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Want to Control the Future?

10 December 2013

A seller commonly wishes to restrict the buyer's use of land after the sale – sometimes forever and sometimes only for a limited period.

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Latest investor's lawsuit in Hong Kong

09 December 2013

As stated in our blog of 19 April 2013, investors are facing some rather strong headwinds in trying to sue banks and financial institutions in Hong Kong.

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A Notice of Requirement and VAT Security

09 December 2013

A former TV chef was recently fined £10,000 for his failure to comply with a Notice of Requirement (NOR) to give a VAT security (http://abytx.co/1bDo2U0).

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Aspect Contracts (Asbestos) Ltd v Higgins Construction Plc

06 December 2013

Court of Appeal - 29 November 2013

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Quality of occupation is paramount when deciding whether a property is a taxpayer's 'only or main residence' for the purposes of capital gains tax

05 December 2013

A recent decision of the First-tier Tribunal (Tax Chamber) ('FTT') provides helpful insight into the way in which the FTT will apply the Capital Gains Tax Private Residence relief provisions contained in sections 222 and 223 of the Taxation of Chargeable Gains Act 1992 ('TCGA').

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The Financial Crisis - Where are we now?

Published on 04 December 2013. By Alan Williams, Partner

"The first thing we do, let's kill all the lawyers" was the cry that famously went up in a peasant's revolt dramatised by Shakespeare centuries ago.

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The Alexandros T

Published on 04 December 2013. By Jake Hardy, Legal Director

The Supreme Court in The Alexandros T has delivered an important decision on the application of Articles 27 and 28 of Regulation 44/2001 in the English courts.

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The end of 'blue-sky thinking'?

Published on 02 December 2013. By Rebecca Rose, Associate

'If we use language the rest of the world doesn't understand, we diminish [our] reputation.'

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No copyright in software functionality – SAS v WPL, the final chapter

Published on 02 December 2013. By David Cran, Partner

The Court of Appeal has handed down its decision in the lengthy SAS Institute Inc. v World

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The Tribunal considers its public law jurisdiction in VAT online filing human rights case

27 November 2013

The First-tier Tribunal (Tax Chamber) ('FTT') has recently considered various difficult questions in relation to its public law jurisdiction and the relevance of human rights issues to taxation disputes in LH Bishop & Others v HMRC[1].

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You have been warned - comply or else!

Published on 27 November 2013. By Jonathan Wyles, Legal Director

On 27 November 2013 the Court of Appeal handed down its eagerly awaited judgment in Mitchell v News Group Newspapers [2013] EWCA Civ 1526.

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Banks beware: IP rights may trump customer confidentiality

Published on 27 November 2013. By David Cran, Partner

The German Supreme Court has recently asked the Court of Justice of the European (CJEU) whether a bank can refuse to disclose confidential information about one of its customers to a third party who alleges that the customer is using the bank's services to sell counterfeit products and infringe the third party's trade marks.

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Financial Litigation Roundup

Published on 26 November 2013. By Chris Ross, Partner

Please click here for our bulletin containing a roundup of the key judgments from litigation in the banking sector in 2012/2013 and review of matters currently before the courts.

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High Court considers service of breach of warranty claim

Published on 25 November 2013. By Dan Wyatt, Senior Associate

In Ageas (UK) Limited -v- Kwik-Fit (GB) Limited, the court considered a preliminary issue regarding service of proceedings in a breach of warranty claim.

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A Damp Squibb

25 November 2013

The recent case of Squibb Group Ltd v (1) London Pleasure Gardens (2) London Borough of Newham [2013] EWHC 3275 (TCC) demonstrates that contractors cannot rely on funders to pay outstanding fees where an employer runs into financial difficulty.

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Mattel Left Scrambled without any Friends in the Court

Published on 25 November 2013. By Paul Joseph, Partner and Ben Mark, Partner

Following a recent defeat in the Court of Appeal in relation to the validity of its three-dimensional tile mark (J W Spear & Son Ltd, Mattel Inc. and Mattel UK Ltd v Zynga Inc [2013] EWCA Civ 1175) ...

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Tribunal sets aside HMRC's Schedule 36 information notice

22 November 2013

The First-tier Tribunal (Tax Chamber) ('FTT') has allowed a taxpayer's appeal against an information notice issued by HMRC pursuant to paragraph 1, Schedule 36, Finance Act 2008.

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Discretion to stay - exclusive jurisdiction clauses and foreign proceedings

Published on 21 November 2013. By Christopher Whitehouse, Senior Associate

In Nomura International Plc v Banca Monte Dei Paschi Di Siena SpA [2013] EWHC 3187 (Comm), ...

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Silence can be expensive - the dangers of ignoring an opponent's ADR Request

Published on 14 November 2013. By Christopher Whitehouse, Senior Associate

In PGF II SA v OMFS Co [2013] EWCA Civ 1288, the Court of Appeal extended the guidelines set out in Halsey v Milton Keynes General NHS Trust[1]

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Groundless Threats: Time for Reform?

Published on 14 November 2013. By Jeremy Drew, Partner and Georgia Davis, Legal Director

Current IP legislation provides for protection against groundless threats in respect of IP infringement being brought by a rights holder against a competitor.

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Tribunal prevents HMRC from 'relitigating' the case in Rosenbaum v HMRC

Published on 13 November 2013. By Dan Wyatt, Senior Associate

In Rosenbaum v HMRC[1] the First-tier Tribunal ('FTT') recently considered the circumstances in which it can set aside a decision under Rule 38 of The Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009 ('the Tribunal Rules').

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Solvency II – the Phoney War

11 November 2013

The Guidelines on Governance released by EIOPA on 27 September 2013 set out EIOPA's view on what insurers should be doing in advance of (and in preparation for) the implementation of Solvency II.

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HMRC’s Digital and Tax Agent Strategy

08 November 2013

HM Revenue & Customs (HMRC) is developing a new platform of digital services, which will ultimately enable tax agents to ‘self-serve’ and allow individual taxpayers and businesses to conduct all of their transactions online.

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Phew! Relief granted notwithstanding non-compliance and delay

08 November 2013

In Theverajah v Riordan & Others [2013] the court considered the factors relevant to an application for relief under amended CPR 3.9, which came into force in April 2013.

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Bundles of fun!

07 November 2013

A decision earlier this year sheds light on the provisions for costs orders which apply in relation to appeals held before the First-Tier Tribunal (Tax Chamber) ('FTT').

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It shouldn't be a hard sell. Getting your head around the known knowns and the known unknowns

06 November 2013

Although Don Rumsfeld wasn’t talking about the sale of property when he talked about knowns, he makes an important point about knowledge. Picture the scene.

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Phew! Relief granted notwithstanding non-compliance and delay

01 November 2013

In Theverajah v Riordan & Others [2013] the court considered the factors relevant to an application for relief under amended CPR 3.9, which came into force in April 2013.

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Blog

A Wii forward, not a load of DS: anti-copyright measures and proportionality in the Copyright Directive

Published on 01 November 2013. By David Cran, Partner

On 19 September 2013, Advocate General Sharpston gave an Opinion on questions referred to the Court of Justice of the European by the Tribunale de Milano (Italy) (Case C-355/12 Nintendo Co Ltd v PC Box Srl).

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Tribunal orders HMRC to pay taxpayers’ costs where HMRC ought to have known that their case did not have a reasonable prospect of success

30 October 2013

Following hot on the heels of the Simple Solutions decision, the First-tier Tribunal (Tax Chamber) ('FTT') (Judge Mosedale) has again ordered HMRC to pay the taxpayer's costs in Roden & Anor v HMRC.[1].

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Pledging to use Alternative Dispute Resolution ("ADR")

30 October 2013

On November 12th, signatories of The International Institute for Conflict Prevention & Resolution (CPR)'s new 21st Century Pledge will be announced.

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Late but not too late: new claims and time bars

Published on 29 October 2013. By Geraldine Elliott, Partner

The High Court has recently considered the extent to which pleadings can be amended to introduce new claims out of time in the case of Nolan & others v Tui UK Limited.

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Blog

Teleworking: the future or the past?

29 October 2013

For as long as I can remember, pioneering companies such as IBM, Intel and Cisco have attributed their success – at least in part – to their decision to allow staff to work from home/a remote access device, or 'telework'.

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Blog

A discovery too far?

25 October 2013

Since the Court of Appeal decision in Langham v Veltema[1] the courts and tribunals have considered several challenges by taxpayers to HMRC's power to make discovery assessments after failing to open in time enquiries into self-assessments.

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Court of Appeal makes it clear that a skeleton argument is not a vehicle for the introduction of unpleaded claims

Published on 24 October 2013. By Adam Forster, Senior Associate

The Court of Appeal has recently handed down judgment in the case of Credit Suisse AG v. Arabian Aircraft & Equipment Leasing Co EC.

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Blog

Mediate or be damned

Published on 24 October 2013. By Alexandra Anderson, Partner

In a landmark decision released yesterday, the Court of Appeal has upheld the decision to deprive a Defendant of part of its costs, for failing to respond to repeated requests to mediate, even though it made a Part 36 offer which the Claimant failed to accept until just before trial.

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'Stranded on an island without a canoe'

23 October 2013

Common sense may yet prevail at the Court of Appeal in the Clark v In Focus case about whether a complainant can take the maximum award from FOS and sue for the balance of their losses in Court.

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Update on Clark v In Focus appeal

22 October 2013

The landmark appeal in Clark v In Focus is today being heard by the Court of Appeal, who will decide whether a complainant can accept an award at FOS and then sue for the balance through the courts.

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Interest rate hedging products: mis-selling - Update on Green v Royal Bank of Scotland

22 October 2013

The Court of Appeal recently published its judgment in Green v Royal Bank of Scotland Plc [2012] EWHC 3661 QB, the first decided case concerning the alleged mis-selling of Interest Rate Hedging Products ("IRHPs").

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Update on Clark v In Focus appeal

22 October 2013

The landmark appeal in Clark v In Focus is today being heard by the Court of Appeal, who will decide whether a complainant can accept an award at FOS and then sue for the balance through the courts.

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Blog

How well do you know your Expert Witness?

21 October 2013

The High Court decision in Proton Energy Group SA v Orlen Lietuva [2013] EWHC 2872 is a warning to all litigators to choose their expert witnesses wisely.

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Ofcom, Ofgem, Ofwat, OfFCA…? FCA set to become latest competition sectoral regulator

21 October 2013

At its own request, the FCA is set to be granted expanded competition powers under new legislation.

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Last gasp of the super-injunction

21 October 2013

Super-injunctions are almost an extinct species. 'Non-super' privacy injunctions however remain alive and kicking with according to recent figures a 100% success rate on interim applications.

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Blog

Trade Secrets – A Unified European Regime?

Published on 21 October 2013. By David Cran, Partner and Louise Morgan, Senior Associate

Earlier this year, a study was prepared for the European Commission relating to the treatment of Trade Secrets and Confidential Business Information within the internal market.

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Taxpayer's appeal allowed as HMRC had not made a discovery determination in time

Published on 17 October 2013. By Dan Wyatt, Senior Associate

The recent First-tier Tribunal ('FTT') case of Nijjar Dairies Ltd v HMRC1 dealt with two matters.

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Acting in Good Faith – is this now a given under English Law?

Published on 16 October 2013. By Alan Williams, Partner

Under many civil law jurisdictions, such as France, Germany, and Italy, the law of obligations recognises and enforces an overriding principle (derived originally from Roman law) that in making and carrying out contracts parties should act in good faith.

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No more moral high ground for whistle blowers?

15 October 2013

Yet another US style importation is on the cards.

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Trade Mark Protection: Court of Appeal says distinctiveness is not enough

Published on 15 October 2013. By Jeremy Drew, Partner and Ciara Cullen, Partner

The Court of Appeal for England and Wales recently handed down its much anticipated ruling in Cadbury's long-drawn-out battle to maintain its UK trade mark registration for the colour purple.

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High Court confirms that general principles of contractual construction apply to 'misnomer principle'

Published on 14 October 2013. By Daniel Hemming, Senior Associate

In Liberty Mercian Limited v (1) Cuddy Civil Engineering Limited (2) Cuddy Demolition and Dismantling Limited

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Handbook suffers from CIDRA hangover

10 October 2013

Whilst FOS rightly considered itself ahead of the consumer insurance law reforms, the FCA has now caught up.

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Handbook suffers from CIDRA hangover

10 October 2013

Whilst FOS rightly considered itself ahead of the consumer insurance law reforms, the FCA has now caught up.

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