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Policing the internet - an age old problem

Published on 05 January 2017. By Joseph Byrne, Associate

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Porn, violence, gambling – how we deal with these taboos of the digital age is a big question, and one which the UK government has started to tackle.

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Blog

Peer review: FCA signals tighter regulation for P2P lending platforms

Published on 03 January 2017. By Matthew Wood, Senior Associate

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The FCA has indicated its intention to apply more stringent regulation to the UK's booming peer-to-peer lending sector, amid concerns that increasingly sophisticated lending platforms are outgrowing the current regulatory regime.

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Blog

Upper Tribunal confirms that right to make VAT repayment claims belongs to representative member of VAT Group

Published on 03 January 2017. By Michelle Sloane, Senior Associate

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In HMRC v MG Rover Group Limited; Standard Chartered PLC v HMRC [2016] UKUT 434, the UT has confirmed that section 43, Value Added Tax Act 1994 (VATA) required repayment rights under section 80, VATA, to be held only by the representative member both before and after they have left the group or the group has been dissolved.

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Blog

GMAC (UK) Plc – Court of Appeal finds VAT bad debt relief provisions incompatible with EU law

Published on 29 December 2016. By Michelle Sloane, Senior Associate

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In HMRC v GMAC (UK) Plc [2016] EWCA Civ 1015, the Court of Appeal has held that the UK's legislation, which barred bad debt relief claims unless the debtor was insolvent and the property in the goods had passed, was incompatible with EU law.

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Publication

Court of Appeal applies Wellesley to a claim against lawyers

22 December 2016

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On 21 December 2016 Lord Justice Jackson and Lord Justice Patten overturned a loss of chance judgment for £2m against lawyers on the grounds that the damage was too remote.

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Blog

Another meander through Three Rivers (No 5): the scope of legal advice privilege

Published on 22 December 2016. By Parham Kouchikali, Partner

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The High Court rejected RBS' claim that interview notes taken by the bank and its external lawyers in the course of two internal investigations were privileged.

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Blog

Filling gaps: Implied terms in contracts

Published on 22 December 2016. By Tim Brown, Partner

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The Court of Appeal has held that where a contract would, on its face, be unenforceable because the parties failed to agree an essential term, the missing term cannot be implied.

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Blog

Trainees Take on 2016: A Year in Review

Published on 22 December 2016. By Sophie Tuson, Associate

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Placing a £10 bet on Donald Trump, Brexit and Leicester City winning the Premier League this year would have made you a millionaire… 30 times over.

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Blog

Football agent scores a victory in loss of a chance case

Published on 21 December 2016. By Christopher Whitehouse, Senior Associate and Tom Hibbert, Partner

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The Court of Appeal upheld the appeal of a licensed football agent who alleged Sports and Entertainment Media Group had induced a professional footballer to breach an agency contract with him, which had deprived him of the fee he would have earned.

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Blog

Biffin - Court grants injunction preventing HMRC from enforcement action

Published on 21 December 2016. By Constantine Christofi, Associate

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In Biffin Limited and Others v HMRC [2016] EWHC 2926 (Admin), the High Court has granted the taxpayers an injunction prohibiting HMRC from commencing enforcement action in respect of alleged tax liabilities.

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Blog

"It's privileged" – is not enough! High Court orders a full list of each document over which a claim to privilege is asserted

Published on 20 December 2016. By Alexis Armitage, Associate and Davina Given, Partner

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The High Court held that a defendant's claim to privilege in respect of communications between employees and in-house counsel went too far. It ordered the defendant to provide a full list of each document over which the defendant asserted a claim to privilege, together with an explanation of the nature of the privileged claimed.

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Blog

The Twelve "Laws" of Christmas

Published on 20 December 2016. By Harriet Evans, Associate

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With the festive season upon us, we take a look at twelve "laws" and determine their legality with a festive twist.

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Publication

Health and safety law update, December 2016

Published on 19 December 2016. By Nick McMahon, Head of Health and Safety

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Welcome to the December issue of our Health & Safety law update.

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Blog

ECON scrutinises EBA's approach to RTS under PSD2

19 December 2016

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The EBA Chair has recently appeared before ECON to explain the EBA's approach to the development of RTS on strong customer authentication and secure communications under PSD2, and to answer concerns raised by the committee and others about these RTS.

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Blog

3 Rivers (No5) floods back to potentially drown legal advice privilege?

Published on 19 December 2016. By Emma Griffiths, Senior Associate

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A crisp and narrow focus, of particular relevance to US and financial services companies, has just been placed on the terms client, legal advice and lawyers' working papers by two recent first instance cases that have applied the decisions made in 3 Rivers (No5)

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Blog

Who is going to pay? FCA launches consultation on the funding of the FSCS

Published on 16 December 2016. By Lucy Joyce, Senior Associate

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The FCA's consultation follows on from FAMR and focuses on how the FSCS should be funded going forward.

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Publication

Life Sciences, December 2016

Published on 16 December 2016. By Dorothy Flower, Partner

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Welcome to our final Life Sciences update of 2016. In this edition we cover Wilkes v DePuy (the recent judgment that deals with medical products liability and is a boost for defendants), the Brexit debate continued, fitness trackers making people unfit and insurers and manufacturers preparing for the outbreak of rare diseases.

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Publication

Supreme Court considers the application of SAAMCo to claims against lawyers

Published on 15 December 2016. By Nick Bird, Partner

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The test for remoteness of damage in claims against lawyers is going to be examined today and tomorrow by the Supreme Court. The justices hearing the appeal include the president Lord Neuberger together with Lord Mance, Lord Clarke, Lord Sumption and Lord Hodge.

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Blog

Court of Appeal confirms criminal offences cover the sale of "grey" goods

Published on 15 December 2016. By David Cran, Partner

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The Court of Appeal (Criminal Division) has recently confirmed that the sale of "grey" goods can be a criminal offence under the Trade Marks Act 1994 (TMA).

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Blog

Confidential information "oiled" progress of new product development

Published on 14 December 2016. By Louise Morgan, Senior Associate and David Cran, Partner

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When is information confidential? A recent case gave cause for the English High Court to clarify.

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Blog

Kevin Reed v HMRC - Tribunal dismisses taxpayer's application for reinstatement of his appeal

Published on 12 December 2016. By Alexis Armitage, Associate

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In Kevin Reed v HMRC [2016] UKFTT 0653 (TC), the First-tier Tribunal (FTT) dismissed the taxpayer's application for reinstatement of his appeal which had been struck out for failing to comply with directions issued by the FTT.

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Blog

FCA identifies concerns with PI cover for general insurance intermediaries

07 December 2016

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The FCA has announced the results of a review into general insurance intermediaries' professional indemnity insurance. The FCA found sufficient breadth in the market, but also identified some significant concerns about the cover firms had purchased.

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Blog

Icebreaker litigation: partial award of costs upheld as HMRC recognised as the "substantial victor"

Published on 06 December 2016. By Constantine Christofi, Associate

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In Bastionspark LLP and others v HMRC , the Upper Tribunal (UT) has held that the First-tier Tribunal (FTT) was entitled to find that HMRC had been the "substantial victor" and to make a partial award of costs in favour of HMRC notwithstanding that each party had been partially successful in an appeal against HMRC's decision regarding allowable expenditure.

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Blog

Investigatory Powers Act gets royal assent

Published on 02 December 2016.

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This week, the Queen gave royal assent to the Investigatory Powers Bill (aka "The Snoopers Charter"), marking the end of the controversial bill's passage into law.

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Blog

Spring Capital -Tribunal directs postponement of payment of tax

Published on 02 December 2016. By Constantine Christofi, Associate

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In Spring Capital Ltd v HMRC , the First-tier Tribunal (FTT) allowed the taxpayer's application for the postponement of payment of tax under section 55 Taxes Management Act 1970 (TMA), as it had a reasonable argument in relation to the underlying substantive issue.

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Publication

Tax update, December 2016

Published on 01 December 2016. By Adam Craggs, Partner

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In this update we report on HMRC’s new guidance on client notification regarding Common Reporting Standards, the targeting by HMRC of the UK’s richest people and HMRC’s progress in reviewing the so-called Panama Papers. We also comment on three recent cases on whether the Tribunal has jurisdiction to entertain an application to provide witness evidence made by a non-party to the appeal, an inheritance tax scheme which succeeded and the Ramsay principle in the context of a proposed scheme of arrangement.

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Blog

Online Sales and Price-Fixing

Published on 01 December 2016. By Melanie Musgrave, Senior Associate

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The CMA recently issued a warning to online retailers against price-fixing and using automated re-pricing software to facilitate such arrangements.

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Blog

FCA consults about delaying disclosure of inside information

01 December 2016

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The FCA has issued a consultation on amendments it proposes to make to the Disclosure and Transparency Rules section of the FCA Handbook. The FCA proposes to make these amendments to make the FCA Handbook consistent with ESMA's guidelines on delay in the disclosure of inside information.

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Blog

"For success and resilience – diversify!"

30 November 2016

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When PayPal, Uber, Acritas, Springer Nature, Legal & General Group Plc and RPC are all reported as saying the same thing on the same day – that diversifying your legal department and your law firm client contact team is good for business – then…. hopefully, the message will start to sink in!

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Publication

FCA market study findings

Published on 30 November 2016.

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One year on from the FCA’s launch of its market study in November 2015 on the asset management sector, the regulator’s interim findings suggest there is more to be done to achieve effective competition. It has also proposed some interim remedies, on which it seeks feedback by 20 February 2017.

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Blog

Has Brexit cancelled Christmas?

Published on 25 November 2016. By Dani Barnes, Associate

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The pressure is on for brands to compete for advertising success. But what is it about the festive period that encourages brands to spend increasingly eye-watering sums year on year? And has Brexit impacted brands' willingness to splash their cash on adverts this Christmas?

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Blog

High Court considers the Ramsay principle in the context of a proposed scheme of arrangement

23 November 2016

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In Re Home Retail Group Plc , the High Court considered the so-called Ramsay principle of purposive construction in deciding whether a cancellation scheme following the sale of a business, to be carried out in connection with a takeover, fell within the anti-avoidance provisions contained in section 641(2A), Companies Act 2006 (CA 2006).

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Publication

The proof of the pudding is in the eating

Published on 23 November 2016. By Catherine Percy, Partner and Alice Wilson, Senior Associate

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Insureds can have their cake but only if they eat it too

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Publication

VAT update, November 2016

Published on 23 November 2016. By Adam Craggs, Partner

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In this month’s update we report on new regulations which allow HMRC to refuse registration of VAT representatives, HMRC’s new policy on the correct treatment of VAT incurred by a business prior to its VAT registration and the EU’s extension of the UK’s VAT derogation permitting the UK to restrict input tax recovery on car leasing costs to 50% where the car is available for private use.

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Blog

Adjudication costs not recoverable as costs of proceedings

Published on 23 November 2016. By Felicity Strong, Senior Associate

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The Technology & Construction Court ("TCC") has recently considered whether there are circumstances in which a party can recover adjudication costs; the position, ordinarily, being that the costs of adjudication are not recoverable from the other side.

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Blog

"Refine but not replace Solvency II" declares the ABI

Published on 21 November 2016. By Jonathan Charwat, Senior Associate

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In its response to the Select Committee inquiry into the impact of Solvency II (as reported by us in September), the Association of British Insurers (ABI) has called on the Government to refine and not replace Solvency II. The response also claims that the implementation of the new regulations is harming customers, distorting markets and potentially unnecessarily affecting UK firms' ability to compete in the EU and globally.

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Blog

Approaches to supervising the conduct of intermediaries, IAIS paper

Published on 21 November 2016. By Jonathan Charwat, Senior Associate

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The International Association of Insurance Supervisors (IAIS) has published an application paper on approaches to supervising the conduct of intermediaries.

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Blog

Smartphones, smartwatches... 'smart' offices?

Published on 18 November 2016. By Sophie Tuson, Associate

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Robot security guards, coffee machines that remember how you like your cappuccino, and smartphone apps which enable employees to control heating and lighting at the touch of a button. Welcome to the brave new world of the ‘smart’ office.

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Blog

The ins and outs of tall buildings

Published on 18 November 2016. By Johanna Hall, Senior Associate

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Whilst iconic design can be fabulous, RPC asks if we will see developers and architects put more thought into the needs of their occupiers and surrounding landowners, and less of a focus on headline-grabbing exterior designs.

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Blog

High Court dismisses Libyan Investment Authority's claim against Goldman Sachs

Published on 17 November 2016. By Simon Hart, Partner and Sarah Shaul, Associate

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The High Court dismissed the Libyan Investment Authority's claim against Goldman Sachs based on two causes of action, undue influence and unconscionable bargains, in relation to a series of transactions which the parties entered into (the Disputed Trades) between September 2007 and April 2008, causing the LIA to lose billions.

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Blog

BBC prevented from submitting evidence in IR35 case

Published on 16 November 2016. By Nicole Kostic, Senior Associate

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In Paya Limited and Tim Willcox Limited v HMRC [2016] UKFTT 0660 (TC), the First-tier Tribunal (FTT) held that the BBC could not provide witness evidence of its own motion to the FTT in tax appeals, to which it was not a party.

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Blog

High Court considers validity and timing of contractual notices in close-out procedures

Published on 16 November 2016. By Jake Hardy, Legal Director

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The Commercial Court in London has considered a range of issues arising from the application of the close-out provisions of the standard form GMRA (Global Master Repurchase Agreement), year 2000 version (2000 GMRA).

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Video

TerraLex: 19,000 lawyers. 100 countries. One network

15 November 2016

Terri Gavulic, Executive Director of TerraLex, explains how this international network of law firms offers the kind of low-fuss cost effective cross-border solution that clients value.

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Publication

Wealth and Trusts quarterly digest

Published on 15 November 2016. By Adam Craggs, Partner

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Our quarterly digest aims to bring you up to date commentary and analysis on key sector developments. RPC’s tax, wealth and trusts teams are able to provide a wide ranging service to assist you and your clients in responding to market trends and legal developments. We would welcome the opportunity to discuss any concerns you may have and always welcome feedback on the content of our publications.

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Blog

The Olympic party that nobody wants to host

14 November 2016

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Rio de Janeiro knows how to throw a party. But now that the dust has settled after the carnival celebration of hosting the Olympic Games, what state has the city been left in?

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Blog

Salinger: IHT scheme succeeds

Published on 11 November 2016. By Constantine Christofi, Associate

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In M L Salinger and J L Kirby v HMRC [2016] UKFTT 677 (TC), the First-tier Tribunal (FTT) held that the transfer of a reversionary interest had not been a transfer of value for Inheritance Tax (IHT) purposes and allowed the taxpayers' appeal.eal.

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Blog

Acceptance or a counter-offer - what relevance are communications after the fact?

Published on 11 November 2016. By Christopher Whitehouse, Senior Associate and Simon Hart, Partner

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In Caroline Gibbs v Lakeside Developments the High Court held that an email purporting to accept a settlement offer but attaching a consent order specifying a different payment date was not an acceptance but a counter-offer.

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Blog

Building on Brexit

10 November 2016

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The Impact of Brexit on the Construction Industry and the House of Commons Briefing Paper

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Essar v Norscot: the landmark decision third party funding has been waiting for?

Published on 10 November 2016. By Daniel Hemming, Senior Associate and Geraldine Elliott, Partner

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The Commercial Court rejected an application to set aside an arbitral award entitling the respondent to its costs of third party litigation funding on the ground of serious irregularity. It also held that the Arbitration Act 1996 power to award "legal and other costs" included the costs of litigation funding.

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Intention to be bound: High Court construes commitment letter against equity participant

Published on 09 November 2016. By Parham Kouchikali, Partner and Matthew Evans, Senior Associate

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The High Court held that the defendant signatory to a commitment letter intended to be legally bound by that document and was consequently in anticipatory repudiatory breach of contract. The decision highlights the need for contracting parties to be clear in documenting both their internal and external decision-making processes.

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