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High Court on the Pulse with RCDs

Published on 22 February 2019. By Paul Joseph, Partner and Sophie Tuson, Associate

In the fight between two wearable sports-tech giants, PulseOn v Garmin, the Court of Appeal has confirmed that the High Court correctly applied the test for infringement of Registered Community Designs and that Garmin's sports watch did not infringe PulseOn's design.

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Love (or hate) Data?

Published on 21 February 2019. By Nicola Cain, Partner and Charles Buckworth, Partner and Jonathan Greenway, Associate

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Personal Data and Special Category Personal Data – what has changed? "The course of true love never did run smooth" - Shakespeare, W., A Midsummer Night's Dream The definition of personal data is obviously fundamental to the General Data Protection Regulation (GDPR). When considering data protection, your first question should always be – 'is this data personal data?'

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FCA issues Final Report in the Wholesale Insurance Broker Market Study

Published on 20 February 2019. By Matthew Griffith, Partner and Jonathan Charwat, Senior Associate

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Today, the FCA released its Final Report in its Wholesale Insurance Broker Market Study. The study, which was launched in 2017, considered competition, transparency and conflicts concerns arising from changes in the market, including an increased use of broker facilities.

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From rehabilitative robotics to automated imaging: educating the workforce for the digital future

Published on 19 February 2019. By Emma Kislingbury, Associate

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An independent review into the future impact of digital technology identifies a pressing need for specialist training within the healthcare workforce.

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Is a good arguable case good enough? The Court of Appeal considers the test for establishing jurisdiction

Published on 19 February 2019. By Emma West, Associate and Geraldine Elliott, Partner

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The test for deciding whether a claimant has a good arguable case is relative following the Court of Appeal's decision in Kaefar v AMS Drilling and others.

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Smoke and mirrors? Big Tobacco slip(stream)s back into Formula One sponsorship deals

Published on 18 February 2019. By Stuart Harris, Associate

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RPC reports on Philip Morris and British American Tobacco securing major partnerships with Ferrari and McLaren, prompting investigations into their compliance with domestic and international advertising laws.

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When does an Oscar speech become defamatory?

Published on 18 February 2019. By Harry Collins, Trainee Solicitor

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In recent years, it has become the norm for presenters and winners alike at the Oscars to use their stage time to make political statements. However, politics at the Oscars has not always been so accepted. We take a look here at the shifting attitude of the Academy towards politically-charged speeches, and whether they may cross the legal line into defamation.

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Hegarty – HMRC information notices invalid

Published on 15 February 2019. By Michelle Sloane, Senior Associate

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In Hegarty v HMRC [2018] UKFTT 0774 (TC), the First-tier Tribunal (FTT) has held that HMRC issued invalid information notices under paragraph 1, Schedule 36, Finance Act 2008 (FA 2008), as it did not provide any evidence to support its suspicion that the taxpayers had paid insufficient tax.

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Part Three: Five practical implications of side letters and most favoured nations clauses for fund investors and managers

Published on 15 February 2019.

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In this third and final part of our series on side letters and most favoured nation (MFN) clauses in private equity funds, we examine five practical implications for investors and managers.

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Latin America insights - Ecuador

14 February 2019

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Ecuadorian (re)insurance claims have formed a part of RPC’s Latin American practice for some years.

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Happy Valentine's Day from RPC: Love (or hate) data?

Published on 14 February 2019. By Nicola Cain, Partner and Charles Buckworth, Partner

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So it is that time of year again. Love is in the air - roses, prosecco (if you're lucky, champagne), chocolates (in boxes covered in sickly hearts as though a heart surgeon has gone serial killer – yes, we're big fans of Luther).

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Blog

Supreme Court Refuses to allow a Claim against Lawyers for Loss of a Dishonest Claim

Published on 13 February 2019. By Joe Bryant, Partner and Nick Bird, Partner and Will Sefton, Partner

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On 13 February 2019 the Supreme Court handed down judgment in its first decision on loss of chance principles for 14 years (in Perry v Raleys Solicitors [2019] UKSC 5).

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Publication

Corporate tax update Fourth quarter 2018

12 February 2019

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Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team and published quarterly. In this final 2018 edition we highlight some of the key tax developments of interest to UK corporates from the fourth quarter of 2018.

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Time waits for know-ledge: but what does that mean for limitation?

Published on 12 February 2019. By Davina Given, Partner and Laura Evans, Associate

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Keep limitation under review, Section 14A does not extend the limitation period until each and every breach is identified and a claimant cannot postpone the date of 'knowledge' under Section 14A of the Limitation Act by choosing which breach of duty it relies on.

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Blog

HMRC launches profit diversion compliance facility

Published on 12 February 2019. By Adam Craggs, Partner and Michelle Sloane, Senior Associate

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On 10 January 2019, HMRC launched their Profit Diversion Compliance Facility (PDCF). The PDCF is a new voluntary disclosure facility, aimed at multinational enterprises (MNEs), that provides them with an opportunity to disclose and correct tax inaccuracies relating to profits diverted out of the UK.

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Publication

General liability newsletter February 2019

11 February 2019

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The latest general liability news coming out of the courts.

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Hymanson – HMRC's decision to revoke the taxpayer's fixed protection was unreasonable

Published on 11 February 2019. By Constantine Christofi, Associate

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In G Hymanson v HMRC [2018] UKFTT 667, the First-tier Tribunal (FTT) has held that HMRC’s decision to revoke the taxpayer's fixed protection was unreasonable and directed that it be reinstated. In so finding, the FTT applied the equitable maxim ‘that which should be done should be treated as having been done’.

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Blog

"Move fast and break things" (just not patients)

Published on 08 February 2019. By Peter Rudd-Clarke, Legal Director

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The AoMRC's report on Artificial Intelligence in Healthcare presents dilemmas for clinicians, hospital and industry

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Blog

Can you sell an Oscar?

Published on 08 February 2019. By Lucy Baughan, Trainee Solicitor

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An Academy Award (an Oscar) is one of the most prestigious accolades which a person in the film industry can receive. The awards symbolise tradition, exceptional quality and exclusiveness. Leaving the film reviews to the Academy itself, we focus on what is behind the Oscars brand: what the brand stands for and the steps the Academy has taken to protect the brand's integrity.

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Publication

Tax update - February 2019

05 February 2019

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In this month’s update we report on (1) an Economic Affairs Committee report on treating taxpayers fairly; (2) HMRC’s extension of the deadline for responses to its consultation on the taxation of trusts; and (3) the Law Society’s practice note on the offence of failure to prevent the criminal facilitation of tax evasion. We also comment on three recent decisions relating to (1) the principles governing disclosure in the context of tax appeals;(2) business property relief under the Inheritance Tax Act 1984; and (3) the closure of an HMRC enquiry which was “drifting aimlessly”.

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Blog

Drafting a contract? Beware the well-intentioned but unenforceable agreement to agree

Published on 05 February 2019. By Jonathan Cary, Partner and Rebecca Birkby, Senior Associate

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"Such period as shall reasonably be agreed between (the parties)" is an agreement to agree and therefore unenforceable according to the Court of Appeal in Philip Morris v Swanton Care & Community Limited.

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Wilsons – HMRC unable to obtain law firm's records

Published on 04 February 2019. By Constantine Christofi, Associate

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In Wilsons Solicitors LLP v HMRC [2018] UKFTT 627 (TC), the First-tier Tribunal (FTT) has held that the obligation to keep records under the Money Laundering Regulations 2007 (MLR) does not make a law firm a relevant data-holder for the purposes of HMRC's data-gathering powers.

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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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LOIs and liability for inducement of breach of contract

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

Published on 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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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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Part Two: Side letters and fundraising

Published on 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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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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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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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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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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What lies ahead for the construction industry in 2019?

Published on 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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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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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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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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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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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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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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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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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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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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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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