Code.
Read moreFCA announces new rules on peer-to-peer lending
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.
Read moreBrexit: A blessing or a curse for accountants?
A recent survey has indicated that the accountancy profession is well placed to accommodate the uncertainties surrounding Brexit.
Read moreGovernment consults on HFSS advertising
What are the Government’s new proposals for advertising restrictions for High in Fat, Salt or Sugar (HFSS) products?
Read moreASA rules that Chupa Chups ads don’t suck
If you’re careful about placement and knowing the demographic of your audience, how safe are you showing ads for products high in fat, salt or sugar (HFSS)? And what about using characters and celebrities popular with children for sugar-free products, which may be synonymous with the core HFSS range?
Read moreASA uses child avatars to tackle irresponsible gambling ads targeted at children
How has the ASA’s introduction of new technology, such as child avatars, impacted on ad monitoring and enforcement?
Read moreTottenham Hotspur rapped by ASA for use of young player in betting tweet
When is it possible to feature an individual under the age of 25 in a gambling ad?
Read moreBetfred avoids irresponsible gambling ad breach
When does an ad showing characters gambling during everyday activities cross the socially responsible line in the BCAP Code?
Read moreCAP and BCAP issue gambling advertising guidance
What must you do in order to ensure a gambling ad is not aimed towards children?
Read moreServing up the truth, the whole truth and nothing but the truth?
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)
Read moreThe Medical Devices Regulation 2017 and good business practice
When it comes to risk management, businesses in general should take note of the issues covered by the Medical Devices Regulation 2017
Read more“New Deal for Consumers” Directive
What is the “New Deal for Consumers” Directive? Where has it got to? And how will it impact my business?
Read moreNo obligation to provide consumer telephone lines: Amazon
In the proceedings brought by the German federation of consumer associations against Amazon, the Advocate General found that a trader does not have to provide a telephone number as long as the consumer can contact the trader quickly, the information provided is clear and accessible and communication can happen effectively.
Read moreCMA investigates customers’ auto-renewal terms in online gaming terms and conditions
How might the CMA’s investigation into auto-renewals and other potentially unfair terms in online gaming contracts affect wider industry?
Read morePensions company fined for unsolicited emails following inaccurate advice
How far can you avoid culpability for a data marketing data breach on the grounds that you were given faulty legal advice or that a third party conducted the marketing campaign on your behalf?
Read morePPI claims company fined £120,000 by the ICO for spam texts
Will a data controller be held responsible where a third party acting on its behalf breaches data privacy laws?
Read moreHMRC issued enforcement notice by ICO for use of biometric data
When is consent sufficient for collecting, processing and using biometric data?
Read moreICO: Age Appropriate Design Code for information society services
What steps does the Information Commissioner’s Office (ICO) require to ensure adequate protection of children online?
Read morePre-ticked boxes and cookies consents: Planet49
Is unticking a box sufficient to meet the consent requirements for the installation of cookies? Separately, can you agree to sharing your data with third parties in order to gain entry to a prize draw?
Read moreEuropean Data Protection Board issue guidelines on contractual processing for online services
When is it appropriate for Information Society Services (ISSs) to process personal data on the basis that it is “necessary for the performance of a contract”?
Read moreNotifying data subjects of processing under the GDPR
What are proportional measures to take when meeting the informational obligation imposed on data controllers?
Read morePhilip Morris burned by its own internal rules on influencer marketing
How careful do you need to be when using youthful-looking influencers to promote e-cigarettes?
Read moreCAP: naming prize winners and marketing to children
When is it necessary to obtain the consent of a parent or guardian to use a child’s data for marketing? What process should be adopted in terms and conditions for announcing winners of competitions and prize draws?
Read moreJudicial review of ASA decision on “average consumer” test
Had the Advertising Standards Authority (ASA) correctly applied the “average consumer” test when deciding that the use of the term “fibre” in ads for part-fibre broadband was not materially misleading?
Read moreASA ruling on Vodafone pricing
Did Vodafone exaggerate the price at which it could offer consumers broadband?
Read more“Was/now” price claims: Zestify Media
What price can be stated as the “was” price to represent a genuine saving when compared with the “now” price?
Read moreLidl held to mislead consumers with cheesy price comparison
In making price comparisons with a competitor, do you need to take account of their promotional pricing?
Read moreCAP issues guide on comparative advertising campaigns
What must marketers consider when running a comparative advertising campaign?
Read moreNew EU Platform for Business Regulation: improving fairness of the trading practices of online platforms
What are the EU’s proposals for improving trading practices in the online economy?
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