Search

Publication

Tax update May 2018

01 May 2018

Purple tint 3

In this month’s update we report on HMRC’s recently published guidance relating DOTAS for inheritance tax, its guidance for the GAAR and a new consultation relating to tax avoidance involving Profit Fragmentation.

Read more
Blog

Game theory and the art of litigation settlement (Part 3)

Published on 01 May 2018. By Christopher Whitehouse, Senior Associate and Simon Hart, Partner

Untinted 3

This article is the third in a series targeted at litigators that consider the issue of settlement in litigation through a game theoretical lens.

Read more
Publication

Corporate tax update

Published on 01 May 2018. By Ben Roberts, Partner

Purple tint 3

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

Read more
Blog

Lisbon, a near-shore hub for UK business

Published on 01 May 2018. By Nigel Collins, Partner, Head of Japan Desk

Abstract building

Hosting a meeting at Hitachi Consulting's offices in Lisbon

Read more
Publication

General liability newsletter April 2018

Published on 30 April 2018. By Gavin Reese, Partner and Jonathan Drake, Senior Associate and Nick McMahon, Head of Health and Safety

Green tint 1

Employees owe a duty to their employers to carry out their work with reasonable care so as to avoid accident and injury. Employers are vicariously liable for the negligence of their employees but are entitled to claim a contribution or indemnity from their negligent employee in appropriate circumstances.

Read more
Publication

Pension transfers

30 April 2018

Green tint

The FCA tries again to get it right with new rules and a further consultation paper.

Read more
Blog

Value Added – New VAT "joint liability" risk for online marketplaces

Published on 30 April 2018. By Robert Waterson, Partner

Untinted 5

The flow of goods cross-border has increased significantly as a result of the inexorable rise of the online marketplace. Policing the tax aspect of online businesses has created numerous difficulties for national authorities. In no area is this felt more than VAT, where many online traders (both inside and outside the EU) have opted wittingly or otherwise to evade tax by simply not registering or accounting for VAT in any jurisdiction.

Read more
Blog

Onillon – Failure to take Follower Notice 'corrective action' reasonable in all the circumstances

Published on 27 April 2018. By Michelle Sloane, Partner

Abstract building

In Onillon v HMRC [2018] UKFTT 33 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal against a penalty imposed for failing to take corrective action following the issue of a Follower Notice (FN) as it was reasonable in all the circumstances for the taxpayer not to take such action.

Read more
Blog

Game theory and the art of litigation settlement (Part 2)

Published on 25 April 2018. By Christopher Whitehouse, Senior Associate and Simon Hart, Partner

Gray tint 4

This article is the second in a series targeted at litigators that consider the issue of settlement in litigation through a game theoretical lens.

Read more
Blog

Potentially largest ever Japan outbound deal

Published on 25 April 2018. By Nigel Collins, Partner, Head of Japan Desk

Green tint 2

Takeda makes its 5th offer for Shire

Read more
Blog

A Virtual Reality Check

25 April 2018

Gray tint 4

Article exploring the growth of virtual reality (VR) and the legal issues which are emerging including product liability, data and privacy risks, and the 'laws' of the virtual world as a jurisdiction in itself.

Read more
Publication

VAT update April 2018

Published on 24 April 2018. By Adam Craggs, Partner

Untinted 2

In this month’s update we report on the publication of the draft agreement on the UK’s withdrawal from the EU; the Government’s “split payment” collection model for online sales by non-UK sellers; and HMRC’s revised guidance on the cost sharing exemption.

Read more
Publication

Asia Insurance Bulletin 2018

23 April 2018

Our Asia Insurance Bulletin is now available. The bulletin contains a number of articles written by our lawyers discussing a variety of issues relevant to the Asia region.

Read more
Blog

The FCA publishes its 2018/19 Business Plan

Published on 23 April 2018. By Charlotte Thompson, Associate

Green tint 1

On 9 April 2018 the FCA published its Business Plan for 2018/19, demonstrating its continued focus on culture and governance in firms, tackling financial crime and the role of technology in the financial services industry.

Read more
Blog

Home is where you hang your medical test

20 April 2018

Abstract building

At-home medical tests can be useful diagnostic tools, but this carries risks for patients or insurers. Medical malpractice and product liability insurers need to plan for the future.

Read more
Blog

Court of Appeal's history lesson for claimants bringing personal injury claims

Published on 20 April 2018. By Peter Rudd-Clarke, Legal Director

Gray tint 1

Healthcare providers and manufacturers of medical products will welcome a judgment from the Court of Appeal that found against a claimant for failing to give notice of funding in time.

Read more
Blog

Diversity on the agenda

Published on 20 April 2018. By James Miller, Managing Partner

As clients of City law firms like RPC, those represented in the Powerlist are playing an increasingly leading role in ensuring diversity doesn't just rise up the agenda, but stays there.

Read more
Blog

Japan's Itochu to raise stake in FamilyMart to 50.1%

Published on 19 April 2018. By Nigel Collins, Partner, Head of Japan Desk

Purple tint

Itochu to spend $1.1bn for an 11.1 per cent premium in FamilyMart

Read more
Blog

Unregulated cryptocurrencies – an end in sight?

Published on 18 April 2018. By Ashley Daniells, Associate and Matthew Watson, Senior Associate

Purple tint 1

Since their creation, cryptocurrencies have been somewhat of an enigma. Decentralised digital currencies such as Bitcoin have remained unregulated, despite becoming more prevalent in our day-to-day lives. That could be about to change with the FCA announcing plans to include them as part of their other regulated products or services.

Read more
Blog

FCA success in the High Court: Compensation of £16.9m awarded to misled investors

Published on 16 April 2018. By Lucy Kerr, Senior Associate

Untinted 5

A five-year court battle between the Financial Conduct Authority ("FCA") and Capital Alternatives Limited concluded on 26 March 2018 when the High Court used its restitution powers under the Financial Services and Markets Act 2000 to award compensation to investors who lost money invested with Capital Alternatives.

Read more
Publication

Construction newsletter April 2018

13 April 2018

Untinted 2

The first quarter of 2018 has been a challenging one for the construction industry. It saw a further decline in construction output in January, with the Office of National Statistics reporting that construction output fell by 3.4% in January from December.

Read more
Blog

Hargreaves: Loyalty pays

Published on 13 April 2018. By Constantine Christofi, Senior Associate

Purple tint 1

In Hargreaves Lansdown Asset Management LTD v HMRC [2018] UKFTT 127 (TC) TC06383, the First-tier Tribunal (FTT) has found that loyalty bonus payments paid to investors were not "annual payments" for the purpose of section 683, ITTOIA.

Read more
Blog

Volkswagen: CJEU provides guidance on the time limit for input VAT recovery

11 April 2018

Purple tint

In Volkswagen AG v Finančné riaditeľstvo Slovenskej republiky C-533/16, the Court of Justice of the European Union (CJEU) has held that Member States cannot impose a time limit on input tax recovery that denies claims before the taxable person is in a position to exercise its right to recover.

Read more
Publication

Asset management market study update

10 April 2018

Purple tint 3

On 5 April 2018 the FCA published proposals to address concerns identified in its asset management market study

Read more
Blog

Game theory and the art of litigation settlement

Published on 06 April 2018. By Christopher Whitehouse, Senior Associate and Simon Hart, Partner

Gray tint 4

This article is the first in a series targeted at litigators that consider the issue of settlement in litigation through a mathematical lens.

Read more
Blog

New(ly reiterated) grounds for stay on enforcement of an adjudication decision

05 April 2018

Purple tint

A real risk of the dissipation or disposal of an adjudication sum may justify the grant of a stay on enforcement of an adjudicator's award.

Read more
Blog

Property Alliance Group Limited v The Royal Bank of Scotland plc – a pyrrhic victory?

Published on 04 April 2018. By Parham Kouchikali, Partner and Joe Cresswell, Associate

Gray tint 4

The Court of Appeal handed down its much anticipated judgment on the misselling and LIBOR manipulation test case in March. Whilst the appeal was dismissed in full, the Court of Appeal's decision clarified a number of aspects of the law in this area and, in particular, the circumstances in which an implied representation in respect of LIBOR would arise.

Read more
Blog

Jackson : HMRC penalised in penalties case

Published on 04 April 2018. By Adam Craggs, Partner

Gray tint 1

In Jackson v HMRC [2018] UKFTT 0064 (TC), the First-tier Tribunal (FTT) has held that HMRC had misapplied the law in respect of penalties it had issued to the taxpayer for filing late returns.

Read more
Publication

Tax update April 2018

03 April 2018

Green tint

In this month’s update we report on HMRC’s new Code of Practice 8 guidance, the OECD’s consultation on misuse of residence and citizenship schemes to circumvent the common reporting standard.

Read more
Blog

The future of the NHS: Concerns and comparisons

29 March 2018

Green tint 3

New poll suggests greater concerns over cuts to NHS funding than terrorism threat.

Read more
Blog

Properties are Heating Up – New Minimum Energy Efficiency standard to come into force

29 March 2018

Untinted 5

On 1 April 2018 the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2018 ("the Regulations") will come into force, introducing Minimum Energy Efficiency Standards ("MEES") for privately rented properties, including retail properties.

Read more
Blog

ESMA cracks down on the sale of binary options and CFDs to retail investors

Published on 29 March 2018. By Lucy Kerr, Senior Associate

Green tint 1

The European Securities and Markets Authority (ESMA) has announced its intention to prohibit the sale of binary options to retail investors and to place restrictions on the sale of contracts for difference (CFDs). This is the first use of ESMA's new intervention powers under MiFID II.

Read more
Blog

FCA reviews approach to enforcement and penalties

Published on 28 March 2018. By Ashley Daniells, Associate and Sarah Dowding, Senior Associate

Green tint 2

The FCA has announced plans in its recent consultation paper on enforcement to review how it applies penalties which have gone from record highs to record lows over the past 5 years.

Read more
Blog

Hicks: Discover the limits

Published on 28 March 2018. By Constantine Christofi, Senior Associate

Abstract building

In J Hicks v HMRC [2018] UKFTT 22, the First-tier Tribunal (FTT), in allowing the taxpayer's appeal, has held that discovery assessments issued by HMRC were invalid as the condition contained in section 29(5), TMA 1970, was not satisfied.

Read more
Blog

Vicarious liability of data controllers: The Morrisons data breach case

28 March 2018

Purple tint 2

Following the conviction of Andrew Skelton, a former Morrisons employee, after he published Morrisons’ employees’ personal details on a file sharing website, a group of over 5,500 employees of Morrisons took action against the supermarket to recover compensation for breach of a statutory duty under the UK Data Protection Act 1998 (‘DPA’), as well as for breach of confidence and misuse of private information.

Read more
Video

Takeaways from Retail Week Summit 2018

26 March 2018

Find out some of our key takeaways from the Retail Week Summit 2018

Read more
Publication

VAT update March 2018

26 March 2018

Green tint 1

In this month’s update we report on HMRC’s informal VAT grouping consultation; HMRC’s update on its project to digitise the VAT Retail Export Scheme and HMRC’s new guidance for Fast Parcel Operators.

Read more
Blog

Can the WTO assist British trade post-Brexit?

26 March 2018

Gray tint 2

The World Trade Organisation (WTO) has been in the press recently perhaps more than it would like, with concerns being raised about whether its rules would be sufficient to maintain British trade in the event of a "hard Brexit". But what is the WTO, and how does it deal with disputes?

Read more
Publication

Health and safety update March 2018

26 March 2018

Untinted 2

Welcome to the latest edition of our 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.

Read more
Blog

<連載コラム・欧州M&A最前線>2018年3月

Published on 23 March 2018. By Nigel Collins, Partner, Head of Japan Desk

Untinted 5

この原稿を書きながら窓の外を眺め、英国にもようやく春が来たのではないかと期待している。今年はずいぶん待たされた。これほど長く厳しい冬に耐えた後には、きっと暑くて長い夏が来ると思いたい。

Read more
Blog

Using data to bring innovative products to the market … and keep them there

Published on 22 March 2018. By Peter Rudd-Clarke, Legal Director

Purple tint 3

There are now more and more opportunities to collect and use health data to innovate, improve efficiency and improve care. The same data could prove very useful in responding to the threat of litigation too

Read more
Video

Considerations for future GCs

Published on 21 March 2018. By Karen Hendy, Head of Corporate and Jon Bartley, Partner

Untinted 4

Partner Jon Bartley and Head of Corporate Karen Hendy recap key points from the Enterprise GC conference including key considerations for the future.

Read more
Video

Main themes from the Enterprise GC Conference

Published on 21 March 2018. By Karen Hendy, Head of Corporate and Jon Bartley, Partner and Jeremy Drew, Partner

Untinted 4

Jon Bartley, Karen Hendy and Jeremy Drew discuss the main themes from the Enterprise GC Conference.

Read more
Video

How to demonstrate your value during a crisis

Published on 21 March 2018. By Jeremy Drew, Partner

Untinted 4

Jeremy Drew recaps his session from the Enterprise GC Conference - How to demonstrate your value when the media lens is on your business.

Read more
Blog

Taylor Wimpey – Upper Tribunal clarifies the application of the 'builder's block' scheme

Published on 20 March 2018. By Michelle Sloane, Partner

Purple tint 5

In Taylor Wimpey Plc v HMRC [2018] UKUT 55, the Upper Tribunal (UT) has allowed in part the taxpayer's appeal in relation to its claim to recover input VAT incurred on the provision of certain white goods, kitchen appliances and carpets installed in newly built houses.

Read more
Blog

SFC requires ICO to be withdrawn from Hong Kong public

Published on 20 March 2018. By Jonathan Crompton, Partner

Untinted 4

On 19 March 2018 the Securities and Futures Commission (SFC) announced that it had halted an initial coin offering (ICO) to the Hong Kong public by Black Cell Technology Limited (Black Cell).

Read more
Publication

Enhancing the cross-border distribution of collective investment funds

16 March 2018

Gray tint 1

The European Commission has published a draft Regulation and Directive on the cross-border distribution of investment funds. The aim is to establish a genuine internal capital market by addressing fragmentation and removing regulatory barriers (namely Member States’ marketing requirements, regulatory fees and notification and administrative requirements), which can all prevent the cross-border distribution of investment funds in the European Union.

Read more
Blog

The High Court confirms the availability of Bankers Trust orders to trustee Claimants seeking to recover misappropriated assets

Published on 16 March 2018. By Jonathan Cary, Partner

Gray tint 1

The decision of the High Court in Miles Smith Broking Limited –v– Barclays Bank PLC has confirmed for the first time the availability of the commonly encountered Bankers Trust order to trustee Claimants of stolen/misappropriated property, highlighting the flexibility of the Court's equitable jurisdiction when presented with new situations. The decision also serves as a neat illustration of the Court's willingness to grant Norwich Pharmacal relief to facilitate the recovery of unlawfully dissipated assets and the types of complimentary interim remedies available to Claimants for that purpose.

Read more
Blog

Litigation privilege: whose privilege?

Published on 15 March 2018. By Davina Given, Partner and Christopher Whitehouse, Senior Associate

Purple tint

The claimants, companies in the corporate group of the mining company MMG, applied to inspect certain documents created in foreign proceedings over which the defendants, companies belonging to the mining company Glencore, asserted litigation privilege.

Read more
Blog

Frederick & Others v Positive Solutions Limited – a win for principals on vicarious liability

Published on 14 March 2018. By David Allinson, Senior Associate and Lucy Joyce, Senior Associate

Green tint 2

The Court of Appeal has reinforced the idea that liability will only attach to a principal in cases where a tort committed by an agent can be shown to have been completed as an integral part of the business activities of the principal. Furthermore, all elements composing the tort must take place within the course of the agency. The case thickens the lines defining what conduct of an agent could lead to recovery from the principal.

Read more