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An innocent party is entitled to damages, even though performance of the contract is impossible

Published on 01 August 2019. By Geraldine Elliott, Partner and Eliot Henderson, Associate

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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

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Tax update - August 2019

01 August 2019

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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.

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Court of Appeal guidance on liability of financial advice networks for appointed representatives

Published on 31 July 2019. By George Smith, Senior Associate

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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.

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Corrado – Tribunal cancels follower notice penalties 

Published on 31 July 2019. By Adam Craggs, Partner

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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.

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Warshaw – preference shares equal to ordinary share capital and taxpayer entitled to entrepreneurs' relief

Published on 29 July 2019. By Michelle Sloane, Partner

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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).

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What next for the Energy Performance of Retail Buildings?

29 July 2019

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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?

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Development Securities – Jersey-incorporated SPVs held not to be UK tax resident

Published on 26 July 2019. By Ben Roberts, Partner

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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.

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Blog

The Art of the (Settlement) Deal

Published on 26 July 2019. By Davina Given, Partner

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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]

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Make the most of a mediation - 10 Top Tips

Published on 25 July 2019. By Geraldine Elliott, Partner and Emma West, Senior Associate

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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.

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Publication

VAT update July 2019

23 July 2019

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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.

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Carlsberg in the clear on the inappropriate targeting of under-18s

Published on 22 July 2019. By Oliver Bray, Senior Partner and Alyson Lloyd, Senior Associate

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What steps do you need to take to ensure that age restricted products do not target the wrong audience?

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Pushing back on APP scams

Published on 18 July 2019. By Ian Dinning, Senior 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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"Alexa, my symptoms are…"

Published on 17 July 2019.

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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.

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Is it time for a three day weekend?

Published on 17 July 2019.

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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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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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Marks & Spencer – 'free' wine supplied as part of a promotional offer was subject to VAT

16 July 2019

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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.

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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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OWD – HMRC unable to permit temporary trading pending appeal

Published on 12 July 2019. By Michelle Sloane, Partner

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

Published on 09 July 2019. By Oliver Bray, Senior 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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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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Spurs suffer Champions League defeat to the Advertising Standards Authority

Published on 08 July 2019. By Stuart Harris, Associate and Charlie Gould, Associate

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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.

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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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Brexit: A blessing or a curse for accountants?

Published on 08 July 2019. By Matthew Watson, Senior 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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Snapshot

Government consults on HFSS advertising

05 July 2019

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What are the Government’s new proposals for advertising restrictions for High in Fat, Salt or Sugar (HFSS) products?

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ASA rules that Chupa Chups ads don’t suck

05 July 2019

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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?

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ASA uses child avatars to tackle irresponsible gambling ads targeted at children

05 July 2019

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How has the ASA’s introduction of new technology, such as child avatars, impacted on ad monitoring and enforcement?

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Tottenham Hotspur rapped by ASA for use of young player in betting tweet

05 July 2019

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When is it possible to feature an individual under the age of 25 in a gambling ad?

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Betfred avoids irresponsible gambling ad breach

05 July 2019

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When does an ad showing characters gambling during everyday activities cross the socially responsible line in the BCAP Code?

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CAP and BCAP issue gambling advertising guidance

05 July 2019

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What must you do in order to ensure a gambling ad is not aimed towards children?

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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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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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Snapshot

“New Deal for Consumers” Directive

04 July 2019

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What is the “New Deal for Consumers” Directive? Where has it got to? And how will it impact my business?

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No obligation to provide consumer telephone lines: Amazon

04 July 2019

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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.

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CMA investigates customers’ auto-renewal terms in online gaming terms and conditions

04 July 2019

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How might the CMA’s investigation into auto-renewals and other potentially unfair terms in online gaming contracts affect wider industry?

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Snapshot

Pensions company fined for unsolicited emails following inaccurate advice

04 July 2019

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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?

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PPI claims company fined £120,000 by the ICO for spam texts

04 July 2019

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Will a data controller be held responsible where a third party acting on its behalf breaches data privacy laws?

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HMRC issued enforcement notice by ICO for use of biometric data

04 July 2019

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When is consent sufficient for collecting, processing and using biometric data?

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ICO: Age Appropriate Design Code for information society services

04 July 2019

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What steps does the Information Commissioner’s Office (ICO) require to ensure adequate protection of children online?

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Pre-ticked boxes and cookies consents: Planet49

04 July 2019

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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?

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European Data Protection Board issue guidelines on contractual processing for online services

04 July 2019

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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”?

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Notifying data subjects of processing under the GDPR

04 July 2019

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What are proportional measures to take when meeting the informational obligation imposed on data controllers?

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Philip Morris burned by its own internal rules on influencer marketing

04 July 2019

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How careful do you need to be when using youthful-looking influencers to promote e-cigarettes?

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CAP: naming prize winners and marketing to children

04 July 2019

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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?

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Judicial review of ASA decision on “average consumer” test

04 July 2019

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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?

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ASA ruling on Vodafone pricing

04 July 2019

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Did Vodafone exaggerate the price at which it could offer consumers broadband?

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“Was/now” price claims: Zestify Media

04 July 2019

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What price can be stated as the “was” price to represent a genuine saving when compared with the “now” price?

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Lidl held to mislead consumers with cheesy price comparison

04 July 2019

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In making price comparisons with a competitor, do you need to take account of their promotional pricing?

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CAP issues guide on comparative advertising campaigns

04 July 2019

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What must marketers consider when running a comparative advertising campaign?

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New EU Platform for Business Regulation: improving fairness of the trading practices of online platforms

04 July 2019

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What are the EU’s proposals for improving trading practices in the online economy?

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