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Administrative Court quashes HMRC's refusal to disclose information

Published on 29 May 2014. By Oliver Knox, Senior Associate

In R (on the application of Privacy International) v The Commissioners for HM Revenue and Customs,[1] the Administrative Court has quashed a decision by HMRC that it did not have a duty to disclose information concerning its export control functions.

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Games content rating pricing: TIGA keeps pressure on PEGI

Published on 29 May 2014. By David Cran, Partner

TIGA, the trade association which represents the UK video game industry, has increased the pressure on PEGI, the European game content rating system, to change its pricing policy.

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Is mindfulness good for business?

28 May 2014

Ask yourself this question, when did you last take the time to sit still for one minute and completely quiet your mind?

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Ignorance of the lawyer is no excuse

28 May 2014

Unsurprisingly, the Court of Appeal has found that inadequate legal representation, like ignorance of the law, is no excuse.

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Battle for better regulation continues with parliamentary inquiry

27 May 2014

In an apparent continuation of the Government's push to make regulators and regulation more cost-effective and business-centric, the Regulatory Reform Committee, a House of Commons select committee controlled by the Government, has announced an inquiry into the Government's Better Regulation framework.

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Supreme Court clarification on follow-on damages claims timing

Published on 27 May 2014. By Andy McGregor, Head of Civil Fraud

On 9 April 2014, the Supreme Court, reversing the Court of Appeal's decision, ...

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FCA findings on conflicts management in the commercial SME sector: encouraging, but only the start?

27 May 2014

The most surprising thing about today's FCA report on its conflicts of interest review in commercial insurance is the number of SMEs who arrange insurance through an intermediary.

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Tribunal criticises HMRC for producing 'untruthful' records

22 May 2014

In Kestrel Guards Limited v Revenue & Customs [2014] UKFTT 184 (TC) the First-tier Tribunal (Tax Chamber) ("FTT") allowed the taxpayer's appeal and discharged a penalty which had been imposed by HMRC for the late filing of PAYE cheques.

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Broker conflicts: thematic review– what can we expect?

Published on 22 May 2014. By Andrew Price, Senior Associate

The FCA will on 27 May 2014 be publishing its findings from its thematic review of broker conflicts of interest and remuneration in the UK SME general insurance sector. We will report on the review as soon as possible after publication.

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No damages for the solicitor whose private information was misused by a prostitute whom he'd short-changed

21 May 2014

In an unusual privacy claim decided last week, the High Court dismissed the majority of a solicitor's claims against a prostitute for misuse of private information, harassment, breach of confidence and breach of contract.

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A 'lush' result for Cosmetic Warrior; another 'bomb' for Amazon

Published on 21 May 2014. By Paul Joseph, Partner and Ben Mark, Partner

Following a recent defeat in the High Court,

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Osborne keeps up the pressure on the FCA and PRA with enforcement review

20 May 2014

A month after bringing the Regulator's Code into force as statutory guidance, George Osborne has announced that the Treasury will undertake a major review of enforcement decision-making at the FCA and the PRA.

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The end of 'excessive' executive pay?

19 May 2014

Executive remuneration has been a long standing concern of shareholders as they believe the level of remuneration received by executives and directors can be 'excessive' and is not always aligned with the performance of a company.

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Searching for answers – Google v Gonzalez

16 May 2014

Data protection unusually made headline news yesterday when the Grand Chamber of the European Court of Justice (the ECJ) handed down its landmark judgment on Google Inc. v. Mario Costeja González.[1]

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Interim decision in SFO's battle with Tchenguiz brothers

Published on 16 May 2014. By Alan Williams, Partner

"They wanted to get some scalps …. And now I'm going to butcher them"

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Are you a leader or a follower? - Tribunal gives guidance on the Rule 18 Lead Case procedure

15 May 2014

In the recent case of General Healthcare Group Limited v HMRC,[1] the First-tier Tribunal (Tax Chamber) ('FTT'), considered the application of Rule 18 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules (2009/273) ('the Rules') to follower cases where the lead case has chosen not to appeal the decision of the FTT.

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Arck advice could lead to a flood of claims

Published on 15 May 2014. By David Allinson, Senior Associate

There have been some recent developments in the on-going saga involving Arck LLP, Yorkshire bank and around 400 disgruntled investors.

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Blog

Agency corked

14 May 2014

In Bailey & Ors. (Joint Liquidators of D&D Wines International Limited) v Angove’s Pty Limited [2014] EWCA Civ 215, ...

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Print your heart out

Published on 12 May 2014. By Emma Kislingbury, Associate

All chocoholics will know that feeling of overwhelming panic when, in desperate need of a chocolate fix, you discover the cupboards are empty.

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Product trade mark registrations on the up as firms fight back from the bottom of the financial crisis

09 May 2014

As the sector fights back from the financial crisis, firms are starting to launch new products, investing heavily in intellectual property protections and differentiating their products through branding.

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First-tier Tribunal Strips Club of VAT Relief

09 May 2014

More exotic facts than are typical for a VAT case reached the First-tier Tribunal (Tax Chamber) (the FTT) last month.

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Advocate General fashions a designer-friendly Opinion in Karen Millen v Dunnes Stores

Published on 08 May 2014. By Jeremy Drew, Partner and Ciara Cullen, Partner

An Advocate General of the CJEU has recently handed down his Opinion following a referral from the Irish High Court in the case of Karen Millen v Dunnes Stores.

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Offshore Ombudsman Part II: busman's holiday continues in Jersey

07 May 2014

The creation of a joint Office of the Financial Services Ombudsman ("OFSO") for Guernsey and Jersey took a step closer on 1 April 2014 as the States of Jersey approved the Financial Services Ombudsman (Jersey) Law 201.

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Will Prince Charles's musings see the light of day?

07 May 2014

R (Evans) v Attorney General 2014 EWCA 254

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Vitol Bahrain v Nasdec General Trading: Commercial Court declines jurisdiction

02 May 2014

In the recent decision of Vitol Bahrain EC v Nasdec General Trading & Others the Commercial Court reaffirmed the need for caution when considering whether to bring foreign defendants within the jurisdiction of the English courts.

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New Regulators' Code

02 May 2014

As my colleague Sam Bishop has commented on our Financial Services Blog, the new Regulators' Code imposed by the government in April may have a marked impact on the direction of the FCA and PRA's regulatory approach, and in particular on the importance of economic growth.

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Blog

Deutsche Bank and UBS tax avoidance schemes succeed

Published on 01 May 2014. By Natalie Drew, Senior Associate

The cases of DB Group Services (UK) Limited v HMRC and HMRC v UBS AG[1] were heard together by the Court of Appeal in November 2013 and the decision was published last month.

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Blog

Government tries to tame the regulators

30 April 2014

The new Regulators' Code, first published by the aptly named Better Regulation Delivery Office in July 2013, came into statutory force on April 6.

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FCA takes on the competition with appointment of former CEO of Competition Commission

25 April 2014

The FCA has dispelled any doubts about how seriously it intends to take its new competition objective by announcing the appointment of David Saunders...

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Blog

Protection for Partners – which way will the wind blow?

24 April 2014

The Supreme Court's decision in the case of Clyde & Co v Bates van Winkelhof is eagerly awaited by partnerships, LLPs and those who advise them on their internal procedures.

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Tribunal sets aside HMRC information notice for lack of clarity

Published on 23 April 2014. By Natalie Drew, Senior Associate

R D Utilities Ltd v HMRC [2014] UKFTT 303 (TC)

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Right time for UK REITs

22 April 2014

Real Estate Investment Trusts ("REITs") are listed companies that invest in physical property, typically commercial real estate.

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Right time for UK REITs

22 April 2014

What are REITs? Real Estate Investment Trusts ("REITs") are listed companies that invest in physical property, typically commercial real estate.

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The latent costs of Osborne's pension overhaul

Published on 22 April 2014. By William Jones, Senior Associate

“No caps. No drawdown limits. Let me be clear. No one will have to buy an annuity."

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Blog

Has the Weller case created an image right in relation to the facial expressions of children?

Published on 17 April 2014.

The singer Paul Weller, acting on behalf of three of his children, was successful in his privacy action against Associated Newspapers Limited (ANL) in relation to seven unpixellated photographs of the children and their father out shopping on a public street and relaxing in a café in Los Angeles.

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Restrictive Covenant Clause Enforced Despite it Containing a Drafting Error

17 April 2014

The High Court has just handed down its judgment in the case of Prophet Plc v Huggett.

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Consumer credit cards: FCA questions whether we are getting a fair deal

16 April 2014

Martin Wheatley, Chief Executive of the FCA, speaking last week at the Credit Today Credit Summit, announced that the FCA would be launching a full-scale competition review into the UK's £150bn credit card market before the end of 2014.

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Blog

The New Draft ICC Conditions

Published on 16 April 2014.

A new and updated version of the Infrastructure Conditions of Contract (ICC Conditions) was issued in consultative draft form for comment in March 2014 by the ICC Development Forum.

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The New Draft ICC Conditions

Published on 16 April 2014.

A new and updated version of the Infrastructure Conditions of Contract (ICC Conditions) was issued in consultative draft form for comment in March 2014 by the ICC Development Forum.

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Blog

HMRC’s computer says no!

16 April 2014

In Varma v HMRC [2014] UKFTT 006 (TC), the First-tier Tribunal (Tax Chamber) ('FTT') quashed a penalty that had been issued to a taxpayer for late filing of a self-assessment tax return.

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A lack of goodwill for Medical Professionals

14 April 2014

Over recent years increasing numbers of medical professionals have sought to incorporate their private practices for perceived tax advantages.

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Painting by numbers – Court of Appeal dismisses HMRC's appeal

11 April 2014

The Court of Appeal has dismissed HMRC's appeal in Lord Howard of Henderskelfe's Executors v Revenue and Customs Commissioners [2014] EWCA Civ 278 and confirmed that, as the Portrait of Omai by Sir Joshua Reynolds ('the Portrait') was a wasting asset within the meaning of section 44 Taxation of Capital Gains Tax Act 1992 ('TCGA'), no capital gains tax ('CGT') charge arose on its disposal for £9.4m.

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ICO urges app developers to respect users' privacy

Published on 11 April 2014. By Mark Crichard, Partner

Gray tint 3

The Information Commissioner's Office (ICO) has published guidance[1] aimed at helping mobile app developers comply with the Data Protection Act 1998 (DPA) and ensure that the privacy of app users is protected.

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Net contribution Clause: Court of Appeal Guidance

11 April 2014

The recent Court of Appeal decision in West v Ian Finlay and Associates has confirmed that a properly drafted net contribution clause ("NCC") is a valid and enforceable contractual term.

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New LCIA Rules 2014, draft in consultation

Published on 10 April 2014. By Rebecca Birkby, Senior Associate

The LCIA has released its draft of the new Arbitration Rules, which will be considered by the LCIA Court at its meeting next month on 9 May 2014.

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Is your boss a psychopath?

Published on 10 April 2014. By William Jones, Senior Associate

In the very unlikely event that you have answered in the affirmative, that partner may form part of the 4% of senior business managers who are on the psychopathic spectrum.

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Blog

Costs consequences of acceptance of a claimant's part 36 offer

Published on 09 April 2014. By Laura Martin, Senior Associate

The High Court in Haynes v Department for Business Innovation and Skills has allowed an appeal against a decision on the eighth defendant's liability for costs following its acceptance of the claimant's offer under part 36 of the CPR.

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FCA 'game changer' set to discipline add-on markets

08 April 2014

The FCA has published its third Occasional Paper describing the new experimental approach it took in its add-ons market study, where for the first time it used behavioural economics to assess how selling insurance as an add-on affects consumer decisions. This raises key implications for insurers.

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Is an Old Master the same as office chair? The devil's in the detail

Published on 07 April 2014. By Davina Given, Partner

In March 2014, the English Court of Appeal determined that Omai, an 18th century masterpiece by Sir Joshua Reynolds, was an item of "plant or machinery" and a "wasting asset", no different from other trade equipment such as tables, chairs and cars.

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High Court holds that HMRC's winding up petition should be dismissed as an abuse of process.

03 April 2014

The High Court (David Donaldson QC) has held in Enta Technologies Limited v HMRC [2014] EWHC 548 (Ch), that where a winding-up petition was brought by HMRC ...

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