Search

Blog

Corporate crime – the new offence of failure to prevent tax evasion

Published on 11 May 2017. By Cristina Faro, Associate

Untinted 5

At the end of April, the Criminal Finances Act 2017 was passed, bringing to life a new raft of measures aimed at increasing state powers to tackle financial crime. The rules are set to come into force in September 2017 and include new powers to obtain information, share knowledge and recover criminal property. Of most relevance to the professional community is the new power to prosecute corporate bodies whose agents or employees fail to prevent the facilitation of tax evasion carried out by another person, including customers and suppliers.

Read more
Blog

Pushing the (port) limits

11 May 2017

Purple tint 5

The recent case of Navalmar UK Ltd v Kale Maden Hammaddeler Sanayi ve Ticaret AS [2017] EWHC 116 (Comm) essentially re-affirmed the principles set out in the well know case of The Joanna Oldendorff [1973] 2 Lloyd’s Rep 285, dealing with when a vessel was an arrived ship and what must be considered in deciding the limits of the port. However, as this case demonstrates, it remains a matter of fact as to whether a vessel is within the port limits or not.

Read more
Blog

Back to first principles: contractual intention

10 May 2017

Untinted 4

The High Court has denied a claim that €13.5m was due on the basis of an oral contract because there was no evidence of the parties' intention to create legal relations as well as a lack of certainty in relation to certain other fundamental terms which militated against the existence of a binding contract.

Read more
Publication

Private Fund Limited Partnership

Published on 10 May 2017.

Abstract building

Welcome addition of a new investment funds vehicle

Read more
Blog

EIA – a new role for the planning system in considering the health impacts of development?

10 May 2017

Green tint 3

A summary of the EIA Regulations 2017 and the consideration as part of the planning application process of a proposed development's likely impacts on human health.

Read more
Blog

Supporting a mentally healthy workforce

Published on 10 May 2017. By Heather Rimmer, Associate

Purple tint 3

In Mental Health Week Heather Rimmer considers how the workplace affects those struggling with their mental health and what businesses can do to help.

Read more
Blog

Budget 2017 Amendments to the QROPS Regime - a Further Breach of EU Law

Published on 08 May 2017. By Robert Waterson, Partner

Abstract building

Back in October 2013, I wrote an article for the Tax Journal (18 October 2013, The QROPS Regime and EU Law) in which I argued that the operation of the qualifying recognised overseas pension scheme (QROPS) system, introduced by Finance 2004, breached EU law and was unlawful. The recent changes introduced by the 2017 Budget not only preserve the inherent unlawfulness which has existed in the system since at least October 2008 but introduces a further breach of EU law rights. The background to the October 2013 article was my involvement in representing individuals who had transferred their UK pensions into a fund called ROSIIP.

Read more
Blog

A mutual break-up? – Old Mutual drops IT supplier IFDS

Published on 05 May 2017. By Joseph Byrne, Associate

Abstract building

Old Mutual Wealth has ditched its IT supplier, International Financial Data Services, on £450 million platform project.

Read more
Publication

Corporate tax update, first quarter 2017

Published on 05 May 2017. By Adam Craggs, Partner

Green tint

Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s Tax team and published quarterly. In this first 2017 edition we highlight some of the key tax developments of interest to UK corporates from the first quarter of 2017.

Read more
Blog

The Proceeds of Crime Act 2002: harsh but fair?

Published on 05 May 2017. By Davina Given, Partner

Purple tint

A recent case highlights the dilemma of businesses whose assets are frozen as suspected proceeds of crime.

Read more
Blog

Warning: Enhanced Penalties for Financial Sanctions

05 May 2017

Green tint

Penalties for breaching financial sanctions have increased this week (since 2 May 2017) as HM Treasury brings The European Union Financial Sanctions (Enhanced Penalties) Regulation 2017 (the Regulation) into force.

Read more
Publication

Tax update, May 2017

Published on 03 May 2017. By Adam Craggs, Partner

Untinted 5

In this update we report on HMRC’s recently amended guidance on the General Anti-Abuse Rule, HMRC’s draft guidance on the new disguised remuneration provisions in the Income Tax (Earnings and Pensions) Act 2003, and on the recent modifications to the Finance Bill 2017.

Read more
Blog

Licensors beware – BlackBerry wins refund of royalties from Qualcomm

Published on 02 May 2017. By Joseph Byrne, Associate

Green tint 4

Smartphone chip supplier Qualcomm has been ordered to pay back $814.9 million to BlackBerry as part of a binding interim arbitration settlement.

Read more
Blog

Reining back from last orders - The Protection of Pubs: an update

02 May 2017

Abstract building

Provisions in the Neighbourhood Planning Act 2017 for the protection of pubs, including restrictions on changes of use and demolition, updated from the draft Bill.

Read more
Blog

Upper Tribunal confirms First-tier Tribunal has jurisdiction to amend tax return

Published on 02 May 2017. By Constantine Christofi, Associate

Gray tint 3

In HMRC v Eric Walker [2016] UKUT 32, the Upper Tribunal (UT) has confirmed that the First-tier Tribunal (FTT) has the power, under section 50, Taxes Management Act 1970 (TMA), to amend a return if it decides the taxpayer is entitled to a smaller repayment than the one claimed.

Read more
Blog

The rise and rise of e-sports

28 April 2017

Untinted 4

With the announcement that e-sports will be included in the official programme for the 2022 Asian Games, competitive gaming is now a globally significant brand, and the once-derided pastime of playing video games is now a viable, and lucrative, career opportunity.

Read more
Blog

Top Tips for Commercial Tenants – Lease Expiry

27 April 2017

Abstract building

Commercial advice for business tenants approaching lease expiry

Read more
Publication

VAT update April 2017

Published on 26 April 2017. By Adam Craggs, Partner

Gray tint 1

In this month’s update we report on HMRC’s call for evidence on alternative methods for collecting VAT for online sales, HMRC’s policy on historical VAT bad debt relief claims following the BT and GMAC decisions and the enactment of the insolvency VAT clawback concession. We also comment on three recent cases involving mistake-based claims for unjust enrichment, the VAT treatment of temporary workers and the apportionment of residual input tax for finance houses.

Read more
Blog

The age of the lawyer

Published on 25 April 2017. By James Miller, Managing Partner

Green tint 1

Earlier this month Legal Business published its fifth GC Powerlist UK. The intervening 12 months since the last edition have been some of the most seismic in living memory. This is my take – first published in the Powerlist – on some of the implications for General Counsel and in-house lawyers.

Read more
Blog

Euro Packaging UK Limited – classification of long-life shopping bags

Published on 25 April 2017. By Michelle Sloane, Senior Associate

Purple tint

In HMRC v Euro Packaging UK Limited [2017] UKFTT 0160, the First-tier Tribunal (FTT) allowed the Appellant's appeal against decisions of HMRC relating to the customs duty to be paid on the importation from countries outside the EU of shopping bags and its refusal to remit the customs duty.

Read more
Blog

UK Court grants first 'live' blocking order against streaming servers

Published on 25 April 2017. By Ciara Cullen, Partner

Untinted 2

The Football Association Premier League (FAPL) recently won its application for a court order that the six main retail internet service providers block access to streaming servers until the end of the 2016/2017 Premier League Season. The application covered live streaming only – i.e. it only applies when those servers are streaming infringing content.

Read more
Blog

Lessons learned from Property Alliance Group v RBS

Published on 25 April 2017. By Daniel Hemming, Senior Associate and Davina Given, Partner

Gray tint 1

This article assesses the key aspects of the High Court's judgment and considers their implications for similar claims.

Read more
Blog

Guidance on the "cardinal rule" for implying terms

Published on 21 April 2017. By Davina Given, Partner

Untinted 5

In Irish Bank Resolution Corp Ltd (In Special Liquidation) v Camden Market Holdings Corp the Court of Appeal held that a term could not be implied into an agreement because, although it was linguistically consistent, it was substantively inconsistent with the express terms. In doing so, the court shed further light on the application of the "cardinal rule" that an implied term must not contradict any of the express terms of the contract.

Read more
Blog

FCA publish consultation paper on the Insurance Distribution Directive

Published on 19 April 2017. By Jonathan Charwat, Senior Associate

Green tint 4

The FCA has published the first of two consultation papers setting out its proposals for transposing the Insurance Distribution Directive (IDD) into English law.

Read more
Blog

Let there be light

19 April 2017

Purple tint 5

The importance of light in WELL Building Standards and how it sits within the context of planning law and rights of light

Read more
Blog

Cultural Property (Armed Conflicts) Act 2017: what do collectors and dealers need to know?

Published on 19 April 2017. By Davina Given, Partner

Green tint 4

The UK Parliament has recently passed the Cultural Property (Armed Conflicts) Act 2017. Although the provisions of the Act have not yet come into force, how will this impact collectors and dealers?

Read more
Blog

No more payouts for ticket touts?

19 April 2017

Untinted 5

Ticket touts are exploiting sports and entertainment fans by artificially inflating ticket prices. Will the recent amendments to the Digital Economy Bill (DEB) be effective at preventing this unfair practice?

Read more
Blog

Tribunal cancels penalty imposed against doctor and criticises unreasonable HMRC behaviour

Published on 18 April 2017. By Nicole Kostic, Senior Associate

Purple tint 2

In Dr Ragini Pandey v HMRC [2017] UKFTT 0216 (TC), the First-tier Tribunal (FTT) cancelled a penalty which had been issued by HMRC under paragraph 1, Schedule 24, Finance Act 2007 and in so doing criticised HMRC's 'unreasonable' behaviour.

Read more
Blog

Easter and the Cocoa Calamity

Published on 13 April 2017. By Samantha Thompson, Associate

Purple tint 2

With the world in the midst of a cocoa crisis, this could be the last Easter as you know it.

Read more
Blog

The law of unintended consequences

Published on 12 April 2017. By Victoria Sugden, Senior Associate and Davina Given, Partner

Green tint 1

Why professional indemnity insurers should closely examine losses in professional negligence claims

Read more
Blog

A case of unintended consequences

Published on 12 April 2017. By Victoria Sugden, Senior Associate and Tim Bull, Partner

Green tint 1

Supreme Court Judgment of Lowick Rose LLP (formerly known as Hurst Morrison Thomson LLP) (in liquidation) v Swynson Ltd and another [2017] UKSC 32

Read more
Blog

Complaints against insolvency practitioners hold steady

Published on 11 April 2017. By Rachael Healey, Partner

Untinted 4

The insolvency service has published the latest figures for complaints against insolvency practitioners made to the Complaints Gateway during 2016. The statistics indicate that the Gateway has received a reasonably steady level of complaints since it was established in 2013 but promisingly for practitioners the Gateway does appear to be weeding out more complaints with the Gateway having rejected 29% of complaints in 2016, compared to 18% in the Gateway's first year.

Read more
Blog

CFAs and ATE premiums out of the running in freedom of expression cases

Published on 11 April 2017. By Nicola Cain, Partner

Untinted 5

Supreme Court tips media organisations' Article 10 rights over obligation to pay claimants' additional liabilities in freedom of expression cases

Read more
Blog

Closure Notices defective but JR dismissed as taxpayer should have appealed to the Tribunal

Published on 10 April 2017. By Adam Craggs, Partner

Untinted 3

In R (on the application of Archer) v HMRC [2017] EWHC 296 (Admin), the High Court agreed with the claimant that a Closure Notice issued by HMRC must state the tax due, but dismissed his application for judicial review on the ground that he should have appealed to the First-tier Tribunal (FTT).

Read more
Blog

Cinema Wars: The Courts Awaken

10 April 2017

Abstract building

A review of two recent planning law cases relating to cinema schemes, looking at s73 applications and the role of development plan policies in managing competition.

Read more
Publication

Product liability update

Published on 10 April 2017. By Gavin Reese, Partner

Gray tint 3

In this Update we take a look at some of the recent stories making the news, from driverless cars to advertising for high fat, salt or sugar food or drink products.

Read more
Blog

China’s consumer credit rating culture is evolving fast - probably too fast?

Published on 10 April 2017.

Ratings are a big deal; school ratings, restaurant ratings and movie ratings to name but a few. There is now at least one more rating that matters to people in mainland China - online credit ratings.

Read more
Blog

Hacked – IAAF victim of cyber-attack compromising athlete data

Published on 10 April 2017. By Nicola Cain, Partner and Stuart Harris, Associate

Untinted 2

The International Association of Athletics Federations (IAAF) has been subject to a data breach – allegedly by Russian hacking group Fancy Bears - potentially compromising the sensitive data of a number of athletes.

Read more
Publication

Supreme Court decides on assignment and variation of CFAs

Published on 07 April 2017. By Nick Bird, Partner

Untinted 2

In Plevin v Paragon Personal Finance Limited the Supreme Court determined that a CFA had been validly assigned to a new firm and that variations to it after 1 April 2013 were not new agreements.

Read more
Blog

Eleven more charities fined by ICO in 'wealth screening' probe

07 April 2017

Purple tint 2

The ICO has fined a further eleven charities following an investigation that revealed widespread misuse of donors' personal data.

Read more
Blog

Permissions in Principle: a brave new planning world?

06 April 2017

Abstract building

An overview of regulations relating to brownfield land registers and permission in principle including criteria for including land in a register and allocating it for housing development

Read more
Publication

Tax update, April 2017

Published on 05 April 2017. By Adam Craggs, Partner

Gray tint 1

In this update we report on recent HMRC guidance on partnership follower notices and penalties, the new employment status checker for the intermediaries legislation (IR35) and details of tax avoidance scheme for income and national insurance contributions which HMRC has highlighted in its Spotlight 37.

Read more
Blog

SIPP scheme administrator avoids 'pension liberation' tax charge

Published on 04 April 2017. By Robert Waterson, Partner

Abstract building

In HMRC v Sippchoice Ltd [2017] UKUT 87 (TCC) the Upper Tribunal (UT) has upheld the decision of the First-tier Tribunal (FTT) that Sippchoice should not be subject to scheme sanction charges but said that the FTT's reference to MTIC case law in assessing the evidential burden was incorrect.

Read more
Blog

Sleeve sponsorship – a new trick up the sleeve for Premier League teams

Published on 03 April 2017. By Joseph Byrne, Associate

Untinted 2

The blog provides an insight into the consequences arising from the introduction of sleeve sponsors to the Premier League, with a particular focus on club's existing commercial arrangements and deals that are being negotiated/will be negotiated.

Read more
Blog

Court of Appeal provides a timely reminder of the principles relating to clear and unambiguous contractual negotiations

Published on 03 April 2017. By Emma Griffiths, Senior Associate and Geraldine Elliott, Partner

Purple tint 2

In Global Asset Capital, Inc and another v Aabar Block SARL and others the Court of Appeal found that the High Court had erred in its finding that in assessing whether a contract had been concluded, it need not take account of inconsistent subsequent communications between the parties following the arguable conclusion of a contract during a telephone call that had followed a "subject to contract" offer letter.

Read more
Publication

Fund management litigation

Published on 03 April 2017. By Alan Williams, Partner

Green tint 3

Recourse for LP investors when an investment goes wrong

Read more
Blog

Choppy waters ahead: the decline of North Sea oil

03 April 2017

Purple tint 5

On 8 February 2017, Royal Dutch Shell unveiled its plans for decommissioning the Brent oilfield. Many other producers of North Sea oil are considering ceasing operation, or have already done so. However, the decline of this industry may herald the emergence of another: what opportunities does decommissioning present?

Read more
Blog

MIPIM: 10 things we learnt about you

Published on 31 March 2017. By Johanna Hall, Senior Associate

Untinted 5

A round up of things we learnt during our first experience of MIPIM week, from what to wear to how to plan your diary and make the most of your new connections

Read more
Blog

Prior arbitral award – abuse of process?

Published on 30 March 2017. By Davina Given, Partner

Green tint 3

Michael Wilson & Partners Limited v Sinclair and others [2017] EWCA Civ 3 demonstrates the interplay between arbitration and litigation, considering whether legal proceedings commenced by A against C are an abuse of the court's process where arbitration proceedings between A and B have decided the issue in question. The Court of Appeal held that a prior arbitration award can found an argument that subsequent litigation against a third party is an abuse of process, but will rarely do so. On the facts of this case, the claim was not considered to be an abuse of process.

Read more
Blog

Letters of Credit: Fraud conquers all – if it is fraud

Published on 30 March 2017. By Alan Williams, Partner and Andy McGregor, Head of Civil Fraud

Gray tint 1

The High Court decision in Petrosaudi Oil Services (Venezuela) Ltd v. Novo Banco S.A. and Others [2016] EWHC 2456 provided a useful reminder that the principle of autonomy, which provides for payments to be made under letters of credit, regardless of disputes under the underlying contract, will not be upheld if the fraud exception applies. In its decision at first instance the High Court had found that the fraud exception had applied. However, the High Court judgment was appealed. This update discusses the Court of Appeal's decision.

Read more