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Pledging to use Alternative Dispute Resolution ("ADR")

30 October 2013

On November 12th, signatories of The International Institute for Conflict Prevention & Resolution (CPR)'s new 21st Century Pledge will be announced.

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Late but not too late: new claims and time bars

Published on 29 October 2013. By Geraldine Elliott, Partner

The High Court has recently considered the extent to which pleadings can be amended to introduce new claims out of time in the case of Nolan & others v Tui UK Limited.

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Teleworking: the future or the past?

29 October 2013

For as long as I can remember, pioneering companies such as IBM, Intel and Cisco have attributed their success – at least in part – to their decision to allow staff to work from home/a remote access device, or 'telework'.

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A discovery too far?

25 October 2013

Since the Court of Appeal decision in Langham v Veltema[1] the courts and tribunals have considered several challenges by taxpayers to HMRC's power to make discovery assessments after failing to open in time enquiries into self-assessments.

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Court of Appeal makes it clear that a skeleton argument is not a vehicle for the introduction of unpleaded claims

Published on 24 October 2013. By Adam Forster, Senior Associate

The Court of Appeal has recently handed down judgment in the case of Credit Suisse AG v. Arabian Aircraft & Equipment Leasing Co EC.

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Mediate or be damned

Published on 24 October 2013. By Alexandra Anderson, Partner

In a landmark decision released yesterday, the Court of Appeal has upheld the decision to deprive a Defendant of part of its costs, for failing to respond to repeated requests to mediate, even though it made a Part 36 offer which the Claimant failed to accept until just before trial.

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'Stranded on an island without a canoe'

23 October 2013

Common sense may yet prevail at the Court of Appeal in the Clark v In Focus case about whether a complainant can take the maximum award from FOS and sue for the balance of their losses in Court.

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Update on Clark v In Focus appeal

22 October 2013

The landmark appeal in Clark v In Focus is today being heard by the Court of Appeal, who will decide whether a complainant can accept an award at FOS and then sue for the balance through the courts.

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Interest rate hedging products: mis-selling - Update on Green v Royal Bank of Scotland

22 October 2013

The Court of Appeal recently published its judgment in Green v Royal Bank of Scotland Plc [2012] EWHC 3661 QB, the first decided case concerning the alleged mis-selling of Interest Rate Hedging Products ("IRHPs").

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Update on Clark v In Focus appeal

22 October 2013

The landmark appeal in Clark v In Focus is today being heard by the Court of Appeal, who will decide whether a complainant can accept an award at FOS and then sue for the balance through the courts.

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How well do you know your Expert Witness?

21 October 2013

The High Court decision in Proton Energy Group SA v Orlen Lietuva [2013] EWHC 2872 is a warning to all litigators to choose their expert witnesses wisely.

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Ofcom, Ofgem, Ofwat, OfFCA…? FCA set to become latest competition sectoral regulator

21 October 2013

At its own request, the FCA is set to be granted expanded competition powers under new legislation.

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Last gasp of the super-injunction

21 October 2013

Super-injunctions are almost an extinct species. 'Non-super' privacy injunctions however remain alive and kicking with according to recent figures a 100% success rate on interim applications.

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Trade Secrets – A Unified European Regime?

Published on 21 October 2013. By David Cran, Partner and Louise Morgan, Senior Associate

Earlier this year, a study was prepared for the European Commission relating to the treatment of Trade Secrets and Confidential Business Information within the internal market.

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Taxpayer's appeal allowed as HMRC had not made a discovery determination in time

Published on 17 October 2013. By Dan Wyatt, Senior Associate

The recent First-tier Tribunal ('FTT') case of Nijjar Dairies Ltd v HMRC1 dealt with two matters.

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Acting in Good Faith – is this now a given under English Law?

Published on 16 October 2013. By Alan Williams, Partner

Under many civil law jurisdictions, such as France, Germany, and Italy, the law of obligations recognises and enforces an overriding principle (derived originally from Roman law) that in making and carrying out contracts parties should act in good faith.

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No more moral high ground for whistle blowers?

15 October 2013

Yet another US style importation is on the cards.

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Trade Mark Protection: Court of Appeal says distinctiveness is not enough

Published on 15 October 2013. By Jeremy Drew, Partner and Ciara Cullen, Partner

The Court of Appeal for England and Wales recently handed down its much anticipated ruling in Cadbury's long-drawn-out battle to maintain its UK trade mark registration for the colour purple.

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High Court confirms that general principles of contractual construction apply to 'misnomer principle'

Published on 14 October 2013. By Daniel Hemming, Senior Associate

In Liberty Mercian Limited v (1) Cuddy Civil Engineering Limited (2) Cuddy Demolition and Dismantling Limited

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Handbook suffers from CIDRA hangover

10 October 2013

Whilst FOS rightly considered itself ahead of the consumer insurance law reforms, the FCA has now caught up.

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Handbook suffers from CIDRA hangover

10 October 2013

Whilst FOS rightly considered itself ahead of the consumer insurance law reforms, the FCA has now caught up.

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VAT – Failure to Register in time - penalty on director not upheld as no dishonest conduct

09 October 2013

The First-Tier Tribunal ('FTT') has upheld an appeal by the director of a company against the imposition of a penalty under sections 60 and 61 of the Value Added Taxes Act ('VATA 1994')1 in the case of Mrs G. Candy v HMRC [2013] UKFTT 146 (TC) 02544.

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National Crime Agency – same old, same old?

09 October 2013

If you, like me, tried to access SOCA's website (www.soca.gov.uk) to undertake a compare and contrast exercise with the website of the NCA, you would have found yourself directed seamlessly to www.nationalcrimeagency.gov.uk.

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CAT condemns the Competition Commission's Data Room Rules as unfair and in breach of principles of natural justice

08 October 2013

On 2 October 2013, the CAT handed down its ruling on an application by BMI Healthcare, HCA International and Spire Healthcare (the 'Applicants') for a review of the CC's decision relating to the operation of a data room in its private healthcare market investigation.

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Is sunlight a nuisance?

Published on 08 October 2013. By Jonathan Carrington, Senior Associate

Reports that sunlight reflecting from the unusually shaped "Walkie Talkie" building at 20 Fenchurch Street in London has melted parts of a Jaguar motor-vehicle parked on Eastcheap Street raises an interesting question whether reflected sunlight or heat from a building is actionable in law.

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Ministry of Justice's call for evidence leads to cry for fully independent regulation from SRA

Published on 07 October 2013. By Katherine Roberts, Senior Associate

The Solicitors Regulation Authority (SRA) has responded to the Ministry of Justice's (MoJ) call for evidence on the regulation of legal services in England and Wales demanding truly independent regulation.

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HMRC ordered to pay taxpayer's costs following improper allegation of fraud

02 October 2013

In the recent case of Simple Solutions GB Limited v HMRC,1 not only was the taxpayer successful in its appeal, it was also awarded its costs following serious and unsubstantiated allegations of fraud made against it by HMRC.

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Insurers beware: the FOS is stretching its powers to – and beyond – the limit

02 October 2013

The FOS has publicly stated that when dealing with complaints about the validity of insurance policies...

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Greater than the sum of their parts – Belbin’s Analysis of Teams

Published on 02 October 2013. By Christopher Whitehouse, Senior Associate

“Team Roles at Work” by Meredith Belbin is an almost scientific analysis of the different roles individuals can play in a team, how they interact with one another and how highly functional teams can be assembled.

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ISDA publishes 2013 Arbitration Guide

Published on 01 October 2013. By Chris Ross, Partner

ISDA (the International Swaps and Derivatives Association) has published the 2013 ISDA Arbitration Guide, ...

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Nobody wants to buy sour milk

Published on 26 September 2013. By Christopher Whitehouse, Senior Associate

This folksy catchphrase is at the heart of the business model of the last decade's most wildly successful company: Apple Inc.

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FATCA – are we nearly there yet?

Published on 25 September 2013. By Ben Roberts, Senior Associate

The International Tax Compliance (United States of America) Regulations 2013 ('Regulations') came into force on 1 September 2013.

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High Court considers RBS's liability for structured lending facility

Published on 20 September 2013. By Tom Hibbert, Partner

The recent decision by the English High Court in Torre Asset Funding Limited & anr v The Royal Bank of Scotland plc1 ...

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HMRC's appeal is dismissed in the Lloyds Leasing case

20 September 2013

The Upper Tribunal ('UT') (Newey J and Judge Howard Nowlan) has upheld a decision of the First–tier Tribunal ('FTT') that 25% writing-down allowances ('WDA') were available to a UK lessor of ships...

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Family Business

19 September 2013

Family businesses contribute nearly a quarter of UK GDP (£1.1 trillion) and provide 2 in 5 jobs.

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Costs protection reform - privacy and defamation cases

19 September 2013

The government has unveiled its latest attempt to resolve the tension between its plans to abolish success fees in CFAs and ATE premiums (to reduce costs in privacy and defamation cases) while still making proceedings accessible to less wealthy parties.

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Clipping the wings of the Norwich Pharmacal jurisdiction

13 September 2013

In NML Capital Ltd v Chapman Freeborn Holdings Ltd1, the Court of Appeal has clarified the circumstances in which Norwich Pharmacal2 relief will be available.

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Improve or Surrender – Kaizen

Published on 12 September 2013.

After the Second World War, Japan was faced with the difficult task of rebuilding its industry.

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Copyright Guide 2013

Published on 12 September 2013. By David Cran, Partner

We are pleased to attach a link to an overview of UK copyright, which we trust will prove a useful reference for any copyright issues that you may face, whether in the context of disputes or commercial matters.

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Taxpayer wins appeal notwithstanding mistimed implementation

Published on 11 September 2013. By Dan Wyatt, Senior Associate

The First-tier Tribunal ('FTT') has recently ruled in favour of a taxpayer in relation to a consultancy fee purportedly paid to a company which was not at the time incorporated(Maureen Hepburn v HMRC [2013] UKFTT 445 (TC)).

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Court of Appeal considers extent of fiduciary duties in joint venture agreements

10 September 2013

In the recent case of Ross River v Waveley Commercial Limited and Peter Barnett, ...

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Lawyers – the ideal guardians of ill-gotten gains

10 September 2013

A report produced by the Financial Action Task Force ("FATF") – the intergovernmental body recognised as the standard bearer when it comes to anti-money laundering ("AML") and counter-terrorist financing ("CTF") -

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Rihanna's image protected under the 'umbrella' of passing off

Published on 10 September 2013. By David Cran, Partner

The High Court has recently held that the fashion retailer Topshop's unauthorised use of an image of the famous pop star, Rihanna, amounted to passing off.

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Make it Stick

Published on 05 September 2013. By Philip McCormack, Associate

You’ve got what you think is the perfect idea. It’s relevant. It’s accurate. It’s comprehensive.

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Third time lucky for HMRC as they finally secure victory in DV3

04 September 2013

Having lost before both the First-tier Tribunal ('FTT') and the Upper Tribunal ('UT'),1 HMRC have finally managed to secure victory before the Court of Appeal in HMRC v DV3 RS Limited Partnership [2013] EWCA Civ 907, a case involving stamp duty land tax ('SDLT') planning.

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Blog

Is sunlight a nuisance?

Published on 04 September 2013. By Jonathan Carrington, Senior Associate

Reports that sunlight reflecting from the unusually shaped "Walkie Talkie" building at 20 Fenchurch Street in London has melted parts of a Jaguar motor-vehicle parked on Eastcheap Street raises an interesting question whether reflected sunlight or heat from a building is actionable in law.

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Blog

Greater transparency in the family courts - New Draft Guidance

04 September 2013

Proposed new guidance recommends that decisions of the family courts should always be published, unless there are compelling reasons against publication.

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Cloud confidentiality – or not …

02 September 2013

Anyone using a number of devices to access their information will be tempted to share files between those devices using a service such as Dropbox.

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The Trade Mark Clearing House – Do You Need to Sign Up?

Published on 02 September 2013. By Paul Joseph, Partner

In January 2012, ICAAN began allowing organisations to apply for new Generic Top Level Domains (gTLDs) which will operate alongside the 280 Country Code Top Level Domains (.com and .co.uk etc) and the 22 existing gTLDs (.biz and .info etc).

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A Chinese lesson for private investigators

Published on 30 August 2013. By Keith Mathieson, Partner

Those engaged in the investigation business – whether sniffing out personal or corporate intelligence – are well aware of the need to comply with laws that protect personal information.

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