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Why the winner won't take it all in tomorrow's General Election
William Kark, RPC Trainee, considers the other key players - such as backbenchers, House of Lords, Gina Miller - in the General Election on 8 June 2017.
Read moreLightning in a Bot-tle – political conversation in the age of automation
Robots are responsible for one in eight tweets about the General Election.
Read moreChallenging Times - 5 Risks Following The Grant of Planning Permission
Developers and local authorities will be only too aware that third parties can challenge a grant of planning permission through the courts by way of a judicial review. An application for such a challenge is costly, and must be made quickly. Further, it can only be brought on limited grounds. Whilst this may offer a developer or local authority some comfort, it is worth being aware of some of the more common grounds of challenge so that steps can be taken to minimise the risk of these arising.
Read moreEBA encourages banks to pool their resources for cloud audits
The EBA has set out that banks are no longer required to provide their auditors (or themselves) with an independent right to audit their cloud service providers.
Read moreExemption clauses have teeth ‒ negotiate contracts carefully
The Court of Appeal has recently provided guidance on the application of the contra preferentum rule.
Read moreImpact of the EU’s distribution regime remains unclear
Intermediary market heading for change with Insurance Distribution Directive’s introduction
Read moreRendall - Tribunal reduces penalties imposed for failure to file a partnership return to nil
In Rendall v HMRC [2017] UKFTT 356 (TC), the First-tier Tribunal (FTT) has reduced penalties imposed on partners for failure to file a partnership return on time to nil as the requisite information had already been disclosed to HMRC in the partners' personal self-assessment returns.
Read moreTax update, June 2017
In this update we report on the scope of the Criminal Finances Bill as it receives Royal Assent; HMRC guidance updates for businesses, individuals and agents on how to make disclosures of unpaid tax; and HMRC’s further consultation on Making Tax Digital.
Read moreFCA review of suitability finds big is best
Bigger, restricted firms scored better in the FCA's suitability review and so supervisory focus will be on smaller firms as the FCA plans a follow up review in 2019.
Read moreTager – Application to suspend penalties for failing to comply with information notices rejected
In HMRC v Romie Tager QC the Personal Representative of Osias Tager [2017] UKUT 161 (TCC), the Upper Tribunal (UT) refused an application that it should exercise its discretion under Rule 5(3) of the Tribunal Procedure (Upper Tribunal) Rules 2008 (the Upper Tribunal Rules) and suspend the effect of its decision to impose tax-related penalties for failing to comply with information notices, pending an appeal to the Court of Appeal.
Read more欧州Ｍ＆Ａ最前線 2017年５月
市場とメディアは間もなく実施される英総選挙やトランプ米大統領提訴の可能性、先のサイバー攻撃の話題で持ち切りだが、英国では交渉中のＭ＆Ａ（企業の買収・合併）案件数が増えており、投資継続への意欲も高いように見える。これらの交渉の多くが実現するかは、時が経って初めて分かるだろう。
Read moreA Simple Twist of ATE
This blog considers the pitfalls of over-reliance on ATE cover and suggested solutions.
Read morePart VII transfers – through the FCA's microscope
Draft FCA guidance sheds light on its approach to Part VII insurance business transfers and aims to reduce the time and cost required to undertake a transfer.
Read moreVAT update, May 2017
In this month’s update we report on HMRC’s revised guidance on holding companies’ input VAT recovery, prelaunch trials for the online tribunal appeals service and draft legislation effecting the removal of the “use and enjoyment” rule for the supplies of B2C telecommunication services.
Read morePre-loading the pre-app?
Discussion on the planning pre-app process considering cost and time considerations and the benefits and concerns of going through this initial advice process.
Read moreCustoms and excise quarterly update, May 2017
In this update we report on the launch of the register of approved UK alcohol wholesalers, HMRC’s Customs Information Paper 5 (2017) (CIP 5), which clarifies the correct codes to use when sending free circulation goods to the special territories of the EU, and the new address for HMRC’s National Clearance Hub.
Read moreBCM – Tribunal grants taxpayers' application for closure notices
In BCM Cayman LP and others v HMRC [2017] UKFTT 0226 (TC), the First-tier Tribunal (FTT) directed HMRC to issue closure notices within specified time periods in respect of its enquiries into certain of the applicants' tax returns, pursuant to section 28B, Taxes Management Act 1970 (TMA) and paragraph 33, Schedule 18, Finance Act 1998 (FA 1998).
Read moreThe 21st Century Silk Road – China's Belt & Road Initiative
China's "One Belt, One Road" has attracted widespread attention in Asia since 2013. But what is it about? What are the opportunities ahead? And what should foreign investors be aware of?
Read moreCourt of Appeal overturns decision on confidentiality in Huntington’s case
The Court of Appeal ruled that clinicians treating a man with Huntington’s Disease (HD) may have owed a duty of care to disclose his condition to his daughter and that the case should be remitted for trial.
Read moreWealth and trusts quarterly digest
Our quarterly digest provides up to date commentary and analysis on key sector developments from our tax, wealth and trusts teams.
Read moreYou can't park there!
A summary of the May 2017 Court of Appeal decision in Khodari relating to whether parking permit restrictions can be secured in agreements made under s106 Town and Country Planning Act 1990.
Read moreABL – Tribunal dismisses HMRC's application to vary direction staying related cases
In ABL (Holding) Ltd and Tanias Properties Ltd v HMRC [2017] UKFTT 220 (TC), the First-tier Tribunal (FTT) dismissed HMRC's application to vary the FTT's direction staying over 100 related cases until the determination of the lead appellants' appeals by the Upper Tribunal (UT).
Read moreBarton bets big and loses: sanctions, mitigation and next steps
What is the appropriate sanction for breaching the prohibition on betting on football matches, and what effect will mitigating factors have on the sanction?
Read moreRestrictive Covenants: Public Policy v Legal Obligations
A commentary on the recent case of Millgate Developments v Smith concerning the breach of a restrictive covenant.
Read moreConveyancing liability
The perils of reports on title: Orientfield Holdings Limited v Bird & Bird
Read moreFCA examines blockchain technology in financial services in its new discussion paper
FCA discussion paper on distributed ledger technology and blockchain technology
Read moreCorporate crime – the new offence of failure to prevent tax evasion
At the end of April, the Criminal Finances Act 2017 was passed, bringing to life a new raft of measures aimed at increasing state powers to tackle financial crime. The rules are set to come into force in September 2017 and include new powers to obtain information, share knowledge and recover criminal property. Of most relevance to the professional community is the new power to prosecute corporate bodies whose agents or employees fail to prevent the facilitation of tax evasion carried out by another person, including customers and suppliers.
Read morePushing the (port) limits
The recent case of Navalmar UK Ltd v Kale Maden Hammaddeler Sanayi ve Ticaret AS [2017] EWHC 116 (Comm) essentially re-affirmed the principles set out in the well know case of The Joanna Oldendorff [1973] 2 Lloyd’s Rep 285, dealing with when a vessel was an arrived ship and what must be considered in deciding the limits of the port. However, as this case demonstrates, it remains a matter of fact as to whether a vessel is within the port limits or not.
Read moreBack to first principles: contractual intention
The High Court has denied a claim that €13.5m was due on the basis of an oral contract because there was no evidence of the parties' intention to create legal relations as well as a lack of certainty in relation to certain other fundamental terms which militated against the existence of a binding contract.
Read morePrivate Fund Limited Partnership
Welcome addition of a new investment funds vehicle
Read moreEIA – a new role for the planning system in considering the health impacts of development?
A summary of the EIA Regulations 2017 and the consideration as part of the planning application process of a proposed development's likely impacts on human health.
Read moreSupporting a mentally healthy workforce
In Mental Health Week Heather Rimmer considers how the workplace affects those struggling with their mental health and what businesses can do to help.
Read moreBudget 2017 Amendments to the QROPS Regime - a Further Breach of EU Law
Back in October 2013, I wrote an article for the Tax Journal (18 October 2013, The QROPS Regime and EU Law) in which I argued that the operation of the qualifying recognised overseas pension scheme (QROPS) system, introduced by Finance 2004, breached EU law and was unlawful. The recent changes introduced by the 2017 Budget not only preserve the inherent unlawfulness which has existed in the system since at least October 2008 but introduces a further breach of EU law rights. The background to the October 2013 article was my involvement in representing individuals who had transferred their UK pensions into a fund called ROSIIP.
Read moreA mutual break-up? – Old Mutual drops IT supplier IFDS
Old Mutual Wealth has ditched its IT supplier, International Financial Data Services, on £450 million platform project.
Read moreCorporate tax update, first quarter 2017
Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s Tax team and published quarterly. In this first 2017 edition we highlight some of the key tax developments of interest to UK corporates from the first quarter of 2017.
Read moreThe Proceeds of Crime Act 2002: harsh but fair?
A recent case highlights the dilemma of businesses whose assets are frozen as suspected proceeds of crime.
Read moreWarning: Enhanced Penalties for Financial Sanctions
Penalties for breaching financial sanctions have increased this week (since 2 May 2017) as HM Treasury brings The European Union Financial Sanctions (Enhanced Penalties) Regulation 2017 (the Regulation) into force.
Read moreTax update, May 2017
In this update we report on HMRC’s recently amended guidance on the General Anti-Abuse Rule, HMRC’s draft guidance on the new disguised remuneration provisions in the Income Tax (Earnings and Pensions) Act 2003, and on the recent modifications to the Finance Bill 2017.
Read moreLicensors beware – BlackBerry wins refund of royalties from Qualcomm
Smartphone chip supplier Qualcomm has been ordered to pay back $814.9 million to BlackBerry as part of a binding interim arbitration settlement.
Read moreReining back from last orders - The Protection of Pubs: an update
Provisions in the Neighbourhood Planning Act 2017 for the protection of pubs, including restrictions on changes of use and demolition, updated from the draft Bill.
Read moreUpper Tribunal confirms First-tier Tribunal has jurisdiction to amend tax return
In HMRC v Eric Walker [2016] UKUT 32, the Upper Tribunal (UT) has confirmed that the First-tier Tribunal (FTT) has the power, under section 50, Taxes Management Act 1970 (TMA), to amend a return if it decides the taxpayer is entitled to a smaller repayment than the one claimed.
Read moreThe rise and rise of e-sports
With the announcement that e-sports will be included in the official programme for the 2022 Asian Games, competitive gaming is now a globally significant brand, and the once-derided pastime of playing video games is now a viable, and lucrative, career opportunity.
Read moreTop Tips for Commercial Tenants – Lease Expiry
Commercial advice for business tenants approaching lease expiry
Read moreVAT update April 2017
In this month’s update we report on HMRC’s call for evidence on alternative methods for collecting VAT for online sales, HMRC’s policy on historical VAT bad debt relief claims following the BT and GMAC decisions and the enactment of the insolvency VAT clawback concession. We also comment on three recent cases involving mistake-based claims for unjust enrichment, the VAT treatment of temporary workers and the apportionment of residual input tax for finance houses.
Read moreThe age of the lawyer
Earlier this month Legal Business published its fifth GC Powerlist UK. The intervening 12 months since the last edition have been some of the most seismic in living memory. This is my take – first published in the Powerlist – on some of the implications for General Counsel and in-house lawyers.
Read moreEuro Packaging UK Limited – classification of long-life shopping bags
In HMRC v Euro Packaging UK Limited [2017] UKFTT 0160, the First-tier Tribunal (FTT) allowed the Appellant's appeal against decisions of HMRC relating to the customs duty to be paid on the importation from countries outside the EU of shopping bags and its refusal to remit the customs duty.
Read moreUK Court grants first 'live' blocking order against streaming servers
The Football Association Premier League (FAPL) recently won its application for a court order that the six main retail internet service providers block access to streaming servers until the end of the 2016/2017 Premier League Season. The application covered live streaming only – i.e. it only applies when those servers are streaming infringing content.
Read moreLessons learned from Property Alliance Group v RBS
This article assesses the key aspects of the High Court's judgment and considers their implications for similar claims.
Read moreGuidance on the "cardinal rule" for implying terms
In Irish Bank Resolution Corp Ltd (In Special Liquidation) v Camden Market Holdings Corp the Court of Appeal held that a term could not be implied into an agreement because, although it was linguistically consistent, it was substantively inconsistent with the express terms. In doing so, the court shed further light on the application of the "cardinal rule" that an implied term must not contradict any of the express terms of the contract.
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