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Amazon and the $200billion Internet Economy in South East Asia

Published on 30 August 2017. By Sophie Tuson, Associate

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Amazon's launch in Singapore last month marks the internet giant's official entry into South East Asia. Sophie Tuson explores why the region, and Singapore in particular, provides such fertile ground for e-commerce businesses in search of growth.

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VAT update August 2017

Published on 30 August 2017. By Adam Craggs, Partner

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In this month’s update we report on updated guidance from HMRC on distance selling, the EU (Withdrawal Bill) and the revised place of supply rules for B2C telecommunications.

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SIPP complaints to FOS still on the up

Published on 30 August 2017. By Rachel Ford, Associate

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Complaints to the FOS about SIPPs continue to rise, having sky rocketed in the first quarter of 2017.

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欧州M&A最前線 2017年8月

Published on 25 August 2017. By Nigel Collins, Partner, Head of Japan Desk

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シンガポール、ハノイ、香港、東京を巡る出張から帰ってきた。クライアントや知人などいろんな人に会ったのだが、会えなかった人がいるのもいつものこと。こんな調子なので、さっそく次の出張の計画を立てた方がいいだろうか。

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The Mayor of London's Affordable Housing SPG: 10 things you need to know (part 1)

24 August 2017

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This supplementary planning guidance, issued this month, builds on the Mayor's long-term aim for half of all new homes in London to be affordable (as defined in the London Plan). More will no doubt be heard in the revised London Plan when that emerges, but in the meantime here are some headlines which we hope help you cut through the SPG.

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Show me the money – turning liens into cash

24 August 2017

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Most charterparties give owners the right to lien cargo for unpaid hire or freight. However, it may be necessary to sell the cargo in order to obtain payment. The English Commercial Court has recently considered the circumstances in which it would be prepared to order the sale of cargo held under a shipowners' lien.

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Edgar Davids wins League of Legends image rights claim

Published on 23 August 2017. By Joshua Charalambous, Associate

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Dutch football icon Edgar Davids has succeeded in suing Riot Games – makers of the world's biggest video game and eSports phenomenon, League of Legends.

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BPP – Tribunal correct to strike out HMRC's case for failure to comply with Rules and Directions

Published on 23 August 2017. By Constantine Christofi, Associate

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In BPP Holdings Ltd v HMRC [2017] UKSC 55, the Supreme Court has confirmed that the First-tier Tribunal (FTT) was justified in directing that HMRC be barred from taking further part in the proceedings for failure to adhere to the Tribunal’s Rules and Directions.

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Appification of Retail and Data Protection

Published on 22 August 2017. By Nicola Cain, Partner and Jani Ihalainen, Paralegal

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The rise in online retail is seen by many as one of the key causes of the decline in footfall on the UK's high streets in recent years but the high street has been fighting back with its own innovative use of technology to help get more shoppers back into physical stores.

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Customs and excise quarterly update, August 2017

Published on 22 August 2017. By Adam Craggs, Partner

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In this update we report on the implementation of the Fulfillment House Due Diligence Scheme, the National Audit Office's report on the new Customs Declaration Service and the future excise duty rate changes to cooking wine and other cooking alcohol.

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PSR issues public censure on payment system operator

Published on 15 August 2017. By Charles Buckworth, Partner

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The Payment Systems Regulator (PSR) has recently announced its first enforcement outcome, as it issued a public censure against a payment system operator.

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Wealth and trusts quarterly digest, August 2017

15 August 2017

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Our quarterly digest provides up to date commentary and analysis on key sector developments.

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Challenge to SRA intervention rejected

Published on 11 August 2017. By Nick Bird, Partner and Laura Stocks, Senior Associate

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Suspicion of wrongdoing in law firms gives rise to difficult judgments.

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Signed, sealed, delivered

Published on 11 August 2017. By Matthew Griffith, Partner

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Matthew Griffith shares some strategies for delivering successful (re)insurance M&A – before and after the ink has dried

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What a drag

Published on 11 August 2017. By James Mee, Partner and David Wallis, Partner

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James Mee and David Wallis outline some of the issues involved in selling companies with a large employee shareholder base

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Eastern Power – Tribunal orders HMRC to close its enquiries despite outstanding information notices

Published on 10 August 2017. By Adam Craggs, Partner

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In Eastern Power Networks Plc and others v HMRC [2017] UKFTT 494 (TC), the First-tier Tribunal (FTT) ordered HMRC to issue closure notices even though there were a number of outstanding information notices.

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Avoid getting in a spin: Lessons for managing future Registered Designs cases - Spin Master Limited v PMS International Group [2017] EWHC 1477

Published on 09 August 2017. By Georgia Davis, Legal Director and Jeremy Drew, Partner

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It is relatively rare for a case management conference ("CMC") to be of sufficient interest to be the subject of an article. However, these proceedings raised general issues of how to achieve short, cost-effective hearings where one or perhaps both parties were preparing for a much longer trial.

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Could 'clickstream data' put firms' websites in the spotlight?

Published on 08 August 2017. By Rachael Ellis, Associate

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Rachael Ellis considers the FCA's use of clickstream data to examine customers' engagement with charges information.

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Government sets out details of new data protection legislation

Published on 07 August 2017. By Nicola Cain, Partner and Alex Wilson, Associate

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The Government has today published a Statement of Intent setting out details of the forthcoming Data Protection Bill. Matt Hancock MP, the Digital Minister, says that the reforms will "bring our data protection law up to date" whilst transferring the General Data Protection Regulation ('GDPR') into domestic law. The text of the Data Protection Bill is expected in early September.

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Lights, camera, legal action

Published on 07 August 2017. By Charlotte Thompson, Associate

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The law has proven a popular subject of television programmes for decades. Charlotte Thompson explores whether the drama of real life trials may soon reach the small screen.

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No duty of care owed when conducting a redress procedure

Published on 04 August 2017. By Rachael Healey, Partner

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The Court of Appeal has found that banks did not owe a duty of care when conducting a past business review (PBR) of previous sales of interest rate hedging products. Although the decision is in the context of the review procedure agreed between the FCA and banks, the decision is likely to apply to all PBRs, except formal 'consumer redress schemes' under s404 FSMA.

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Barton succeeds in reducing betting ban

Published on 04 August 2017. By Joshua Charalambous, Associate

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Joey Barton has succeeded in reducing the ban imposed on him by the FA Commission following breaches of FA Rules concerning betting – but he's still banned until 1 June 2018

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Court of Appeal distinguishes Target

04 August 2017

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In a recent decision the Court of Appeal1 distinguished Target and AIB on the applicable remedy arising out of a breach of trust in a commercial transaction.

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Contractors and Insurers beware - Contractor found to bear the risk of an incorrect standard as fitness for purpose prevails in the Supreme Court

Published on 03 August 2017. By Rebecca Taylor, Associate

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This morning the Supreme Court handed down its much anticipated judgment in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another [2017] UKSC 59. The Judgment should be of concern to both contractors and their insurers.

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Gray – FTT allows appeal against discovery assessment as ITV correctly accounted for PAYE

Published on 03 August 2017. By Michelle Sloane, Senior Associate

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In Gray v HMRC [2017] UKFTT 0275, the First-tier Tribunal (FTT) allowed the taxpayer's appeal against a discovery assessment in relation to a termination payment as there was no additional tax to assess in the relevant year and in any event the assessment was out of time.

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New corporate criminal offence

03 August 2017

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Failure to prevent the facilitation of tax evasion

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New corporate tax evasion offences – the clock is ticking!

03 August 2017

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Financial services firms should ensure they have in place appropriate policies and procedures as they prepare for the new corporate tax evasion offences.

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Rangers: Supreme Court confirms remuneration paid through EBT is subject to income tax

Published on 02 August 2017. By Alexis Armitage, Associate

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In RFC 2012 Plc (in liquidation) (formerly The Rangers Football Club Plc) v Advocate General for Scotland [2017] UKSC 45, the Supreme Court has held that remuneration payments made into an employees' remuneration trust were earnings for income tax and NICs purposes.

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Who has to sign a s106 agreement?

02 August 2017

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The question of who needs to sign a s106 agreement can be a bone of contention between applicants and local planning authorities. Opposing views can risk planning consents being held up, or third parties challenging consents for failure to properly secure essential mitigation. So who, then, should sign planning agreements?

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Spare parts and intellectual property: the distinction between "informative use" and "misleading use"

Published on 01 August 2017. By Georgia Davis, Legal Director and David Cran, Partner

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The Court of Appeal has allowed an appeal against a decision of the Intellectual Property Enterprise Court ("IPEC") that a repair company had not infringed certain BMW trade marks.

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Using VR in sports – virtual insanity or future reality?

Published on 01 August 2017. By Joseph Byrne, Associate

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Stoke City has become the latest Premier League club to announce that it will use virtual reality (VR) technology as a training tool for its goalkeepers.

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Is it game over for ground rent?

01 August 2017

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Considering the recent Government proposals to change the rules on ground rent and how those proposals may affect developers.

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Tax update, August 2017

31 July 2017

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In this update we report on the Government’s intention to use the Finance Bill (No. 2) 2017 to retrospectively implement the policies dropped from the first Finance Act 2017; amendments to the new disguised remuneration provisions in the Income Tax (Earnings and Pensions) Act 2003; and the implementation of the guidance requirement under the Criminal Finances Act 2017

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When can publishing newspaper articles amount to harassment?

Published on 28 July 2017. By Keith Mathieson, Partner

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The High Court has struck out part of a harassment claim against the publisher of the Daily Mail and Mail Online. Unless the Judge's order is successfully appealed, the remaining harassment claim will proceed to trial.

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SM&CR: what should the insurance sector be doing to prepare?

27 July 2017

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On 26 July 2017, the FCA and PRA published three consultation papers outlining their proposals for the extension of the senior managers and certification regime (SM&CR) to all authorised firms.

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Advertisement consent – five rules for retailers

26 July 2017

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A summary of advertisement control for retailers in England, including deemed consent provisions, applications, standard conditions and discontinuance orders.

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Advertisement consent – five rules for retailers

26 July 2017

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A summary of advertisement control for retailers in England, including deemed consent provisions, applications, standard conditions and discontinuance orders.

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Derry – HMRC prevented from collecting tax in avoidance case

Published on 25 July 2017. By Robert Waterson, Partner

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In R (ota of James Derry) v HMRC [2017] EWCA Civ 435, the Court of Appeal, in allowing the taxpayer's appeal, confirmed that HMRC is not able to ignore a claim for carried back loss relief where the taxpayer has self-assessed and computed his liability to tax.

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Supreme Court endorses open justice principle

Published on 25 July 2017. By Oliver Murphy, Associate

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The Supreme Court has handed down its much anticipated judgment on reporting restrictions and the principle of open Justice in the case Khuja (formally PNM) v Times Newspapers Limited.

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CMA approves new payment systems operator

Published on 25 July 2017. By Charles Buckworth, Partner

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On 12 July 2017, the Competition and Markets Authority (CMA) approved the consolidation of the operators of Cheque and Credit Clearing Company, Faster Payments and Bacs into a new payment systems operator (NPSO). This consolidation was one of the key recommendations in the PSO Delivery Group's (PSODG) Report of 4 May 2017.

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VAT update, July 2017

24 July 2017

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In this month’s update we report on HMRC’s recent guidance on its approach to supply splitting; the Supreme Court hearing in the Littlewoods compound interest case; and the revised timetable for “Making Tax Digital”.

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欧州M&A最前線 2017年7月

Published on 24 July 2017. By Nigel Collins, Partner, Head of Japan Desk

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7月は、非常に蒸し暑いハノイでこの記事を書いている。ベトナムは今、強い意欲と勤勉な国民、そして多額の外国直接投資(FDI)に支えられ、どんどん開発が進んでいる。

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Odd but clear contract lines not to be disturbed by the Court

Published on 24 July 2017.

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In a recent Commercial Court decision on the construction of a tailored demurrage provision in a charterparty, the Court refused to rewrite the parties agreement regarding demurrage merely because "it might be thought odd".

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Stay in your lane! How expert witnesses can stray away from their duty to the Court

24 July 2017

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The judgement in 125 OBS Nominees (1) and anr v Lend Lease Construction (Europe) and anr [2017] provided useful judicial clarification as to when expert evidence from certain disciplines will and will not be appropriate and how experts can walk a fine line between advocating their client's case and providing independent evidence.

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A shot in the arm for football sponsorship – clubs take advantage of new shirt sleeve regulations

Published on 24 July 2017. By Stuart Harris, Associate

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As forecasted in our blog post back in April, it wasn't long before other Premier League teams followed Manchester City's lead in announcing major tie-ups for shirt sleeve sponsorship.

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New corporate criminal offence

Published on 21 July 2017. By Adam Craggs, Partner and Michelle Sloane, Senior Associate

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Failure to prevent the facilitation of tax evasion

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FCA's review into non-advised retirement product sales

Published on 21 July 2017. By Rachael Healey, Partner

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The FCA has published its retirement outcomes review interim report. The report forms part of the FCA's assessment of the impact of the pension freedoms on the pension market and consumer behaviour. Although the focus of the report is non-advised sales it provides a useful insight for all those involved in the pensions market in relation to (1) customer behaviour post the introduction of the pension freedoms and (2) how the pension market is responding to those reforms. The report also puts forward some proposed "remedies" in relation to areas where the FCA considers behaviour may be detrimentally impacting customers. The remedies include permitting customers to access part of their pension at an earlier date in what appears to be an attempt by the FCA to steer customers away from drawdown products.

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Know your (package) limitations

21 July 2017

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High Court decision clarifying application of the Hague-Visby Rules (HVR) to sea waybills and package limitation for containerised goods

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"Please sir, may I have some more [damages for failure to consent]?" No, says the Court of Appeal.

Published on 19 July 2017. By James Davies, Senior Associate

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Shaw v Kovac: Court of Appeal rejects claim for an additional, separate award of damages for failure to obtain informed consent.

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High Court sheds light on compulsory jurisdiction of Financial Ombudsman Service

Published on 19 July 2017. By Matthew Evans, Senior Associate

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The High Court has provided some clarification of the scope of the compulsory jurisdiction of the Financial Ombudsman Service (FOS). The decision has left the scope of that jurisdiction open to discussion, and appears to suggest that the courts will take a more mechanical approach to reviewing regulatory decisions.

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