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Publication

Wyscout Forum London 2013 - Image is everything

12 June 2015

What are image rights?

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Publication

Virtual roundtable with Corporate Livewire: Sport Law 2015

12 June 2015

In our Sports Law Roundtable we spoke with four experts from around the world to discuss recent regulatory changes and interesting developments across their field of work.

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Blog

A sting in the tail: ACAS Early Conciliation requirements take their toll on unwary Claimants

Published on 11 June 2015. By Claire Revell, Senior Associate

The ACAS Early Conciliation Scheme came into force in April 2014 and has been lauded for its part in the significant reduction in Employment Tribunal claims in the last year.

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Blog

Tribunal confirms tax relief for expenditure incurred on R&D

Published on 10 June 2015. By Adam Craggs, Partner

In Pyreos Ltd v HMRC[1], the taxpayer has successfully appealed HMRC's decision to disallow tax relief for expenditure incurred on research and development ("R&D").

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Blog

One-stop adjudication – the rational approach to dispute resolution

Published on 10 June 2015. By Simon Hart, Partner

The Commercial Court has found[1] that an arbitration clause in a consultancy services agreement was superseded by a dispute resolution clause in a later settlement agreement;...

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Blog

MGN appeals against hacking awards in Gulati case

Published on 10 June 2015.

MGN today sought permission to appeal against the very large awards of damages made by Mr Justice Mann in the eight test claims in the hacking litigation arising out of voicemail interception at Mirror Group Newspapers.

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Blog

Private Equity Acquisitions - Asset Stripping Rules

05 June 2015

It is almost a year since the Alternative Investment Fund Managers Directive (AIFMD) became fully effective in the UK.

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Publication

Tax update

03 June 2015

Types of financial insitutitons and automatic exchange of information

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Publication

Getting to Level 2

03 June 2015

What insurers should look out for in BIM project management

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Blog

Defendants receive custodial sentences for contempt of court in VAT case

03 June 2015

In the recent case of HMRC v Munir & Others[1], HMRC successfully applied to the Court for committal of three company officers for contempt of court where an order appointing a provisional liquidator was knowingly breached.

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Blog

Two jurisdictions for the price of one? The English Court of Appeal provides guidance on conflicting jurisdiction clauses in related contracts

Published on 03 June 2015. By Davina Given, Partner

In Trust Risk Group SpA v AmTrust Europe Limited[1] the Court of Appeal has rowed back from the presumption that parties who have agreed differing jurisdiction arrangements for their disputes intended their disputes to be governed by one regime.

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Publication

Getting to Level 2

03 June 2015

What insurers should look out for in BIM project management

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Publication

Flood Re: the impact of the scheme on surveyors and valuers

02 June 2015

The catastrophic impact that flooding can have on property owners has been seen all over the news for the past decade. In particular, 2012 saw some of the wettest weather for a century and left thousands of households struggling to find insurance cover for their properties.

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Publication

Flood Re and the impact on surveyors and valuers

02 June 2015

The catastrophic impact that flooding can have on property owners has been seen all over the news for the past decade. In particular, 2012 saw some of the wettest weather for a century and left thousands of households struggling to find insurance cover for their properties.

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Blog

Can concessions heal the high street?

Published on 02 June 2015. By Henry Priestley, Senior Associate

Typically, concessions are used by retailers to incorporate third party brands into their retail space and broaden the range of products on offer to their target consumers.

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Blog

Good news from Geneva for Geographical Indications

Published on 29 May 2015. By Paul Joseph, Partner

A Diplomatic Conference held in Geneva in May 2015 has resulted in a new act being adopted which will revise the Lisbon System and provide additional protection and an international registration system for Geographical Indications.

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Blog

RPC responds to PRA's consultation paper concerning powers over auditors and actuaries

Published on 29 May 2015. By Davina Given, Partner

In a recent blog we noted that the PRA had outlined in a consultation paper its plans to introduce two significant changes for auditors and actuaries.

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Blog

Claims handling review could lead to past business reviews

29 May 2015

The FCA's report on its thematic review into claims handling in the SME market highlights shortcomings but with reassuringly little sabre rattling.

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Blog

Letting Go Of The Wheel

Published on 28 May 2015. By Emma Kislingbury, Associate

If you are someone who finds yourself regularly gripping the car steering wheel in frustration or mouthing obscenities at your fellow road users in a frenzied rage, then you may have welcomed the recent launch of the UK trials for driverless cars.

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Blog

Tribunal concludes that HMRC's information request was too vague and ambiguous

Published on 28 May 2015. By Adam Craggs, Partner

There were two matters before the First-tier Tribunal (Tax Chamber) ("FTT") in Couldwell Concrete Flooring Limited v HMRC[1].

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Blog

Is credible deterrence really working? And other questions arising from a mixed week for the FCA

28 May 2015

Even though the FCA was able to trumpet that it had imposed its highest ever fine and that it had been successful in two decisions handed down by the Upper Tribunal, things have not gone entirely the regulator's way in the past week or so.

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Publication

Beyond night and day: The importance of causation

27 May 2015

In order to succeed in a claim for professional negligence, a claimant must establish that the professional owed him a relevant duty of care, that they breached that duty and that the breach caused the loss he seeks to recover.

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Publication

VAT update

27 May 2015

Digital Single Market Strategy published by European Commission

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Blog

Meaning of information of a precise nature in market abuse clarified by ECJ

27 May 2015

Following a recent ECJ decision, the definition of 'inside information' for the purposes of the EU's market abuse regime has been widened.

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Publication

Products update

27 May 2015

News

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Publication

Beyond night and day: Importance of causation

27 May 2015

In order to succeed in a claim for professional negligence, a claimant must establish that the professional owed him a relevant duty of care, that they breached that duty and that the breach caused the loss he seeks to recover.

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Publication

Legislative changes in effect today: what IPs need to know

26 May 2015

Previously under section 165 IA 86, liquidators in a voluntary winding up would have to seek sanction of the company (in members’ voluntary liquidation) or of the court or liquidation committee (in creditors’ voluntary liquidation) in order to exercise their powers to pay debts, compromise claims etc.

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Publication

Mesothelioma recoveries

26 May 2015

Balancing the anomalies

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Publication

Financial Litigation roundup

26 May 2015

Welcome to the latest edition of our Financial Litigation roundup.

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Blog

Record FRC fine slashed on appeal

Published on 21 May 2015. By Tom Lloyd, Senior Associate

The Financial Reporting Council (FRC) has long followed the trend amongst financial regulators for increasing scrutiny of firms' financial and professional compliance.

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Blog

Appeal court considers constructive knowledge in limitation period extension claim

Published on 21 May 2015. By Geraldine Elliott, Partner

The Court of Appeal* has recently held that an individual investor was too late to bring a claim in negligence and could not take advantage of the provisions of section 14A Limitation Act 1980 as she had constructive knowledge of relevant facts ascertainable during the primary limitation period.

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Blog

Scraping the bottom of the barrel? The uncertain future of the UK energy industry after the 2015 election

20 May 2015

Before the Scottish independence referendum, Alex Salmond argued that an independent Scotland would benefit from a stronger economy off the back of its oil and gas resources.

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Blog

Expert witnesses required to disclose professional relationship

Published on 20 May 2015. By Adam Craggs, Partner

In the recent case of EXP v Dr Charles Simon Barker [2015] EWHC 1289 (QB), the High Court has emphasized the importance of the independence of expert witnesses and of disclosing any conflicts of interests at the earliest opportunity.

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Blog

FOS by numbers

Published on 20 May 2015. By George Smith, Senior Associate

The FOS has published its 2014/15 annual review, setting out a plethora of fascinating statistics about the service.

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Blog

Section 14A: Equity aids the vigilant!

Published on 19 May 2015. By Aimee Talbot, Associate

The recent Court of Appeal case of Chinnock –v- Veale Wasbrough [2015] EWCA Civ 441 is a stark reminder to potential claimants to seek a second opinion if they are dissatisfied with their legal advice, or risk the consequences.

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Blog

New law and regulation adding to insurers' regulatory woes

18 May 2015

The publication of the FCA's report on the impact of consumer credit regulation on the retail general insurance market adds another interesting dimension to a sector already under increasing regulatory scrutiny following recent legal developments, such as the imminent coming into force of the Insurance Act 2015.

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Blog

Still no joy for investors' mis-selling claims

Published on 18 May 2015. By Jonathan Cary, Partner

In the latest alleged mis-selling case in Hong Kong, the Court of First Instance maintained a consistent approach with other recent cases, rejecting an investor's claim based on misrepresentation and suggesting that the principle of contractual estoppel is alive and well.(1)

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Blog

Marketing to professional investors – the Court of Final Appeal's verdict

Published on 18 May 2015. By Jonathan Cary, Partner

In Securities and Futures Commission v Pacific Sun Advisors Ltd, the Hong Kong Court of Final Appeal recently ruled that the advertisement of a collective investment scheme intended to be disposed of only to professional investors ...

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Blog

FCA Authorisation team should share its findings from P2P applications

15 May 2015

The FCA's authorisation process is quite opaque and does not give the regulator much latitude to comment upon individual applications.

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Blog

Spot the Difference? Uncertainty continues for SIPP administrators and trustees in the wake of the Berkeley Burke decision

Published on 14 May 2015. By Rachael Healey, Partner

Please see our latest legal alert following the recent Pensions Ombudsman decision on the duties of SIPP Trustees when it comes to SIPP investments.

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Blog

FCA finds shortcomings in premium finance services to insurance market

14 May 2015

The FCA published earlier this week its thematic review report on the provision of premium finance to retail general insurance customers.

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Blog

Digital content under the new Consumer Rights Act

Published on 14 May 2015. By Oliver Bray, Partner

The Consumer Rights Act 2015 (CRA) comes into force on 1 October 2015. It will reform consumer law in the UK, in particular by setting up new consumer rights and remedies in respect of digital content.

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Blog

European Commission announces a Digital Single Market by 2016

Published on 13 May 2015. By Paul Joseph, Partner

On 6 May 2015, the European Commission released its Digital Single Market Strategy (DSMS) for Europe.

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Blog

Tribunal orders HMRC to pay taxpayers' costs in avoidance case

Published on 13 May 2015. By Adam Craggs, Partner

In our blog of 3 July 2014, we reported on the decision of the First-tier Tribunal ("FTT") in R, A and M Gardiner v HMRC[1].

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Blog

FCA approval times for firms expanding into new business lines up by 85% in two years

11 May 2015

Based on information obtained from the FCA the time taken to authorise a financial services business adding an additional business line has increased by 85% in the last two years - 18.5 weeks in Q4 2014, up from 10 weeks in Q1 2013.

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Blog

Diverted Profit Tax - captive insurers

08 May 2015

Following on from our earlier blog, the HMRC has published interim draft guidance which expands on how the Diverted Profit Tax (DPT) may apply to insurance arrangements, including a number of sector-specific scenarios.

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Blog

Russell Brand v Katie Hopkins

Published on 07 May 2015. By Genevieve Isherwood, Associate

Whether we like it or not, celebrities can wield a great deal of power and influence; on the clothes we wear, the films we see or the products we buy.

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Blog

Court of Appeal issues guidance on the meaning of "sham" in pension scheme case

Published on 07 May 2015. By Robert Waterson, Partner

In R v Quillan and others [2015] EWCA Crim 538, a complex fraud case, the Court of Appeal, in ruling that there was no case to answer, provided some helpful comments on the requirements of "sham".

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Blog

We have all the time in the world: the Supreme Court rules that a wife can pursue a financial settlement from her husband 23 years after they divorce

Published on 07 May 2015. By Claire Revell, Senior Associate

The Supreme Court recently week handed down its decision in Wyatt v Vince, a case which has troubled both the headlines and anyone that divorced in the last decade or two.

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Blog

Good Russian Service

Published on 07 May 2015. By Alan Williams, Partner and Andy McGregor, Head of Civil Fraud

Following the decision in Sloutsker v Romanova[1], it should now be more difficult for parties to evade the effective service of English court documents in Russia.

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