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Brrr! Office chills getting you down? Why office temperature is a burning issue for business

28 January 2015

Winter has settled in across the country and found its way into our workplace. Colourful sweaters, scarves and gloves adorn the office floor.

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Blog

Injunctions: Hearsay evidence and dissipation risk considered

Published on 27 January 2015. By Geraldine Elliott, Partner

The case of JSC Bank & anor v Sergei Pugachev[1] serves as a useful reminder of the need to take care with the use of hearsay evidence and the standard and evidence required of the dissipation of assets.

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Blog

LEO's future to include Third Party complaints

Published on 26 January 2015. By Sally Lord, Senior Associate

The Office for Legal Complaints board meeting before Christmas revealed that there is potential for redress for third parties as long as complaints could be 'clearly and tightly defined'. Currently, the Legal Ombudsman will only consider complaints made by a firm's direct client.

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Blog

Compareasolicitor.com: Simples?

Published on 26 January 2015. By Sally Lord, Senior Associate

The SRA has announced that soon law firms may be featuring on comparison websites. The SRA is currently collating information about law firms for use on such websites.

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Blog

Simplified, retrospective and still inconsistent

23 January 2015

Despite laudable aims, yesterday's FCA guidance on what constitutes regulated advice was published alongside a report on the (perceived) retrospective application of rules ...

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Blog

Portfolio Transfers in 2015 - PRA Update

23 January 2015

On Wednesday, the PRA set out its approach to Part VII transfers for insurance business for the rest of 2015.

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Blog

CJEU confirms UK failed to comply with EU law by retroactively curtailing rights of taxpayers to recover tax unlawfully paid

22 January 2015

The European Commission has succeeded in obtaining a declaration from the CJEU that the UK Government failed to comply with its obligations, under Article 4(3) of the TEU, by retroactively curtailing the right of taxpayers to recover tax levied contrary to European law.

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Blog

IP Alert: Court of Appeal confirms Rihanna's image protected under the 'umbrella' of passing off

Published on 22 January 2015. By David Cran, Partner and Ben Mark, Partner

The Court of Appeal has today dismissed fashion retailer Topshop's appeal[1], confirming that Topshop's unauthorised use of an image of the famous pop star, Rihanna, amounted to passing off.

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Blog

Modified Universalism – Privy to Singular Clarification

Published on 20 January 2015. By Rebecca Wong, Senior Associate

While most jurisdictions provide liquidators with wide investigative powers to locate and realise assets locally, the exercise of such powers becomes more complicated when the assets are situated overseas.

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Publication

Annual Insurance Review 2015

16 January 2015

Landmark insurance law reform and dealing with economic recovery which remains gradual

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Blog

Annual insurance review

Published on 16 January 2015. By James Mee, Partner

I am happy to inaugurate the Corporate Insurance Hub for 2015 with RPC's annual round-up of the key legal developments in 2014. I trust you find this useful, and we look forward to keeping you informed throughout the year.

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Blog

It's just not plane sailing

14 January 2015

"The world inhabited by airlines is a glamorous one and starting your own airline has never been easier".

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Blog

HMRC Dishonesty Allegation "seriously flawed"

Published on 14 January 2015. By Kristiana Reynolds, Senior Associate

The First-tier Tribunal (Tax Chamber) ("FTT") has ruled, in Citibank NA v Revenue and Customs Commissioners[1], that HMRC's pleadings were "seriously flawed".

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Blog

FCA takes a long hard look at how insurance brokers manage the risks of bribery and corruption…

13 January 2015

Could do better, reports the Financial Crime team of the FCA on the cohort of commercial brokers who were subject to the recent thematic review on managing bribery and corruption risks (TR14/17).

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Blog

'Many eyes' approach to sanctions compliance

13 January 2015

The many eyes approach to sanctions compliance in the Lloyd's market is not just for managing agents but useful guidance for all.

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Blog

Mareva Injunctions – Substance and Form

Published on 09 January 2015.

Recent cases in Hong Kong highlight a need to exercise care when applying for a mareva (freezing assets) injunction before trial.

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Blog

Tribunal sets aside witness summonses due to misrepresentation and failure in duty to make full and frank disclosure to the Tribunal

08 January 2015

An interesting decision has recently been issued by the First-tier Tribunal (Tax Chamber) ('FTT') in connection with an application to set aside the issue of witness summonses which had been issued to two individuals who were resident in Jersey[1].

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Blog

A landmark decision for brand owners: Court rules ISP blocking orders extend to trade mark rights

Published on 08 January 2015. By David Cran, Partner and Ben Mark, Partner

The High Court [1] has recently granted Richemont a blocking order requiring the five largest ISPs in the UK to prevent access to various third party websites from advertising and selling goods which infringe Richemont's trade mark rights.

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Blog

Chickens coming home to roost: SFO's first conviction of a company for bribery after contested trial

Published on 07 January 2015. By Davina Given, Partner

Hot on the heels of the SFO's first conviction under the Bribery Act 2010, discussed in George's post, and just as some of us were disappearing for a Christmas break...

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Blog

Complaint trends for 2015

Published on 07 January 2015. By Simon Laird, Global Head of Insurance

The FOS yesterday published its 2015/16 budget consultation. In short, we can expect more of the same.

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Blog

The claimants that knew too much: High Court rules on applicability of concealment provisions in Limitation Act 1980 in competition damages claim

Published on 24 December 2014. By Chris Ross, Partner

The Arcadia Group[1] case arose in the context of ongoing damages claims brought by a number of retailers and other merchants against both Visa and MasterCard for breaches of competition law in relation to the charging of interchange fees in the Visa and MasterCard payment systems.

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Blog

Cocaine Haul Leads to Limitations on War Risk Exclusion

Published on 23 December 2014. By Hugh Thomas, Senior Associate

It is a sad fact that drug traffickers like to use ocean-going vessels to help them move their product.

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Blog

Merry Christmas from the FOS

22 December 2014

With the festive season upon us, the FOS has taken the opportunity to spread some Christmas cheer by reminding everyone of the possible problems that can arise at this time of year, including "faulty presents, storm damage, broken boilers and even a spoilt surprise."

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Blog

The beginning of the end to mis-selling claims?

Published on 22 December 2014. By Davina Given, Partner

Mis-selling of interest rate products to unsophisticated customers has been the subject of intense regulatory scrutiny, with the banks paying out over £1.5bn to around 10,000 customers in the course of the Financial Conduct Authority's Interest Rate Hedging Product Review which began in May 2013.

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Blog

Financial Reporting has received its fair share of column inches in recent weeks

Published on 18 December 2014. By Tom Lloyd, Senior Associate

Headlines have, for obvious reasons, been grabbed by issues with Tesco's financial reporting. Indeed, the fallout from the scandal is still being felt -

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Blog

Defend and submit: Challenging the jurisdiction of the Court

Published on 18 December 2014. By Jonathan Cary, Partner

A defendant who wishes to challenge the civil jurisdiction of a Hong Kong court should not file and serve a defence pending the outcome of the challenge.

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Blog

Out of the frying pan, back to a FIRE economy…

Published on 16 December 2014. By Constantine Christofi, Associate

We have just come through the 'Great Recession' where between 7 – 8% of our national GDP was wiped out and we witnessed the first true existential crisis of our current capitalist system.

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Blog

2014 – The year that was

16 December 2014

Seasonal greetings to all of our readers! 2014 has been another busy year for the RPC Tax Take team.

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Blog

How far will the FCA stretch FIT?

16 December 2014

Yesterday's Burrows final notice is a further sign that the FCA will look at the personal conduct of Approved Persons outside of their roles in financial services in order to assess their fitness and propriety.

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Blog

Occupy Central: Civil disobedience and civil remedies

16 December 2014

The "Occupy Central" movement in Hong Kong has involved large numbers of protesters occupying major roads in Hong Kong, particularly in the areas of Admiralty (on Hong Kong Island) and Mong Kok (on the Kowloon Peninsula).

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Blog

Senior insurer managers – all change!

16 December 2014

The Prudential Regulation Authority (PRA) has recently announced proposals for a new regime for "senior insurance managers", designed to reflect Solvency II governance requirements.

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Blog

Diva's trade mark fever – Rihanna bolsters brand with new applications

15 December 2014

Having already succeeded in protecting the use of her image in the English High Court Rihanna has now taken steps to broaden the protection of her brand with the filing of 12 separate trade mark applications at USPTO for the word FENTY in conjunction with other words including apparel, beauty, clothing and lingerie.

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Blog

Would you like fries with your happy deal? – Moschino and McDonalds unveil unlikely licensing deal

15 December 2014

When Italian fashion house Moschino unveiled their A/W 14 Collection it turned heads in an unlikely sector… the legal sector.

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Blog

Singapore High Court allows extension of time in collision case despite multiple opportunities to arrest.

15 December 2014

Following a collision between ORINOCO STAR and MELODY in Nigerian waters on 20 June 2011 and subsequent unsuccessful settlement negotiations between the parties, owners of the vessel MELODY issued a writ and proceeded to arrest ORINOCO STAR on 6 December 2013.

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Blog

A blue print for brand protection – CJEU approves Apple's trade mark for store layout

15 December 2014

The Court of Justice of the European Union (CJEU) has recently held in Apple Inc v. Deutsche Patent-und Markenamt that the representation of a layout of a retail store may be registrable as a trade mark under Articles 2 and 3 of the Trade Marks Directive (Directive 2008/95/EC).

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Blog

Tribunal adopts a literal interpretation of the provisions in allowing the taxpayer's appeal

11 December 2014

In Philip Shirley v HMRC, [1] the First-tier Tribunal (Tax Chamber) (FTT) concluded that a provision in a statute rewritten as part of the Tax Law Rewrite Project should be literally interpreted as the wording in question was clear and unambiguous.

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Blog

SFO makes first use of Bribery Act in prosecution for fraudulent UCIS

Published on 11 December 2014. By George Smith, Senior Associate

The SFO's recent prosecution in relation to a fraudulent UCIS ...

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Blog

SFO makes first use of Bribery Act in prosecution for fraudulent UCIS

Published on 11 December 2014. By George Smith, Senior Associate

Earlier this week three individuals were sentenced at Southwark Crown Court following the first prosecution by the SFO under the Bribery Act 2010.

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Blog

The Commercial Court assesses the power and limitations of "Chabra" jurisdiction

Published on 08 December 2014. By Adam Forster, Senior Associate

The Commercial Court has recently considered[1] that it did not have jurisdiction to grant a freezing order to assist in the enforcement of an arbitration award against subsidiaries of the first defendant, which were incorporated outside the jurisdiction and had no assets or other presence in England.

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Blog

HMRC's information notice was too vague

04 December 2014

This case saw the First-tier Tribunal (Tax Chamber) (FTT) uphold the appeal of the taxpayer against penalties imposed by HMRC for non-compliance with an information notice issued by HMRC pursuant to paragraph 1, Schedule 36, Finance Act 2008 (the Information Notice).

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Blog

Vestergaard – creating another buzz

Published on 04 December 2014. By David Cran, Partner and Louise Morgan, Senior Associate

This long-running case [1] has now reached a finale – a High Court decision on the assessment of damages, handed down in October 2014.

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Blog

Saved by the Cap: Third Party Costs Order

Published on 04 December 2014. By Tim Bull, Partner

On 30 June 2014 judgment was handed down by Mrs Justice Rose in Swynson Limited v Lowick Rose LLP (in liquidation)[2014] EWHC 2085 (Ch).

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Blog

Ensuring the end of terror?

04 December 2014

Last week, the Counter-Terrorism and Security Bill was published, so providing the detail behind Theresa May's bid to outlaw insurers from indemnifying ransom payments to terrorists.

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Blog

An uneasy contrast for the FCA – balancing commercial drive with cultural reform

03 December 2014

Yesterday's speech delivered by Martin Wheatley has reinforced the FCA's increasingly more collaborative approach to its engagement with financial services firms.

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Blog

Entitlement to inheritance claim not within the "wills and succession" exclusion under Article 1(2) of the "Brussels I" Regulation on jurisdiction and enforcement

03 December 2014

The High Court has recently dismissed a tortious claim[1] for conspiracy to deprive the claimant of inheriting her late father's shares on the basis that it had no real prospect of success.

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Blog

Putting all your eggs in one frozen basket

02 December 2014

Doggy day-care, unlimited holidays, and personal trainers – some companies offer their lucky employees perks which see the rest of us stare into our pre-eight-thirty porridge in a jealous rage.

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Blog

HMRC mislead appellants into believing they have a remedy in the Tribunal in contractual settlement dispute

Published on 28 November 2014. By Kristiana Reynolds, Senior Associate

In Morris and another v HMRC,[1] the First-tier Tribunal (“the FTT”) has confirmed that it does not have jurisdiction to determine a dispute relating to the correct valuation of assets which were the subject of a contractual settlement with HMRC.

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Blog

Broker M&A –how far does your indemnity go?

Published on 28 November 2014. By Jonathan Charwat, Senior Associate

A recent case in the High Court has demonstrated how a court may construe a contractual indemnity in the context of broker M&A.

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Blog

Threats in the spotlight

Published on 27 November 2014. By Jeremy Drew, Partner and Georgia Davis, Legal Director

Threats provisions remain an area of great interest and debate for many intellectual property specialists and the recent case of Cassie Creations Limited v Simon Blackmore and Mirrorkool Limited [2014] EWHC 2941 has again placed threats and their commercial application into the spotlight.

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