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Publication

Is time up for claims against valuers?

29 September 2015

Assessing the point at which a cause of action accrues in a claim against a valuer is a difficult task, not least because of the lack of judicial guidance on the issue.

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Blog

Repudiatory breach implicitly excluded in multi-party LLP agreements

Published on 29 September 2015. By Geraldine Elliott, Partner

In the recent decision of Flanagan v Liontrust Investment Partners LLP and others[1] the High Court held that the doctrine of repudiatory breach is excluded in multi-party limited liability partnership agreements ...

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Blog

Is Titan Steel rusting?

29 September 2015

The definition of a 'private person' who can bring a court claim for breach of FCA rules may be extended after a potentially very significant development in the MTR Bailey v Barclays case.

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Blog

Tracing Mr Maluf's millions

Published on 28 September 2015. By Alan Williams, Partner and Tim Brown, Partner

The recent Privy Council decision in Federal Republic of Brazil and another v Durant International Corporation and another upholding a Jersey Court of Appeal judgment provides guidance on the approach the English Courts may now take to backwards tracing.

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Publication

General liability update

28 September 2015

Defending a claim for breach of Occupiers’ duty – A bridge too far?

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Blog

EU Consultation on standards for a Digital Single Market

Published on 24 September 2015. By Sarah Hill, Legal Director

On 23 September 2015, the European Commission launched a public consultation on information and communications technology ("ICT") standards for creation of a Digital Single Market.

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Publication

Commercial disputes and regulatory – Hong Kong

23 September 2015

Faceless fraud – scams in an online world

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Publication

VAT update

23 September 2015

Supreme Court to consider VAT “restitution” claims

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Blog

Taxpayer succeeds in research and development claim

23 September 2015

In Monitor Audio Ltd v HMRC[1], the First-tier Tribunal (FTT) has allowed the taxpayer's appeal, concluding that research and development (R&D) tax deductions were available to it under section 1044, Corporation Tax Act 2009 (CTA 2009).

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Blog

Smarter thinking from your travel companion on the journey from Baseline to Brilliance

23 September 2015

For most of us, by the time that we get to our mid-30s, much of the desired general direction of our professional life has been set –

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Publication

Insurance Act 2015

23 September 2015

Amendment to include Law Commission’s proposals on damages for late payment of claims

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Publication

VW emissions rigging scandal- Insurance exposure

23 September 2015

Insurance exposures

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Blog

Update: 'The Catalyst effect' - does the buck stop with the Upper Tribunal?

22 September 2015

I recently blogged on the Upper Tribunal's judgment on the case of Roberts and Wilkins v FCA.

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Blog

Privilege - the Hong Kong courts giveth back what the English Courts hath swept away in Three Rivers

Published on 21 September 2015. By Jonathan Cary, Partner

Introducing a healthy dose of common sense, the Hong Kong courts have rejected the English Court of Appeal's restrictive approach to legal advice privilege in Three Rivers (No5) and adopted a broader and more practical "dominant purpose" test.

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Blog

Hope in Hell: Defamatory references to a law firm removed from SolicitorsFromHellUK.com

Published on 18 September 2015. By Claire Revell, Senior Associate

This week's High Court decision ordering the removal of defamatory statements from a website which 'exposes' solicitors and other lawyers may come as some relief to members of the legal profession.

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Blog

Final appeal serves up sushi

Published on 17 September 2015. By Rebecca Wong, Senior Associate

In the past decade or so sushi has become increasingly popular – both in Hong Kong and globally.

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Blog

Litigation privilege under the spotlight

Published on 17 September 2015. By Caroline Shiffner, Senior Associate

A Claimant's application for an injunction against the use in litigation of unhelpful pre-application planning advice he had obtained from a local planning authority was dismissed by John Jarvis QC sitting as a deputy High Court Judge.

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Blog

Tribunal finds HMRC's actions unconscionable

Published on 16 September 2015. By Robert Waterson, Partner

In John Clark v HMRC[1], the First-tier Tribunal (FTT) has found that special relief, in terms of paragraph 3A, Schedule 1AB, Taxes Management Act 1970 (paragraph 3A), ought to have been granted to a taxpayer who suffered from serious learning difficulties.

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Blog

Update: IT Suppliers beware! Your right to terminate on a customer insolvency is changing…

16 September 2015

In September 2013 we reported on the Enterprise and Regulatory Reform Act 2013 which provided the Government with the power to extend the law regarding the supply of essential services to insolvent customers.

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Blog

Planning for a vote in favour of Brexit

15 September 2015

Recent events have brought into much sharper focus a question that in truth financial services firms should have been asking for some time - what are the implications if the UK votes to leave the EU in the forthcoming referendum?

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Blog

New FCA handbook and FS register: Welcome to 21st Century

11 September 2015

The FCA has updated and consolidated its Handbook and FS register.

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Blog

New FCA handbook and FS register: Welcome to the 21st Century

11 September 2015

The FCA has updated and consolidated its Handbook and FS register.

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Blog

Damages for repudiation of a voyage charter

11 September 2015

The compensatory principle explored The High Court of England & Wales has reviewed the application of the standard compensatory principle in common law to voyage charters repudiated by their charterers, in an appeal from an arbitral Award[1].

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Blog

Think long and hard before withdrawing your appeal

10 September 2015

In Rolls Group & Others HMRC[1], the First-tier Tribunal (FTT) has refused to reinstate VAT appeals, pursuant to an application made under Rule 17(3) of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 (the Rules), many months after withdrawal of their appeals.

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Blog

Pension freedoms - the 5 month report card

Published on 10 September 2015. By Rachael Healey, Partner

As children head back to school, what would the pension freedoms' report card look like 5 months in from the April reforms?

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Blog

Risk of AML own goals from football transfers

08 September 2015

European football's summer transfer window closed last week.

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Blog

Otkritie and the "Aldi requirement"

Published on 07 September 2015. By Jake Hardy, Legal Director

The judgment in Otkritie –v- Threadneedle examined the interplay between the "Aldi requirement" ...

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Blog

Facing the cold splash of reality and mandatory reporting on the gender pay gap: what's next for UK employers?

Published on 07 September 2015. By Kelly Thomson, Legal Director

As one of Enid Blyton's characters in Five Have a Mystery to Solve, exclaimed:

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Blog

Court of Appeal rules on limitation and concealment in competition damages claim

Published on 04 September 2015. By Chris Ross, Partner and Andy McGregor, Head of Civil Fraud

In the recent decision of Arcadia Group Brands Ltd & Ors v Visa Inc & Ors[1] ...

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Publication

Corporate tax update

04 September 2015

Welcome to the latest edition of our corporate tax update, written by members of RPC’s Tax team and published quarterly. In this edition we highlight some of the key tax developments of interest to UK corporates from the second quarter of 2015.

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Blog

Marine Insurance: Current Good Faith Rules Continue To Cause Blot On The Landscape?

Published on 04 September 2015. By Iain Anderson, Partner

We have less than twelve months until insurance contracts written under English law will be subject to the new provisions of the English Insurance Act 2015.

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Publication

Tax update

03 September 2015

Bequeathing DOTAS

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Blog

Success for taxpayer before the Supreme Court in pension scheme case

Published on 03 September 2015. By Nicole Kostic, Senior Associate

In John Mander Pension Scheme Trusts Limited v Commissioners for Her Majesty's Revenue and Custom's [1], the Supreme Court has allowed the appellant's appeal ...

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Blog

Time is running out… clarity on time bar at FOS?

03 September 2015

New DISP pro forma final response language seems to allow firms to be more confident when time barring complaints.

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Blog

Time is running out… clarity on time bar at FOS?

03 September 2015

New DISP pro forma final response language seems to allow firms to be more confident when time barring complaints.

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Blog

MEES: The legal implications

02 September 2015

The Minimum Energy Efficiency Standards regulations (MEES) will implement legislation that could make the potential benefits of "being green" tangible.

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Blog

Article 29 Working Party keeps up the pressure on data reform discussions

02 September 2015

Gray tint 4

The EU data protection reform package has entered its decisive phase. The first trilogue between the European Parliament, the European Commission and the Council of Ministers began on 24 June 2015 but, even at this late stage, there are many key concepts still to be finalised.

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Blog

September 2015- New GAP Insurance Rules out

28 August 2015

On 1 September, new rules on GAP insurance come into force.

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Blog

Regulatory censure of the Co-op really does send a message

28 August 2015

The FCA and PRA jointly censured The Co-operative Bank plc for various regulatory breaches.

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Publication

VAT update

27 August 2015

HMRC Brief 10/2015 clarifies VAT treatment of direct marketing supplies using printed matter

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Publication

FX market manipulation claims: ongoing developments

27 August 2015

Recent settlements give impetus to claims

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Blog

Searching Requirements when applying for Search Warrants

Published on 27 August 2015. By Robert Waterson, Partner

Purple tint 1

The Divisional Court (Davis LJ and Hickinbottom J) has confirmed, in [2015] EWHC 1283 (Admin), that state agencies applying for search warrants have a duty to make full disclosure to the court and the court should take an inquisitive approach when considering any such application.

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Blog

The Catalyst effect: ping pong between the FCA and Upper Tribunal?

21 August 2015

The recent judgment of the Upper Tribunal in relation to the conduct of two directors of Catalyst Investment Group Limited serves as a reminder to those working in the financial services sector about the potential ramifications for individuals should consumers be misled.

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Publication

Tianjin explosions leave insurers exposed to claims

21 August 2015

On 12 August 2015, multiple explosions occurred in the Chinese city of Tianjin, a major industrial port and goods gateway to Beijing.

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Blog

Transparency by design – putting FOIA at the forefront of public sector outsourcing contracts

20 August 2015

Earlier this year, the Information Commissioner's Office (ICO) published a guidance document recommending some steps for public authorities (Authorities) to take when entering into outsourcing arrangements to help them comply with their freedom of information obligations.

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Blog

Taxpayer's application to have HMRC's winding-up petition dismissed fails due to lack of evidence

Published on 19 August 2015. By Adam Craggs, Partner

In Winnington Networks Communications Ltd v HMRC[1], the Chancery Division Companies Court (Nicholas Le Poidevin QC) refused the taxpayer company's application to have HMRC's winding-up petitions dismissed ...

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Blog

Modern slavery – what will you be declaring from this October onwards; and how will you be ensuring that actions and words align?

19 August 2015

Much of the news of the last couple of weeks has been dominated by the migrant situation in Calais and the knock-on effect this side of the tunnel.

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Blog

Court confirms its wide discretionary power to extend time in consent orders

Published on 18 August 2015. By Geraldine Elliott, Partner

In Safin (Fursecroft) Limited v The Estate of Dr Said Ahmed Said Badrig (Deceased)[1], the Court of Appeal considered the principles that apply to an application for extension of time for compliance with obligations set out in a consent order.

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Blog

Reminder: new GAP insurance rules in force from 1 September 2015

18 August 2015

The FCA's new rules on the sale of Guaranteed Asset Protection (GAP) insurance will come into force in a fortnight's time on 1 September 2015.

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Blog

Service charge interpretation and the cautionary tale of Arnold v Britton

17 August 2015

In the recent case of Arnold v Britton[1], the Supreme Court considered the meaning of a service charge clause in a long lease which would result in the tenant paying service charges of over £550,000 per annum by 2072.

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