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Hyper-Personalisation: the brands who want to know your name

Published on 04 February 2019. By Amber Oldershaw, Trainee Solicitor

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In a modern day society widely dubbed as 'The Digital Age', corporations must compete like never before to capture a fluid market seeking instant gratification.

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Blog

LOIs and liability for inducement of breach of contract

01 February 2019

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A recent Court of Appeal ruling highlights the risk to traders and, in particular, to their officers and employees personally, of giving/arranging a letter of indemnity to a carrier against liability arising out of delivery of goods without presentation of the bills of lading. This blog examines the risk of such arrangements giving rise to a liability on their part under the tort of procuring a breach of contract.

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Blog

SAAMCo and BPE re-affirmed: the proper approach to loss in professional negligence cases

Published on 31 January 2019. By Nick Bird, Partner and Tom Toulson, Associate

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A recent Court of Appeal decision reaffirms the importance of the "information" and "advice" categories when considering the losses for which a professional should be held liable.

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Publication

VAT update - January 2019

31 January 2019

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In this month’s update we report on (1) refunds of VAT in the UK for non-EU businesses; (2) changes to the VAT treatment of retained payments; and (3) revised HMRC guidance on when and how to account for VAT when you transfer a business as a going concern. We also comment on three recent cases involving (1) irrecoverable output tax; (2) the deductibility of a repayment supplement from an interest award; and (3) whether a taxpayer had a legitimate expectation that HMRC guidance could be relied upon.

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Blog

FCA promises "greater clarity" over Crypto regulation

Published on 31 January 2019. By Ashley Daniells, Associate

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The Financial Conduct Authority (FCA) has made further progress in relation to the regulation of cryptocurrencies such as bitcoin, in an attempt to tackle the growing market. The aim of regulation will be to provide greater clarity to both the industry and consumers.

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Blog

連載コラム・欧州M&A最前線>12月・1月

Published on 31 January 2019. By Nigel Collins, Partner, Head of Japan Desk

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2019年の幕開けは、東京と香港への出張で忙しくも生産的だった。ブレグジット問題の目まぐるしい展開は、やはり大きな話題となっていた。英国の誰もがそうだろうが、交渉がここまで遅れ、まだ合意が成り立っていないことに私も驚いている。(

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Blog

Can expert evidence be used to determine dishonesty?

Published on 31 January 2019. By Steven Rajavinothan, Associate and Parham Kouchikali, Partner

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Dishonesty in relation to financial market practices is to be determined against an objective standard; expert evidence as to market practices cannot be adduced to decide the issue.

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Blog

Adjudication and liquidation – the TCC gets it wrong…but right

31 January 2019

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Back in August, we wrote a blog about adjudication and liquidation, following the judgment in the TCC case of Michael J. Lonsdale (Electrical) Limited v Bresco Electrical Services Limited (in Liquidation) [2018] EWHC 2043 (TCC) (Lonsdale). The judgment concluded, for the reasons set out below, that an adjudicator does not have jurisdiction to determine a dispute involving a company in liquidation (CIL).

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Blog

A look back at the Year of the Dog

31 January 2019

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Over the past 12 months, the courts of Hong Kong have made a number of interesting decisions, many of which we have written about, and which are likely to prove instructive for lawyers in 2019 and beyond.

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Publication

2019 TerraLex guide to navigating cross-border copyright rules

Published on 30 January 2019. By Ciara Cullen, Partner and Paul Joseph, Partner

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We are delighted to present the TerraLex Cross‑Border Copyright Guide 2019, the fourth edition of this invaluable guide.

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Blog

Part Two: Side letters and fundraising

28 January 2019

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In this second of a three part series, we look more closely at side letters and most favoured nation (MFN) clauses in the private equity space.

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Blog

Big 'Mac' Surprise

Published on 25 January 2019. By Ciara Cullen, Partner and Ben Mark, Partner

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In a decision that will send shock waves to many brand owners, particularly in the food and drink industry, the EU Cancellation Division has revoked McDonald's EUTM for 'Big Mac' in its entirety, even in respect of sandwiches, despite being McDonald's signature product worldwide.

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Blog

Omagh: tax penalty was a "criminal charge" for the purposes of Article 6 of the ECHR

Published on 25 January 2019. By Heather Rimmer, Associate

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In Omagh Minerals Ltd v HMRC [2018] UKFTT 697 (TC), the First-tier Tribunal (FTT) has held that despite the civil nature of the underlying tax dispute, an aggregates levy penalty imposed on the taxpayer by HMRC was a "criminal charge" to which Article 6 (right to a fair trial), European Convention on Human Rights (ECHR), applied.

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Blog

Look to the future: Trainees take on 2019

25 January 2019

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The trainees didn't fare too badly with their 2018 predictions. They doubted England's ability to make it past the group stages of the World Cup, but foresaw how Brexit would dominate the news agenda. They over-optimistically predicted the introduction of automated bundling, but came very close on the value of Bitcoin. Read on to see this year's predictions.

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Blog

Could the NHS Long Term Plan mean less opportunity for NHS contracts?

Published on 23 January 2019. By Genevieve Isherwood, Associate

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The NHS's Long Term Plan includes a provision to repeal elements of the Health and Social Care Act 2012; in this blog we consider the potential impact on private providers and their opportunity to tender for NHS contracts.

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Blog

What lies ahead for the construction industry in 2019?

22 January 2019

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At the beginning of a new year it is customary to consider what the year ahead may bring. 2019 promises to be eventful not least with the UK's exit from the EU on 29 March 2019. Here's what to look out for in the next 12 months…

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Blog

Banks: A real Brexit tax

Published on 21 January 2019. By Constantine Christofi, Associate

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In A Banks v HMRC [2018] UKFTT 617, the First-tier Tribunal (FTT) heard an appeal by Mr Arron Banks against HMRC's decision to deny him relief on certain donations he and his companies had made to the UK Independence Party (UKIP). The FTT decided that his rights had been infringed under the European Convention on Human Rights (the Convention) but there was nothing it could do to remedy that infringement.

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Publication

Annual Insurance Review 2019

Published on 21 January 2019. By Simon Laird, Global Head of Insurance and Robert Morris, Partner

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Welcome to RPC’s Annual Insurance Review

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Blog

Trainees took on 2018: did we predict the unpredictable?

16 January 2019

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2018 certainly will not be forgotten in a hurry, and what a year it was. Brexit negotiations dominated headlines, Theresa May's 'Dancing Queen' routine went viral, and England made it to the semi-finals of the World Cup! No, we didn't predict that either.

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Blog

Four UK financial crime compliance predictions for 2019

Published on 15 January 2019. By Sam Tate, Partner

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Last week we published our "UK white-collar crime enforcement predictions for 2019". This week, it is the turn of financial crime compliance.

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Blog

Hairdryer treatment for medical staff who accessed Sir Alex Ferguson's medical records

Published on 14 January 2019. By Charlie Gould, Trainee Solicitor

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After the former Manchester United manager's medical records were accessed by staff at the Salford Royal Hospital, what are the likely GDPR and Data Protection Act consequences?

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Blog

Part One: Overview of side letters & MFNs when investing in private equity funds

14 January 2019

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In the first of a three part series we consider the importance of side letters and most favoured nations (MFN) clauses in private equity funds.

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Blog

Artificial Intelligence, collaboration with online platforms and tackling the 'Wild West': How the ASA plans to make its impact online over the next 5 years

Published on 11 January 2019. By Oliver Bray, Partner and Victoria Noto, Associate

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Given that online adverts made up 88% of all adverts where action was taken by the ASA in 2017, it is unsurprising that the regulation of online advertising is central to the ASA's strategy for the next 5 years.

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Blog

New regulations to permit assignment of receivables under commercial contracts now in force

Published on 11 January 2019. By Edward Colville, Legal Director

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After more than four years of consultation, draft regulations and revisions, the Business Contract Terms (Assignment of Receivables) Regulations 2018 (the Regulations) have now taken effect, and apply to all relevant contracts entered into on or after 31 December 2018.

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Blog

Graham: taxpayer successfully appeals against APN penalty

Published on 11 January 2019. By Robert Waterson, Partner

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In Kevin Graham v HMRC [2018] UKFTT 661 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal against a penalty imposed by HMRC for non-payment of an accelerated payment notice (APN).

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Publication

Retail Compass: Navigating future change

Published on 10 January 2019. By Jeremy Drew, Partner and Karen Hendy, Head of Corporate

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We are pleased to present our Retail Compass New Year edition 2019.

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Blog

All that glitters is not "Gold"

Published on 09 January 2019. By Esme O'Hagen, Associate and Ciara Cullen, Partner

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How does the court calculate what a reasonable license fee is, and what conduct will be sufficient for the court to award additional damages under section 92(2) of the Copyright, Designs and Patents Act 1998?

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Blog

Four UK white collar crime predictions for 2019

Published on 08 January 2019. By Sam Tate, Partner and Toby Lamarque, Managing Consultant - Regulatory and Financial Crime

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The coming year presents itself as particularly unpredictable for white collar crime enforcement in the UK, given the shadow of Brexit, changes of staff at the SFO and a series of long-standing cases due for resolution. Nostradamus would struggle, but, nevertheless, here is RPC's forecast of what to expect in 2019.

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Blog

Ground conditions: An entitlement to additional costs despite accepting risk?

08 January 2019

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The High Court published a decision late last year which deals with a frequently encountered issue; a claim for additional payment where a sub-contractor encountered adverse ground conditions. The sub-contractor, Clancy Docwra, was engaged by E.ON Energy to excavate trenches in connection with the installation of a district heat network in central London. During the course of the project Clancy Docwra encountered adverse ground conditions (in particular underground brick walls and brick rubble) and the parties were in dispute over what additional entitlement Clancy Docwra had in relation to those works.

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Blog

NDAs: Not done with after all?

Published on 08 January 2019. By Alice Tittensor, Trainee Solicitor

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Non-Disclosure Agreements are currently under significant scrutiny following various public scandals in which they have been used to silence employees who were allegedly subjected to harassment by their employers. In light of this recent controversy, this article explores the current debate surrounding NDAs.

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Blog

Funding for disputes – “one step forward”

Published on 04 January 2019. By David Smyth, Senior Consultant and Michael Maguiness, Of Counsel

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In a significant development in June 2017, the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Ordinance was enacted. It provides for a legislative regime for third party funding of arbitration and mediation in Hong Kong.

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Blog

An excessive demand is still a demand - Barclays Bank plc v Price

Published on 02 January 2019. By Sarah Shaul, Associate and Andy McGregor, Head of Civil Fraud

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A demand made under a guarantee may be effective even when the amount demanded exceeds an express liability cap.

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Blog

Ban of combustible materials in cladding

21 December 2018

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One and a half years after Grenfell, the Building (Amendment) Regulations 2018 come into force and restrict the use of combustible materials in buildings.

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Blog

Addo - Disclosure against HMRC in tax appeals

Published on 20 December 2018. By Constantine Christofi, Associate

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In Addo v HMRC [2018] UKFTT 530 (TC), the First-tier Tribunal (FTT) considered the principles governing disclosure in the context of appeals before the FTT. This blog is based on an article which was first published in Tax Journal on 22 November 2018. RPC acted for the taxpayer in this case.

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Blog

Watch out! Internal settlement negotiations may not always remain "internal"

Published on 19 December 2018. By Davina Given, Partner and Suzan Kurdi, Senior Associate

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WH Holding Limited (1) West Ham United Football Club Limited (2) v E20 Stadium LLP [2018] EWCA Civ 2652 finds that internal settlement negotiations are not protected by litigation privilege.

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Publication

Health and safety update December 2018

18 December 2018

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Welcome to the latest edition of our health and safety update where we look at the health and safety stories that have recently hit the headlines as well as the latest fines and sentences that have been handed down.

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Blog

On the twelfth day of Christmas, the High Court gave to me…twelve judges judging

Published on 18 December 2018. By Davina Given, Partner

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It attracted nothing like the controversy of the US Senate's confirmation of US Supreme Court Justice Kavanaugh. However, the decision of the two selection commissions to recommend, and of the Lord Chancellor to recommend to the Prime Minister, the appointment of Lady Hale to the Presidency of the UK Supreme Court and of Ladies Black and Arden to the Court marked historic firsts in 2018.

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Blog

On the eleventh day of Christmas, the High Court gave to me…eleven groups a-growing

Published on 17 December 2018. By Davina Given, Partner and Chris Ross, Partner and Lambros Kilaniotis, Partner

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Unlike Scrooge, litigation will not wake transformed on Christmas Day into a gentler, kinder activity. But it is undergoing a slower transformation with the growth of various forms of group litigation in England.

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Blog

White Paper on National Security and Investment

Published on 17 December 2018. By Neil Brown, Partner and Charles Buckworth, Partner

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In our last blog, published on 11 December 2018, we explained the motivation behind the UK government's white paper on national security and investment. In this blog, we explain more of the detail in those proposals.

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Pension Transfers – FCA provides an end of year report

Published on 14 December 2018. By Matthew Watson, Associate

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As the end of the calendar year approaches the FCA's recent publication indicated that the regulator remains concerned as to the suitability of pension transfer advice. If the FCA's recent review was an end of term school report this would be best summed up as "could do much better".

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Vacation Rentals – taxpayer had legitimate expectation that HMRC guidance could be relied on

Published on 14 December 2018. By Michelle Sloane, Senior Associate

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In R (on the application of Vacation Rentals (UK) Ltd) (formerly The Hoseasons Group Ltd) v HMRC [2018] UKUT 383 (TCC), the Upper Tribunal (UT), has held that HMRC was bound by its published guidance in Business Brief 18/06 (BB18/06) concerning the treatment of payments for card handling services.

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Blog

On the tenth day of Christmas, the High Court gave to me…ten claims a-noticed

Published on 14 December 2018. By Davina Given, Partner

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Christmas may come but once a year, but 2018 was book-ended by two cases in the Court of Appeal on claim notices in the context of share sale purchases.

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A Signature Move in the Right Direction?

Published on 13 December 2018. By Jason Varney, Senior Associate

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Earlier this year the Law Commission published a Consultation Paper on the use of electronic signatures for the execution of written agreements. Whilst the Law Commission does provisionally conclude that in its view an electronic signature is capable of complying with existing law, it published the Paper in order to seek views on whether the current law inhibits the electronic execution of written contracts, and what concerns stakeholders have regarding the use of electronic signatures.

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Projecting into the future of the medical products sector

Published on 13 December 2018. By Emma Kislingbury, Associate and Peter Rudd-Clarke, Legal Director

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In the final instalment of our vlog series, we look at recently published books by Yuval Noah Harari and Stephen Hawking to help us better understand and project into the future of the medical products sector.

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Blog

On the ninth day of Christmas, the High Court gave to me…nine losses mounting

Published on 13 December 2018. By Davina Given, Partner

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It's rare for cases on damages to reach the Supreme Court, and there was just one in 2018: Morris-Garner v One Step (Support) Ltd (possibly particularly appropriate for a verse normally taken up with possibly aged leaping lords).

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On the eighth day of Christmas, the High Court gave to me…eight duties owing

Published on 12 December 2018. By Davina Given, Partner

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To borrow from a distinctly non-Christmassy text: to owe or not to owe a duty? That is often the difficult question. (It could be worse: o-ho-ho-ho-we, yes, it could.) By way of a round-robin letter on the topic, by and large, 2018 was a good year for.

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Huawei and UK National Security - A new technology cold war?

Published on 11 December 2018. By Neil Brown, Partner and Charles Buckworth, Partner

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Chinese technology giant, Huawei, has been making plenty of headlines recently. First, a number of Western governments (including the US, Australia and New Zealand) have banned Huawei equipment from being used in 5G networks, citing national security concerns. Next, Huawei's CFO was arrested in Canada in connection with alleged breaches of international sanctions.

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On the seventh day of Christmas, the High Court gave to me…seven fraudsters fleeing

Published on 11 December 2018. By Davina Given, Partner and Jonathan Cary, Partner

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A Home Office report in July 2018 found that in 2015/16 there were 3.6m incidents of fraud with an immediate cost of £3.04bn and 2m incidents of cybercrime with an immediate cost of £526m. It seems improbable that the number or value of those incidents has declined since then, and certainly fraud of all types has had a busy 12 months in the English courts.

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Publication

The new Payment Services Bill

Published on 10 December 2018. By Lex Lazatin, Associate

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The new Payment Services Bill (No 48/2019) (the “Bill”) was recently submitted for a first reading in the Singapore Parliament on 19 November 2018. The Bill will consolidate the various payments regulations and replace the existing legislation, which primarily comprises the Money-changing and Remittance Businesses Act (Cap 187, 2008 Rev Ed) (the “MCRBA”) and the Payment Systems (Oversight) Act (Cap 222A, 2007 Rev Ed) (the “PSOA”).

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Blog

On the sixth day of Christmas, the High Court gave to me…six exclusion clauses

Published on 10 December 2018. By Davina Given, Partner

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Geese, which normally feature in this verse, can pack a nasty bite. In a gaggle of cases this year, exclusion clauses bit claimants hard – but in two cases the claimants successfully fought back.

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