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FCA blows the starting whistle on new rules

Published on 08 October 2015. By Emma Griffiths, Senior Associate and Joanna Holford, Senior Associate

The FCA and PRA have introduced new rules to build on and formalise the good practice already found in the whistleblowing procedures of large UK-based banks, building societies*, investment firms and insurers.

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Sending out an SOS

08 October 2015

Britain's second-biggest steelmaker Sahaviriya Steel Industries UK (SSI UK) announced late last month that its Redcar plant is to be mothballed or closed, with the loss of at least 1,700 jobs.

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EU court declares 'safe harbor' data-transfer agreement invalid

07 October 2015

Gray tint 4

The Court of Justice of the EU (CJEU) has declared that the "Safe Harbor" framework agreement cannot be relied upon to justify transfers of personal data from the EU to the US.

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Publication

Employment update, September 2015

07 October 2015

HR assistance in disciplinary procedures: how much is too much?

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Tribunal finds HMRC's information notice to be invalid

Published on 07 October 2015. By Adam Craggs, Partner

In PML Accounting Limited v HMRC[1], the First-tier Tribunal (FTT) has found that a taxpayer information notice was invalid, as HMRC should have issued a third party information notice.

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EU Court declares 'Safe Harbor' data-transfer agreement invalid

07 October 2015

Untinted 4

The Court of Justice of the European (CJEU) has declared that the "Safe Harbor" framework agreement cannot be relied upon to justify transfers of personal data from the EU to the US.

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The responsibilities of SIPP administrators and trustees for investments – where are we now?

Published on 05 October 2015. By Rachael Healey, Partner

The Pensions Ombudsman has published a decision rejecting a complaint made against a SIPP administrator in relation to the suitability of investments held within a SIPP.

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Blog

High Court guidance on the admissibility of expert evidence

Published on 05 October 2015. By Tim Brown, Partner

British Airways has succeeded in partly overturning the decision of a Deputy Master who refused BA permission to adduce expert evidence in litigation against the trustees of one of its defined benefit pension schemes.

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Do you know you're being tracked?

Published on 05 October 2015. By Oliver Bray, Partner

Do you own a smart phone? Do you always have WiFi enabled? If your answers to both these questions are yes, your movements were most probably tracked on your way into work today.

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Publication

Tax update

01 October 2015

Follower Notices and APNs – new Guidance issued by HMRC

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Blog

Shining a light on the journey from baseline to brilliance

01 October 2015

In my blog last week I talked about the "thirds rule of good conferences" as preached by seasoned GC Bruce Macmillan:

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Blog

ENE Dream Will Do

Published on 01 October 2015. By Philip McCormack, Associate

A host of case management powers is available to the Court by virtue of CPR 3.1.

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Blog

IP Crime Report 2014-2015

Published on 30 September 2015. By Ben Mark, Partner

According to the "IP Crime Report 2014/2015" published by the national IP Crime Group, the Border Force detained over 1.6 million infringing items over the reporting year, with an "if genuine" retail value in excess of £56 million.

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Blog

FCA fines finance director for failing to blow the whistle

30 September 2015

Approved persons should be open and co-operative with their regulators, as highlighted by the FCA's recent enforcement action against Craig McNeil, former Keydata finance director.

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Tribunal considers jurisdiction in relation to 'special relief' and allows taxpayer's appeal

Published on 30 September 2015. By Nicole Kostic, Senior Associate

In James Ronaldson Scott v HMRC[1], a case in which the taxpayer appealed HMRC's refusal to grant "special relief" under paragraph 3A, Schedule 1AB, Taxes Management Act 1970 (TMA 1970) ...

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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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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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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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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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