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The Recast Brussels Regulation – considering exclusions

Published on 21 March 2016. By Amelia Payne, Associate and Simon Hart, Partner

The High Court has recently considered jurisdictional issues relating to a claim concerning the claimants' entitlement to certain shares held by the deceased businessman, Sami Shamoon.

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Blog

Supreme Court sends Trunki packing for good

Published on 21 March 2016. By Jeremy Drew, Partner

In the latest instalment of the ongoing saga involving the Trunki case, the Supreme Court has unanimously dismissed the appeal filed by Magmatic.

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Blog

Global Real Estate Transactions to Hit $1tn by 2020

21 March 2016

According to a new report released on 15 March by JLL, the global ageing population will drive real estate transaction volumes over $1tn (£704bn) globally by 2020, up from $700bn (£484bn) in 2015.

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Blog

It can still be too late – Denton re-visited

Published on 18 March 2016. By Jonathan Wyles, Legal Director

The Court of Appeal in British Gas Trading Ltd v Oak Cash & Carry Ltd [2016] EWCA Civ 153 has reminded all solicitors that Court Orders are there to be complied with, and dire consequences can still follow if they are breached, despite the more generous guidance given in Denton v TH White Ltd [2014] EWCA Civ 906.

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Blog

Insurance Block Exemption: does EC report signal beginning of the end?

Published on 18 March 2016. By Lambros Kilaniotis, Partner and Melanie Musgrave, Senior Associate

With just over a year to go before the current Insurance Block Exemption is due to expire (its expiry date is 31 March 2017), the European Commission has just published its Report on the Block Exemption's application.

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Blog

Banker bashing: the end of an era?

18 March 2016

Ever since George Osborne's Mansion House speech in June 2015, commentators have been queuing up to argue that "banker bashing" is coming to an end.

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Blog

Pirates and popcorn: rise of site-blocking injunctions in EU

Published on 18 March 2016. By David Cran, Partner and Ben Mark, Partner

Whilst obtaining blocking injunctions against internet service providers (ISPs) have become an established practice in the UK, particularly within the film and music industry, the position is less clear cut elsewhere in the EU.

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Blog

The UK housing crisis: a problem for businesses?

Published on 16 March 2016. By Eliot Henderson, Associate

The UK is in the midst of a housing crisis. But should businesses care? And what, if anything, can they do about it?

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Blog

High court grants summary judgment against HMRC in FII Group Litigation claims

Published on 16 March 2016. By Alexis Armitage, Associate

In the recent case of Evonik Degussa UK Holdings Ltd & Ors v Revenue And Customs [2016] EWHC 86 (Ch), the High Court granted a number of claimants summary judgment in relation to part of their claims in the Franked Investment Income Group Litigation (FII Group Litigation).

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Blog

Brokers' block notification guidance provided by the Court

14 March 2016

The Court has provided guidance on making block notifications to PI insurers, in a key area relating to broker's professional liability exposure.

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Blog

Agreement to submit to a foreign jurisdiction: Can it be implied or inferred?

Published on 14 March 2016. By Alexis Armitage, Associate and Davina Given, Partner

In Vizcaya Partners Ltd v Picard and another, the Privy Council recently held that an agreement to submit to the jurisdiction of a foreign court can arise through an implied term but there must be actual agreement (or consent).

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Blog

Mind the gap: FAMR report is light on de-regulation

Published on 14 March 2016. By Esme Watson, Associate

Following its launch in August 2015, the Financial Advice Market Review (FAMR) has this morning published its final report.

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Blog

Reporting on gender pay: top tips on building an internal swat team

Published on 11 March 2016. By Kelly Thomson, Legal Director

Paving the road to transparency over the gap in gender pay, the Government continues to push forward with its plan to make it mandatory for organisations with over 250 employees to publish the disparity between what women and men are paid.

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Publication

Multiple adjudications - how many adjudicators?

11 March 2016

Obtain consent or use different adjudicators

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Blog

UT confirms interim permission lapses on FCA decision to refuse authorisation

11 March 2016

Firms still waiting for their regulatory approval of a full consumer credit licence should not be particularly surprised at the recent decision of the Upper Tribunal:

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Blog

Block Notifications and Robo-advice

Published on 11 March 2016. By Matthew Watson, Associate

The recent case of Ocean Finance & Mortgages Ltd v Oval Insurance Broking Ltd provides useful guidance on the often contentious issue of making block notifications to PI insurers.

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Blog

Tax treatment of insurance SPVs – a cure for all ILS?

Published on 09 March 2016. By Ben Roberts, Senior Associate

On 1 March 2016 the UK government published a consultation document on a new regulatory, corporate and tax framework for insurance linked securities (ILS) business.

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Blog

Tribunal quashes HMRC's decision to require security from the taxpayer

09 March 2016

In Half Penny Accountants Ltd v HMRC [2016] UKFTT 45 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal and quashed HMRC's decision to require security from the taxpayer.

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Video

Changes to data protection regulation – what could it mean for you?

07 March 2016

The new General Data Protection Regulation fundamentally rewrites the way data processing happens across the EU. Hear more from Olly Bray.

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Video

Group litigation in medical and life sciences

07 March 2016

Dorothy Flower talks about the impact of the "nocebo" effect on group litigation in the UK.

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Publication

Supreme Court hurts employers on vicarious liability

07 March 2016

Cox v Ministry of Justice (2016) and AM Mohamud v WM Morrison Supermarkets plc (2016)

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Blog

Urban Land Institute publishes Second Edition of acclaimed Build to Rent Guide

07 March 2016

Last week the Urban Land Institute published a Second Edition of its acclaimed Build to Rent Guide - hailed by some in the market as a "Bible" for the PRS industry.

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Blog

It's the little things - marginal gains for achieving maximum success

04 March 2016

Marginal gains in sport. Nothing new in 2016 perhaps, but it was revolutionary back in 1998 when the British men's rowing eight set out to improve on a dismal run of performances with a goal to win gold at the Sydney Olympics in 2000.

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Blog

It's the little things – marginal gains for achieving maximum success

04 March 2016

Marginal gains in sport. Nothing new in 2016 perhaps, but it was revolutionary back in 1998 when the British men's rowing eight set out to improve on a dismal run of performances with a goal to win gold at the Sydney Olympics in 2000.

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Publication

Clarifying block notification feels ripples

03 March 2016

Judgment in this case was handed down at the beginning of February 2016.

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Blog

CMC fees: money for nothing?

03 March 2016

Do regulated Claims Management Companies charge too much in fees for consumers making financial services claims? The Ministry of Justice wants your views.

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Publication

Tax update

02 March 2016

DOTAS: New regulations on hallmarks

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Video

The Insurance Act – what are the five biggest changes to the current law?

01 March 2016

James Wickes – a partner in our Insurance Group – tells us why it's very much in vogue to be an insurance lawyer these days.

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Publication

Health and safety law update

01 March 2016

HSE to prosecute Merlin Attractions Operation Ltd over Alton Towers “Smiler” incident

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Blog

FCA may not be value for money, says NAO

01 March 2016

The National Audit Office has reported its findings on the roles and effectiveness of the FCA, FOS and the FSCS in the management of mis-selling cases.

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Blog

Time lost may never be found again

Published on 01 March 2016. By Alan Williams, Partner and Geraldine Elliott, Partner

The decision in Medhi Khosravi v British American Tobacco plc [2016] EWHC 123 (QB) provides a useful reminder that it can be a risky strategy to seek extensions of time for service of a claim which has already been issued. Such extensions should not be granted lightly, and might be set aside at a later date.

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Blog

Discovery Assessments and the 'hypothetical officer'

Published on 01 March 2016. By Adam Craggs, Partner

The following is taken from an article originally published in Tax Journal on 26 February 2016.

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Blog

Comic Enterprises feel gleeful after CofA upholds trade mark infringement

Published on 01 March 2016. By David Cran, Partner and Louise Morgan, Senior Associate

This recent hearing is the latest instalment in the "Glee" trade mark dispute between Comic Enterprises and Twentieth Century Fox.

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Blog

Brexit - five key points all top GCs and in-house lawyers should consider

29 February 2016

So the date is set and David Cameron, George Osborne and Teresa May are fronting one team in the "Euro - vision song and dance competition" with Boris Johnson and Michael Gove leading the other one.

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Blog

Down in Flame(s)

29 February 2016

What is the value of money? In a recent Commercial Court decision, it was held that the right to redirect the payment of money (or to give it away) is as valuable as the right to have the money paid into one's own bank account.

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Blog

A liability perspective: what would Brexit mean for financial advisers?

Published on 26 February 2016. By Simon Laird, Global Head of Insurance

You cannot pick up a paper or check the news without seeing some reference to Brexit and the case for either staying in or leaving the Euro zone.

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Publication

Some holiday pay reading

26 February 2016

A new decision on holiday pay and commission.

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Blog

HMRC escapes strike out notwithstanding its unreasonable behaviour in failing to comply with directions issued by the Tribunal

26 February 2016

In the recent case of PGPH Limited v HMRC [2016] UKFTT 46 (TC), the First-tier Tribunal (FTT) declined to exercise its powers under Rule 8 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (the Rules), to strike out HMRC's case following HMRC's failure properly to comply with a direction issued by the FTT.

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Publication

VAT update

25 February 2016

Commission publishes an Action Plan on VAT

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Blog

A (bright) green light for predictive coding in English litigation

Published on 24 February 2016. By Dan Wyatt, Senior Associate and Simon Hart, Partner

A recent interlocutory judgment in Pyrrho Investments Limited & Anr -v- MWB Property Limited & Ors [2016] EWHC 256 (Ch) endorses, for the first time, the use of predictive coding when conducting disclosure in English civil proceedings.

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Blog

Court of Appeal considers "agreements to agree"

Published on 23 February 2016. By Tim Brown, Partner

The Court of Appeal has addressed a number of issues typically encountered in disputes relating to the sale of goods in Hughes v Pendragon.

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Blog

Under-settlements – what factors does the Court take into account

Published on 22 February 2016. By Rachael Healey, Partner

In Dunhill v W Brook and Co and Crossley a damages claim was brought against solicitors and counsel for under-settling a personal injury claim.

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Blog

Adviser due diligence thematic review report short and not to the point

19 February 2016

There's an irony in a report on due diligence being, in effect, just 2 pages long. The FCA's thematic review report today tells us more by what it doesn't say. What might DD stand for?

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Blog

One man's loss is another man's gain: choice of law rules for unjust enrichment claims

Published on 19 February 2016. By Davina Given, Partner

Green tint 1

In a recent case,[1] the English Commercial Court has determined that a claim in restitution based on unjust enrichment was governed by English law pursuant to EU Regulation 864/2007 (Rome II) and not the law of Geneva.

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Blog

TerraLex Cross-Border Copyright Guide 2016

Published on 19 February 2016. By Paul Joseph, Partner and Jeremy Drew, Partner and David Cran, Partner

We are delighted to present our Cross-Border Copyright Guide 2016.

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Blog

High Court dismisses judicial review challenge to HMRC's decision to restrict the availability of the Liechtenstein disclosure facility

Published on 18 February 2016. By Alexis Armitage, Associate

In R (on the application of City Shoes Wholesale Ltd) v Revenue & Customs Commissioners [2016] EWHC 107 (Admin), the High Court rejected an application for judicial review of HMRC's refusal to grant the nine claimants, all of whom had operated employee benefit trusts (EBTs), the full benefits of the Liechtenstein disclosure facility (LDF).

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Publication

Take priority but be reasonable

17 February 2016

On 20 January 2016, Mr Justice Edwards-Stuart handed down his judgment on preliminary issues in Commercial Management (Investments) Limited v (1) Mitchell Design and Construct Limited, and (2) Regorco Limited1

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Blog

Let's call it quits: Cruise ships, capital losses and mitigation

Published on 17 February 2016. By Jake Hardy, Legal Director

In its recent judgment in Fulton Shipping Inc of Panama –v- Globalia Business Travel SAU the Court of Appeal considered a short, but important, point of law in relation to the calculation of damages in English law.

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Blog

At last – the long-awaited price drop in Hong Kong's residential properties?

Published on 17 February 2016. By Adrian Chang, Associate

As with many of the developed cities in the world, Hong Kong faces the phenomenon of a soaring residential property market.

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Blog

Solicitors can owe a limited duty of care to third parties

Published on 16 February 2016. By Sally Lord, Senior Associate

In Caliendo v Mischon de Reya, the Court found that a firm of solicitors had not been retained, either expressly or impliedly, to represent the majority shareholders in respect of the sale of their shareholding in a football club.

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