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Snapshot

Advertised delivery restrictions and surcharges: CAP Enforcement Notice

09 August 2018

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How careful do you need to be about making delivery claims like “Free UK Delivery”? Can you bury additional delivery charges for (say) the Scottish Isles in your T&Cs when making such an absolute claim? (Quick answer = no!).

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ASA: blind taste test not misleading - Bulmers

09 August 2018

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What information do you need to include in a comparative ad to support your claim? Can you round up figures to the nearest percentage if you make this clear in the small text?

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ASA: misleading “was” price claim: Victoria Plum

09 August 2018

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When will a “was” price in a savings claim be considered misleading?

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ASA: omission of promotional T&Cs: prettylittlething

09 August 2018

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What information must be included in the main body of an advert?

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ASA: "our best prices" claim misleading – Sky UK

09 August 2018

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What does "our best prices" actually mean? Does it mean our best prices for the relevant products at the time the ad appears? Or does it mean our best "ever" prices or our best prices for a "reasonable" amount of time before the offer?

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ASA refers Viagogo to Trading Standards for misleading advertising

09 August 2018

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How likely is the ASA to impose further sanctions when an entity fails to act upon the ASA's instructions?

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ASA: "studio-quality" camera claim not misleading - Apple

09 August 2018

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What factors will the ASA consider when assessing statements made in ads? And what meaning will be given to industry standard terms when used in a different market context?

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ASA: "was" prices did not represent genuine savings against usual selling prices - Currys

09 August 2018

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Can "was" prices be used in ads if the prices claimed were used many months before the promotion?

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CAP announces 12 month review of rules on advertising HFSS products

09 August 2018

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The Committee of Advertising Practice (CAP) has announced the terms of reference for its review of the rules introduced in 2017 on the advertising of food and soft drinks high in fat, salt and sugar (HFSS) in non-broadcast media.

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CAP consults on harmful gender stereotypes

09 August 2018

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The Committee of Advertising Practice (CAP) has launched a public consultation on a new rule to tackle harmful gender stereotypes in advertising, as well as guidance to advertisers on how the new rule should be interpreted in practice.

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Snapshot

CAP Guidance on 'Compulsory costs and charges: Delivery charges'

09 August 2018

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How should retailers advertise their delivery charges, in order to comply with the Committee of Advertising Practice’s (CAP) new guidance?

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Blog

Bradshaw – Tribunal confirms ignorance of the law is a reasonable excuse and cancels  penalties

Published on 09 August 2018. By Michelle Sloane, Partner

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In A and R Bradshaw v HMRC [2018] UKFTT 0368 (TC), the First-tier Tribunal (FTT) has held that a taxpayer's ignorance of the law is a reasonable excuse in relation to the late filing of a non-resident CGT return (NRCGT return).

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Snapshot

Administrator of Facebook fan page held to be data controller

09 August 2018

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Is the administrator of a fan page on Facebook a "controller" for the purposes of the Data Protection Directive (95/46/EC) (DPD)?

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UK's data retention powers incompatible with EU Law

09 August 2018

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Are the UK security services' data retention powers compatible with the new privacy regime under EU Law?

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Fine for theft of employer’s personal data

09 August 2018

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Can departing employees be fined for stealing their employer's personal data? Even if the theft is relatively "minor"?

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ICO draft guidance: Data Protection Impact Assessments

09 August 2018

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When and how should a data controller conduct a Data Protection Impact Assessment (DPIA) under the GDPR?

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ICO draft guidance: legitimate interests as a lawful basis for processing

09 August 2018

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The GDPR significantly alters the balance of obligations, responsibilities and liabilities for controllers and processors of data. It mandates that a processor must have a lawful basis for the processing of data. However There are some impactful changes, particularly when looking to rely on legitimate interests as the lawful basis upon which a processor intends to process data.

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ICO guidance: “consent is not the silver bullet for GDPR compliance”

09 August 2018

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The ICO reiterated that organisations do not necessarily need to obtain fresh consent from all of their customers in order to comply with GDPR.

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The new data protection fee

09 August 2018

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From 25 May 2018, as part of the revamp by the General Data Protection Regulation (GDPR), the Data Protection (Charges and Information) Regulations 2018 (the 2018 Regulations) came into force. Amongst other things, these regulations change the way the ICO fund their data protection work.

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Snapshot

WP29 revised guidelines: personal data breach notification

09 August 2018

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When should a data controller or processor notify a personal data breach?

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Injunctions in the age of digital media

09 August 2018

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What should be the right scope of an interim injunction where a trade mark is infringed on social media? And how careful do you need to be of using third party trade marks in ad campaigns?

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Blocking orders in relation to counterfeit goods

09 August 2018

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Who is liable to pay the costs of implementing a blocking order?

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Contractual Interpretation - no oral modification clauses

09 August 2018

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Is a no oral modification clause legally effective?

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Contractual interpretation – express "good faith" clauses

09 August 2018

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What approach will the courts take in relation to an express "good faith" clause?

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Contractual interpretation – recitals

09 August 2018

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What factors will a court consider when interpreting contractual clauses?

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Damages – "negotiating damages" for breach of contract

09 August 2018

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In what circumstances are "negotiating" (ie Wrotham Park) damages available?

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Blog

EIOPA Report on Cyber Insurance raises awareness and understanding of cyber risk in the European market

Published on 08 August 2018. By Anthony Cutler, Associate and Bethan Griffiths, Associate

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The European Insurance and Occupational Pensions Authority ("EIOPA") has published a report "Understanding Cyber Insurance – A Structured Dialogue with Insurance Companies", which heralds its first attempt to enhance understanding of cyber risk with a focus on the European market.

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Blog

Important issues relating to effect and interpretation of non-assignment clauses

Published on 07 August 2018. By Simon Hart, Partner

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Service by text and data room, worldwide freezing orders against persons unknown, self-identification orders and hearings on paper and in private are ways the court is dealing with cyber-crime. Here are five ways that the courts are addressing the imbalance that exists between victims and criminals who seek to hide behind a veil of anonymity in this digital age.

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Blog

Shaw: Tribunal cancels penalties … again!

Published on 06 August 2018. By Constantine Christofi, Senior Associate

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In Shaw v HMRC [2018] UKFTT 0381 (TC), the First-tier Tribunal (FTT) has cancelled late filing penalties because HMRC had not satisfied the statutory requirements of section 8(1), Taxes Management Act 1970 (TMA) as a notice to file had not been validly served on the appellant.

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Blog

Adjudication and liquidation – the final word?

03 August 2018

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It is generally the case (though not always!) that courts are reluctant to enforce monetary award adjudication decisions in favour of companies in liquidation (CILs). This is because of the uncertainty surrounding the CIL’s ability to repay those sums should it later transpire it was not entitled to the award.

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Blog

Online Prescriptions or Real Life Addictions?

Published on 02 August 2018. By Natalie Drew, Senior Associate

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With the rules around online prescribing set to be strengthened, we consider why these changes have come about, and what it might mean for patients and prescribers.

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Blog

US talc litigation has important lessons for UK insurers

Published on 02 August 2018. By Peter Rudd-Clarke, Legal Director

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Although it is unlikely litigation involving household staples such as talcum powder could succeed in the UK, the ongoing US litigation underlines a significant trend in product liability exposures.

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Publication

Tax update August 2018

Published on 01 August 2018. By Adam Craggs, Partner

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In this month’s update we report on the summary of responses to HMRC’s consultation on extending time limits for offshore non-compliance, HMRC’s policy paper on “profit-fragmentation” and HMRC’s consultation on proposals for new civil information gathering powers for HMRC.

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Blog

New rules for peer-to-peer lending announced by FCA

Published on 01 August 2018. By Ashley Daniells, Associate

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The popularity of peer-to-peer (P2P) lending has increased exponentially in recent years, with nearly £10 billion being transferred through such platforms in the past ten years. In an attempt to fix "increasingly complex business structures", the FCA has announced new plans for new rules for peer-to-peer (P2P) lending.

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Blog

Tager – Court of Appeal allows taxpayers' appeals and reduces penalties for failure to comply with information notices

Published on 31 July 2018. By Robert Waterson, Partner

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In Tager & Ors v HMRC [2018] EWCA Civ 1727, in allowing the taxpayers' appeals, the Court of Appeal has provided some general observations on the scope and purpose of HMRC's power to impose tax-related penalties under paragraph 50, Schedule 36, Finance Act 2008 for failures to comply with information notices issued under paragraph 1, Schedule 36, Finance Act 2008.

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Blog

Online resale price maintenance and pricing software under scrutiny

Published on 30 July 2018. By Lambros Kilaniotis, Partner and Melanie Musgrave, Senior Associate

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The imposition of fixed or minimum prices on their online retailers, in breach of EU competition law, has resulted in four consumer electronics manufacturers being fined over €111 million in total by the European Commission.

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Publication

Construction newsletter July 2018

30 July 2018

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What challenges does the construction industry face and what does the future hold?

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RPC Retail Compass 2018 Summer Edition

Published on 27 July 2018. By Nigel Collins, Partner, Head of Japan Desk

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Legal and policy changes affecting retail.

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Blog

Good news for UK share sellers - capital gains tax relief relaxed

Published on 27 July 2018. By Ben Roberts, Partner and Nigel Collins, Partner, Head of Japan Desk

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The UK's entrepreneurs' relief (ER), which is already a valuable tax relief for individual UK-resident sellers of trading companies, is about to become a little more generous.

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Blog

Investing to Innovate

Published on 26 July 2018. By Mark Crichard, Partner and Alyson Lloyd, Senior Associate

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Ocado aims to "change the way the world shops" with B2B technology offerings for retailers

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VAT update July 2018

25 July 2018

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In this month’s update we report on the alignment of the period for recovery of VAT by exempt public sector entities; new guidance concerning VAT liability on goods supplied on approval; and HMRC’s policy paper on a new regime for interest and penalties.

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Significant increases to District Court's monetary jurisdiction

25 July 2018

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Significant increases to the jurisdictional limits for civil claims in the District Court have been proposed.

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Blog

Micro-investing: from small acorns…

25 July 2018

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With the number of card payments overtaking cash for the first time, spare a thought for the piggy-banks of the nation. Where once they were full to the brim with coppers, they now lie forgotten and unused. So what are people now doing with their spare change? Not investing, it would seem…

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Blog

Allpay - Tribunal refuses HMRC permission to amend its Statement of Case and awards costs to the taxpayer

Published on 23 July 2018. By Michelle Sloane, Partner

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In Allpay Ltd v HMRC [2018] UKFTT 0273 (TC), the First-tier Tribunal (FTT) has dismissed HMRC's application to amend its Statement of Case to plead a new legal issue.

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Blog

Is a "Duty of Care" required for financial services firms?

23 July 2018

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On 17 July 2018, the Financial Conduct Authority (FCA) released DP18/5 – its discussion paper on a duty of care and potential alternative approaches. In this article we summarise the discussion paper and then examine briefly whether a new duty is required.

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Publication

Financial litigation roundup - Summer 2018 edition

20 July 2018

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Welcome to the latest edition of our financial litigation roundup. In this edition, we consider recent judgments and ongoing cases from the banking and financial world in the UK and Hong Kong, as well as legal developments across those jurisdictions.

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Publication

Non-residents and UK property

19 July 2018

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Non-UK residents owning UK real estate, whether directly or via companies, partnerships, trust arrangements or collective investment vehicles, should be aware of important UK tax changes due to take effect from April 2019.

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Blog

Accountants, auditors and actuaries beware: the FRC continues to show its teeth, as its future stands in the balance

Published on 18 July 2018. By Rachel Ford, Associate

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In widely publicised news, the Financial Reporting Council (FRC) continues to levy record high fines and has cast criticism on a number of firms. What appears to be an unforgiving stance taken by the regulator seems to come in the wake of the review into whether or not it should be disbanded, or folded into another regulatory organisation.

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Blog

"Content is fire, Social Media is gasoline" – Court of Appeal considers the challenges for interim injunctions in the digital age

Published on 17 July 2018. By Oliver Bray, Senior Partner and Georgia Davis, Legal Director

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The Court of Appeal has upheld part of an interim injunction granted to Australian sportswear company Frank Industries which restrained Nike from using the sign LDNR in its “Nothing Beats a Londoner” advertising campaign.

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Blog

Court of Appeal upholds wide exclusion clause

Published on 17 July 2018. By Tim Brown, Partner and Gill O'Regan, Senior Associate

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In its recent decision in Goodlife Foods Limited v Hall Fire Protection Limited ([2018] EWCA Civ 1371) the Court of Appeal held that a particularly broad exclusion clause in a contract relating to a fire suppression system was reasonable within the framework of the Unfair Contract Terms Act 1977.

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