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Publication

General Liability update, January 2017

Published on 18 January 2017. By Gavin Reese, Partner

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In this issue we consider how Insurers might secure the evidence needed to defend long-tail disease claims, with the collateral benefit of reducing the risk of more immediate prosecution by the Health and Safety Executive for non-compliance with Health and Safety Regulations.

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Blog

Tribunal refuses to allow HMRC to rely upon section 114 TMA to cure its mistakes

Published on 18 January 2017. By Michelle Sloane, Partner

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In Chartridge Developments Limited v Revenue and Customs Commissioners [2016] UKFTT 766, the First-tier Tribunal (FTT) allowed (in part) the taxpayer's appeal against penalties imposed for late filing of annual tax on enveloped dwellings (ATED) returns under section 161(3), Finance Act 2013, and refused to allow HMRC to rely upon section 114 Taxes Management Act 1970 (TMA).

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Blog

Insurance Companies and the Modern Slavery Act

Published on 17 January 2017. By Jonathan Charwat, Senior Associate

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As the new financial year is soon to arrive, companies will soon have to file their Slavery and Human Trafficking (SHT) statements. RPC has previously written about their general applicability and now will examine its impact on insurance companies.

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Blog

Tribunal finds for the taxpayer in "income" versus "capital" payment dispute

Published on 11 January 2017. By Robert Waterson, Partner

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In James Allan Thornton v HMRC [2016] UKFTT 767 (TC), the First-tier Tribunal (FTT) considered the distinction between income and capital payments in the context of a settlement relating to rental property and held that a settlement payment made to a landlord as compensation for dilapidations to his property was a capital receipt.

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Blog

Sugar tax: a sweet deal?

Published on 10 January 2017. By George Barratt, Associate

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The government is trying to curb the nation's sweet tooth this new year, with plans to introduce a new levy on sugary drinks.

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Publication

Annual Insurance Review 2017

Published on 09 January 2017. By Simon Laird, Global Head of Insurance

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Last year we identified the standout insurance law event of 2015 as the impending introduction of the Insurance Act 2015. Little did we anticipate the tumultuous events of 2016 that would shake up the global economic markets as a whole.

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Blog

Garden Villages - are they necessary?

09 January 2017

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A recent Government announcement has proposed 14 sites across England to be the first garden villages, with 3 further sites to be new garden towns. But with a country full of deserted and derelict buildings, are garden villages and towns the only way forward?

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Publication

Draft Finance Bill 2017 - partial closure notices

Published on 06 January 2017. By Adam Craggs, Partner

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Tax analysis: we welcome the new rules on partial closures of tax enquiries and point out that the inflexibility in the current enquiry framework can lead to complex or multi-issue tax disputes taking an excessive amount of time to be resolved.

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Publication

Draft Finance Bill 2017—off-payroll working in the public sector

Published on 05 January 2017. By Michelle Sloane, Partner

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Tax analysis: Adam Craggs, partner at RPC, and Michelle Sloane, senior associate at the firm, explain the reformed off-payroll rules for public sector engagements under the Finance Bill 2017.

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Blog

Policing the internet - an age old problem

Published on 05 January 2017. By Joseph Byrne, Associate

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Porn, violence, gambling – how we deal with these taboos of the digital age is a big question, and one which the UK government has started to tackle.

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Blog

Peer review: FCA signals tighter regulation for P2P lending platforms

Published on 03 January 2017. By Matthew Wood, Senior Associate

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The FCA has indicated its intention to apply more stringent regulation to the UK's booming peer-to-peer lending sector, amid concerns that increasingly sophisticated lending platforms are outgrowing the current regulatory regime.

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Blog

Upper Tribunal confirms that right to make VAT repayment claims belongs to representative member of VAT Group

Published on 03 January 2017. By Michelle Sloane, Partner

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In HMRC v MG Rover Group Limited; Standard Chartered PLC v HMRC [2016] UKUT 434, the UT has confirmed that section 43, Value Added Tax Act 1994 (VATA) required repayment rights under section 80, VATA, to be held only by the representative member both before and after they have left the group or the group has been dissolved.

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Blog

GMAC (UK) Plc – Court of Appeal finds VAT bad debt relief provisions incompatible with EU law

Published on 29 December 2016. By Michelle Sloane, Partner

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In HMRC v GMAC (UK) Plc [2016] EWCA Civ 1015, the Court of Appeal has held that the UK's legislation, which barred bad debt relief claims unless the debtor was insolvent and the property in the goods had passed, was incompatible with EU law.

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Publication

Court of Appeal applies Wellesley to a claim against lawyers

22 December 2016

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On 21 December 2016 Lord Justice Jackson and Lord Justice Patten overturned a loss of chance judgment for £2m against lawyers on the grounds that the damage was too remote.

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Blog

Another meander through Three Rivers (No 5): the scope of legal advice privilege

Published on 22 December 2016. By Parham Kouchikali, Partner

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The High Court rejected RBS' claim that interview notes taken by the bank and its external lawyers in the course of two internal investigations were privileged.

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Blog

Filling gaps: Implied terms in contracts

Published on 22 December 2016. By Tim Brown, Partner

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The Court of Appeal has held that where a contract would, on its face, be unenforceable because the parties failed to agree an essential term, the missing term cannot be implied.

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Blog

Trainees Take on 2016: A Year in Review

Published on 22 December 2016. By Sophie Tuson, Associate

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Placing a £10 bet on Donald Trump, Brexit and Leicester City winning the Premier League this year would have made you a millionaire… 30 times over.

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Blog

Football agent scores a victory in loss of a chance case

Published on 21 December 2016. By Christopher Whitehouse, Senior Associate and Tom Hibbert, Global Head of Commercial Disputes

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The Court of Appeal upheld the appeal of a licensed football agent who alleged Sports and Entertainment Media Group had induced a professional footballer to breach an agency contract with him, which had deprived him of the fee he would have earned.

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Blog

Biffin - Court grants injunction preventing HMRC from enforcement action

Published on 21 December 2016. By Constantine Christofi, Senior Associate

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In Biffin Limited and Others v HMRC [2016] EWHC 2926 (Admin), the High Court has granted the taxpayers an injunction prohibiting HMRC from commencing enforcement action in respect of alleged tax liabilities.

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Blog

"It's privileged" – is not enough! High Court orders a full list of each document over which a claim to privilege is asserted

Published on 20 December 2016. By Alexis Armitage, Associate and Davina Given, Partner

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The High Court held that a defendant's claim to privilege in respect of communications between employees and in-house counsel went too far. It ordered the defendant to provide a full list of each document over which the defendant asserted a claim to privilege, together with an explanation of the nature of the privileged claimed.

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Blog

The Twelve "Laws" of Christmas

Published on 20 December 2016. By Harriet Evans, Associate

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With the festive season upon us, we take a look at twelve "laws" and determine their legality with a festive twist.

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Publication

Health and safety law update, December 2016

Published on 19 December 2016.

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Welcome to the December issue of our Health & Safety law update.

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Blog

ECON scrutinises EBA's approach to RTS under PSD2

19 December 2016

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The EBA Chair has recently appeared before ECON to explain the EBA's approach to the development of RTS on strong customer authentication and secure communications under PSD2, and to answer concerns raised by the committee and others about these RTS.

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Blog

3 Rivers (No5) floods back to potentially drown legal advice privilege?

Published on 19 December 2016. By Emma Griffiths, Senior Associate

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A crisp and narrow focus, of particular relevance to US and financial services companies, has just been placed on the terms client, legal advice and lawyers' working papers by two recent first instance cases that have applied the decisions made in 3 Rivers (No5)

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Blog

Who is going to pay? FCA launches consultation on the funding of the FSCS

Published on 16 December 2016. By Lucy Joyce, Senior Associate

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The FCA's consultation follows on from FAMR and focuses on how the FSCS should be funded going forward.

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Publication

Life Sciences, December 2016

Published on 16 December 2016. By Dorothy Flower, Partner

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Welcome to our final Life Sciences update of 2016. In this edition we cover Wilkes v DePuy (the recent judgment that deals with medical products liability and is a boost for defendants), the Brexit debate continued, fitness trackers making people unfit and insurers and manufacturers preparing for the outbreak of rare diseases.

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Publication

Supreme Court considers the application of SAAMCo to claims against lawyers

Published on 15 December 2016. By Nick Bird, Partner

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The test for remoteness of damage in claims against lawyers is going to be examined today and tomorrow by the Supreme Court. The justices hearing the appeal include the president Lord Neuberger together with Lord Mance, Lord Clarke, Lord Sumption and Lord Hodge.

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Blog

Court of Appeal confirms criminal offences cover the sale of "grey" goods

Published on 15 December 2016. By David Cran, Partner

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The Court of Appeal (Criminal Division) has recently confirmed that the sale of "grey" goods can be a criminal offence under the Trade Marks Act 1994 (TMA).

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Blog

Confidential information "oiled" progress of new product development

Published on 14 December 2016. By Louise Morgan, Senior Associate and David Cran, Partner

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When is information confidential? A recent case gave cause for the English High Court to clarify.

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Snapshot

Contract formation - Electronic signatures: New Law Society practice note

13 December 2016

The Law Society has issued a new practice note on the “Execution of a document using an electronic signature”.

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ASA/CAP - HFSS food and drink: New online ban in children's media

13 December 2016

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In May 2016, the Committee of Advertising Practice (CAP) published a consultation into food and soft drink advertising to children.

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Consumer New - CMA campaign on unfair contract terms

13 December 2016

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Following an investigation into business attitudes towards unfair terms in consumer contracts, the CMA has published new practical guidance to assist compliance.

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Consumer New - Pricing Practices Guide

13 December 2016

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The Chartered Trading Standards Institute (CTSI) has published new guidance which replaces the former version, being the Department for Business Innovation and Skills’ (BIS) Pricing Practices Guide 2010.

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Nuisance calls

13 December 2016

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From Spring 2017, directors can each be fined up to £500,000 by the Information Commissioner's Office (ICO) if their firms are found to be in breach of the Privacy and Electronic Communications Regulations (the Regulations) by making nuisance calls.

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Investigatory Powers Act: Royal assent

13 December 2016

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On 29 November 2016, the Queen gave royal assent to the Investigatory Powers Bill, marking the end of the controversial bill’s passage into law.

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TalkTalk: how quickly must you notify a personal data breach?

13 December 2016

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How quickly must you notify the ICO following notification of a personal data breach? And what lessons can be learned from the tight timescales currently imposed on communications providers as all businesses head towards 72 hour data breach notification under the GDPR?

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TalkTalk: ICO issues record fine

13 December 2016

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The ICO has issued a record £400,000 fine to TalkTalk for failing to keep personal data secure in breach of the Data Protection Act 1998 (DPA).

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Remedies for breach of contract - Scottish Power UK Plc v BP Exploration Operating Company Ltd Company Ltd [2016] EWCA 1043

13 December 2016

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Can a party be limited to an exclusive contractual remedy, without the right to claim damages for breach of contract?

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New ICO Code on Privacy Notices Transparency and Control

13 December 2016

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The Information Commissioner’s Office (ICO) has recently issued a new Code of Practice on Privacy Notices, Transparency and Control (the Code).

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Warranties - Idemitsu Kosan Co Ltd v Sumitomo Co Corp [2016] EWHC 1909 (Comm)

13 December 2016

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Can warranties constitute statements of fact which are actionable as misrepresentations?

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Contractual interpretation - Process Components Ltd v Kason Kek Gardner Ltd 2016 EWHC 2198 Ch

13 December 2016

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Should a contract be construed in light of a common assumption between the parties?

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Contractual discretion - Brogden and another v Investec Bank plc [2016] EWCA Civ 1031

13 December 2016

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What are the limits on a discretion conferred by a contract?

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Confidential information Kerry Ingredients (UK) Ltd v Bakkavor Group Ltd [2016] EWHC 2448 (CH)

13 December 2016

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Does information provided for one purpose (but not under an express NDA), and used by the recipient for its own purposes enable the discloser to bring a claim for breach of confidence?

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Restrictive covenants - Millen v Karen Millen Fashions Ltd & Anor [2016]

13 December 2016

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What is the scope of restrictive covenants given by a seller of a business?

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Binding terms: Wells v Devani [2016] EWCA Civ 1106

13 December 2016

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In what circumstances will the Court imply a term to fill a gap in a contract?

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Binding terms: Novus Aviation Limited v Alubaf Arab International Bank BSC(c) [2016] EWHC 1575 (Comm)

13 December 2016

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Does a letter signed by one party but not the other constitute an enforceable contract?

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Binding terms: Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd [2016]

13 December 2016

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Can a letter of intent constitute a binding contract?

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Blog

Kevin Reed v HMRC - Tribunal dismisses taxpayer's application for reinstatement of his appeal

Published on 12 December 2016. By Alexis Armitage, Associate

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In Kevin Reed v HMRC [2016] UKFTT 0653 (TC), the First-tier Tribunal (FTT) dismissed the taxpayer's application for reinstatement of his appeal which had been struck out for failing to comply with directions issued by the FTT.

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Blog

FCA identifies concerns with PI cover for general insurance intermediaries

07 December 2016

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The FCA has announced the results of a review into general insurance intermediaries' professional indemnity insurance. The FCA found sufficient breadth in the market, but also identified some significant concerns about the cover firms had purchased.

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Blog

Icebreaker litigation: partial award of costs upheld as HMRC recognised as the "substantial victor"

Published on 06 December 2016. By Constantine Christofi, Senior Associate

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In Bastionspark LLP and others v HMRC , the Upper Tribunal (UT) has held that the First-tier Tribunal (FTT) was entitled to find that HMRC had been the "substantial victor" and to make a partial award of costs in favour of HMRC notwithstanding that each party had been partially successful in an appeal against HMRC's decision regarding allowable expenditure.

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