Search
Pensions, pensions, and yet more pensions in the FCA's Business Plan
The FCA has published its Business Plan for 2015/2016.
Read moreRegistering the effects of the MLRs
A recent case is a stark reminder of the wide-reaching impacts of the Money Laundering Regulations 2007.
Read moreLitigation meets regulation
In an ever more regulated world, commercial litigators need to be aware of both the risks and opportunities regulation may bring.
Read moreNon-exclusive jurisdiction clauses in cross-border agreements
Hong Kong courts adopt robust approach to uphold parties' contractual bargain as to their choice of forum
Read moreAvoidance scheme effective despite HMRC's attempt to rely on Ramsay
In Gemsupa Limited and Consolidated Property Wilmslow Limited v HMRC [2015] UKFTT 0097 (TC) ...
Read moreDo not-so smart pension reforms mean FCA wants pensioners to be ScamSmart?
Less than two weeks after Martin Wheatley's speech identifying April's 'big bang' pension reforms as "[t]he defining challenge of our time" ...
Read moreBudget 2015 - impact on insurance
George Osborne's announcement on Wednesday set out at least two areas of potential impact for the insurance industry.
Read moreTribunal confirms no penalty for implementing tax avoidance scheme
In the recent case of Herefordshire Property Company Ltd v HMRC1, the First-tier Tribunal (Tax Chamber) ("FTT") allowed the taxpayer's appeal ...
Read moreSupreme caution required when applying double identity rule
A recent High Court decision1 not only demonstrates the difficulty for trade mark owners in enforcing descriptive trade marks (and the risk that those trade marks may be found to be invalid) but also highlights potential pitfalls where trade marks co-exist within the same market.
Read moreUnrealistic expectations? - FCA research highlights investors' lack of understanding of structured products
Findings published by the FCA beg the question, are firms are doing enough to ensure that customers understand structured products before investing?
Read moreFCA prepares for Consumer Rights Act
The FCA last week removed much of its unfair contract terms guidance and a number of undertakings (mainly relating to the mortgage and investment sectors) from its unfair contract terms library, citing the need to update them in light of, amongst other things, the unfair contract terms provisions in the Consumer Rights Bill and the CMA's 2015 guidance consultation on those provisions.
Read moreHong Kong expected to introduce mandatory low-sulphur fuel regulations
Many vessels currently calling to Hong Kong voluntarily burn low-sulphur fuel, in return for financial incentives under a scheme introduced by the Government in 2012.
Read moreCMA call for information on use of online reviews
Online reviews: love them or hate them, there is no escape. Products, services, large multinationals, SMEs, online or offline, almost everyone is being judged these days.
Read moreImportant judgment on liquidators' ability to obtain documents
In an important judgment handed down recently by the Court of First Instance in Hong Kong, ...
Read moreTribunal finds in favour of property developer who was not trading
In Terrace Hill (Berkeley) Ltd v HMRC[1], the First-tier Tribunal ("the FTT") rejected HMRC's arguments and concluded that a property developer's activity in relation to the development of an office property was an investment rather than a trading activity and allowed its appeal.
Read moreNew Senior Managers' Regimes to kick off in early March 2016
The FCA and PRA have taken their most significant step to date in the relentless pursuit of greater accountability of senior management and the promotion of good governance and culture.
Read moreReflex actions: Plaza BV -v- The Law Debenture Trust Corporation
The recent judgment of Mrs Justice Proudman in Plaza BV –v- The Law Debenture Trust Corporation1 illustrates and extends a line of authorities in which the English courts have sought to narrow the scope of the mandatory application of Article 2 of the Brussels Regulation 44/2001.
Read moreSolicitors' responsibility for conveyancing credit risk denied by the High Court
In a transaction the claimant's own counsel described as 'murky', the High Court has dismissed a negligence claim against solicitors for the alleged failure to make further enquiries regarding the solvency of the vendor:
Read more91 year-old activist and angry neighbour: Supreme Court looks at police retention of personal data
Case report: R (Catt) v Commissioner of Police of the Metropolis and ACPO and R (T) v Commissioner of Police of the Metropolis [2015] UKSC 9
Read moreJuncker's Utopia: a virtual Europe without borders
It is 2015 and the relentless appetite for consumption of content has never been greater.
Read morePart 36 – Make your offers early
A recent judgment has highlighted the importance of early timing in the making of Part 36 offers.
Read moreBond schemes or Bond cars?
For the ultra-wealthy, the path of pursuing traditional investments is well-trodden. From stocks and shares, to bonds and real estate, there is no shortage of ways and means to play the market.
Read moreFashioning a market – the impact of London Fashion Week on high street retailers
London Fashion Week (LFW) has closed its doors once again for another 6 months before fashion's greatest and most celebrated designers return to showcase their S/S16 collection on 18 September 2015.
Read moreCompeting agendas? How the FCA, PSR and CMA plan to work together
In mid-February, the UK investment and corporate banking sector braced itself for yet another regulatory investigation, as the FCA announced its plans to launch a wholesale market study into the industry in Spring 2015.
Read moreTax avoidance scheme succeeds before the Upper Tribunal
In Tower Radio Limited and another v HMRC[1], the taxpayers successfully utilised a scheme which was designed to take advantage of Part 7 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA).
Read moreICO fines online travel insurer £175,000 for failing to keep customers’ personal information secure
The Information Commissioners Office (the “ICO”) has fined Staysure.co.uk Limited (“Staysure”), an online travel insurance company, £175,000 for its failure to comply with the seventh data protection principle, after IT security failings allowed hackers to access up to 100,000 customer financial records.
Read morePensions Freedoms and the Second Line of Defence – some flesh on the bone
In late January the FCA issued a Dear CEO letter to pension providers, proposing new protections to be provided to consumers seeking to access their pension pot when the new pension freedoms are introduced from 6 April 2015.
Read moreTaxpayer successfully relies on human rights argument to defeat HMRC following the taxation of the same profits twice
The appellant, in Ignatius v HMRC[1], has successfully fought off an attempt by HMRC to strike out his appeal, by relying on the European Convention on Human Rights ("ECHR").
Read moreSenior insurance managers regime – proposals for NEDs
Last year, we reported on proposals for a new senior insurance managers' regime ('Senior insurance managers - all change!').
Read moreShared parental leave: switching the boardroom for baby care
Nick Clegg’s new baby - shared parental leave - has been born and, would-be dads, it means you can now spend almost a year off work with your bundle of joy. Why then, are you all so keen to stay at the office?
Read moreAn uncharacteristic appeal: Ocean Victory decision reversed
Charterers (and their insurers) concerned by the first instance decision in The "Ocean Victory" may rest a little easier following the successful appeal which saw Daiichi Chuo overturn a judgment of over US$130 million against them.
Read moreA step closer to ring-fencing of banking activities?
The Government has taken some tentative steps towards ensuring ring-fenced banks cannot become liable for the pension schemes of other entities.
Read moreThe fraudsters are back – they never left!
In July 2014 we warned about fraudsters targeting solicitors to gain access to their client account
Read moreScheming for foreign companies
In the recent case of Re LDK Solar Co Ltd,(1) Justice Lam considered the approach that the court should take in deciding whether to invoke its jurisdiction to approve an arrangement or compromise between a foreign company and its creditors or members.
Read moreHigh Court criticises HMRC's conduct and compels it to honour its undertakings
The published judgment in Abbey Forwarding[1] will not make for comfortable reading for HMRC.
Read moreApps: regulators globally push for data transparency
“Not in front of the telly: Warning over ‘listening’ TV”.
Read more"Horse play" – Tribunal concludes that racehorse ownership was a gamble and not a trade and rejects the taxpayer's loss relief claim
In recent years, there has been a seemingly unending string of cases relating to whether certain activities constitute trading.
Read moreTaking the parody?
In October last year, the time honoured British tradition of taking the mickey became enshrined within our legal system as the law was updated to include a parody exception to copyright infringement.
Read moreUK VAT changes following Skandia decision
On Tuesday this week, HMRC confirmed a change to the UK VAT treatment of intra-entity supplies of services, from 1 January 2016.
Read moreCivil Appeals - one shot as of right only
The right of appeal to the Court of Final Appeal (CFA) with respect to final judgments of the Court of Appeal amounting to HK$1 million or more has been repealed as of 24 December 2014.
Read moreHigh street consumers grant HMV a second chance
Music and entertainment retailer HMV has posted a 17.5 percent increase in sales for 2014, making it the UK's biggest seller of physical music and signalling a triumphant comeback following its decline into administration in 2013.
Read moreSFC provides further guidance on Corporate Professional Investor Regime
As noted in my blog dated 3 October 2014 concerning the SFC's conclusions on professional investors and client agreements (link), the SFC is looking to enhance the protection afforded to professional investors who are not institutional investors.
Read moreA perk too far?
Tech companies have become known for their unconventional benefits packages, which seem to attract envy and disdain from the general public in equal measure.
Read moreOut of court settlement may lead to adjustment in CGT liability
The Court of Session has found in favour of the taxpayer in Sir Fraser Morrison v HMRC[1] ...
Read moreAn Enterprising look at survey evidence
True to form, Mr. Justice Arnold's recent judgment in Enterprise Holdings Inc v. (1) Europcar Group UK Limited (2) Europcar International SASU [2015] EWHC 17(Ch) runs to an extensive 227 paragraphs.
Read morePI Insurer Liable to indemnify firm of solicitors in respect of loans made to its clients by a finance company
The Court of Appeal has this week handed down its decision in Impact Funding Solutions Ltd v Barrington Support Services Ltd, which is a case that has sparked a lot of interest since the first instance judgment was delivered back in December 2013.
Read moreSharing is caring (with a fee)
Sleeping on a stranger’s sofa; sharing a ride; borrowing a dog for the day. These seem like rather strange concepts, but they are all examples of a huge new "sharing economy" where people rent beds, cars, boats and other assets directly from each other via the internet.
Read moreNew powers to audit NHS authorities' data protection compliance
From 1 February 2015, the ICO will be able to subject public healthcare organisations to compulsory audits of their data protection compliance under section 41A of the Data Protection Act 1998.
Read moreHigh Court considers jurisdiction over non-EU defendant in proceedings also including domestic defendants
The decision in Jong v HSBC Private Bank (Monaco) SA and others[i]serves as a useful reminder that the Court will be guided by the substance, and not the form, of proceedings when considering questions of jurisdiction.
Read moreNo discretion to extend time to appeal registration of foreign judgments
In Taylor-Carr -v- Howkins & Harrison LLP[1], it was held that the English courts have no power to extend the time for appealing against the registration of a foreign judgment under Council Regulation 44/2001, which permits judgments in one member state to be enforced in another.
Read more