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An excessive demand is still a demand - Barclays Bank plc v Price

Published on 02 January 2019. By Sarah Shaul, Associate and Andy McGregor, Head of Civil Fraud

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A demand made under a guarantee may be effective even when the amount demanded exceeds an express liability cap.

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Ban of combustible materials in cladding

Published on 21 December 2018.

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One and a half years after Grenfell, the Building (Amendment) Regulations 2018 come into force and restrict the use of combustible materials in buildings.

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Blog

Addo - Disclosure against HMRC in tax appeals

Published on 20 December 2018. By Constantine Christofi, Associate

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In Addo v HMRC [2018] UKFTT 530 (TC), the First-tier Tribunal (FTT) considered the principles governing disclosure in the context of appeals before the FTT. This blog is based on an article which was first published in Tax Journal on 22 November 2018. RPC acted for the taxpayer in this case.

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Watch out! Internal settlement negotiations may not always remain "internal"

Published on 19 December 2018. By Davina Given, Partner and Suzan Kurdi, Senior Associate

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WH Holding Limited (1) West Ham United Football Club Limited (2) v E20 Stadium LLP [2018] EWCA Civ 2652 finds that internal settlement negotiations are not protected by litigation privilege.

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Publication

Health and safety update December 2018

18 December 2018

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Welcome to the latest edition of our health and safety update where we look at the health and safety stories that have recently hit the headlines as well as the latest fines and sentences that have been handed down.

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On the twelfth day of Christmas, the High Court gave to me…twelve judges judging

Published on 18 December 2018. By Davina Given, Partner

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It attracted nothing like the controversy of the US Senate's confirmation of US Supreme Court Justice Kavanaugh. However, the decision of the two selection commissions to recommend, and of the Lord Chancellor to recommend to the Prime Minister, the appointment of Lady Hale to the Presidency of the UK Supreme Court and of Ladies Black and Arden to the Court marked historic firsts in 2018.

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On the eleventh day of Christmas, the High Court gave to me…eleven groups a-growing

Published on 17 December 2018. By Davina Given, Partner and Chris Ross, Partner and Lambros Kilaniotis, Partner

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Unlike Scrooge, litigation will not wake transformed on Christmas Day into a gentler, kinder activity. But it is undergoing a slower transformation with the growth of various forms of group litigation in England.

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White Paper on National Security and Investment

Published on 17 December 2018. By Neil Brown, Partner and Charles Buckworth, Partner

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In our last blog, published on 11 December 2018, we explained the motivation behind the UK government's white paper on national security and investment. In this blog, we explain more of the detail in those proposals.

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Pension Transfers – FCA provides an end of year report

Published on 14 December 2018. By Matthew Watson, Associate

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As the end of the calendar year approaches the FCA's recent publication indicated that the regulator remains concerned as to the suitability of pension transfer advice. If the FCA's recent review was an end of term school report this would be best summed up as "could do much better".

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Vacation Rentals – taxpayer had legitimate expectation that HMRC guidance could be relied on

Published on 14 December 2018. By Michelle Sloane, Senior Associate

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In R (on the application of Vacation Rentals (UK) Ltd) (formerly The Hoseasons Group Ltd) v HMRC [2018] UKUT 383 (TCC), the Upper Tribunal (UT), has held that HMRC was bound by its published guidance in Business Brief 18/06 (BB18/06) concerning the treatment of payments for card handling services.

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On the tenth day of Christmas, the High Court gave to me…ten claims a-noticed

Published on 14 December 2018. By Davina Given, Partner

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Christmas may come but once a year, but 2018 was book-ended by two cases in the Court of Appeal on claim notices in the context of share sale purchases.

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A Signature Move in the Right Direction?

Published on 13 December 2018. By Jason Varney, Senior Associate

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Earlier this year the Law Commission published a Consultation Paper on the use of electronic signatures for the execution of written agreements. Whilst the Law Commission does provisionally conclude that in its view an electronic signature is capable of complying with existing law, it published the Paper in order to seek views on whether the current law inhibits the electronic execution of written contracts, and what concerns stakeholders have regarding the use of electronic signatures.

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Video

Projecting into the future of the medical products sector

Published on 13 December 2018. By Emma Kislingbury, Associate and Peter Rudd-Clarke, Legal Director

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In the final instalment of our vlog series, we look at recently published books by Yuval Noah Harari and Stephen Hawking to help us better understand and project into the future of the medical products sector.

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Blog

On the ninth day of Christmas, the High Court gave to me…nine losses mounting

Published on 13 December 2018. By Davina Given, Partner

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It's rare for cases on damages to reach the Supreme Court, and there was just one in 2018: Morris-Garner v One Step (Support) Ltd (possibly particularly appropriate for a verse normally taken up with possibly aged leaping lords).

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On the eighth day of Christmas, the High Court gave to me…eight duties owing

Published on 12 December 2018. By Davina Given, Partner

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To borrow from a distinctly non-Christmassy text: to owe or not to owe a duty? That is often the difficult question. (It could be worse: o-ho-ho-ho-we, yes, it could.) By way of a round-robin letter on the topic, by and large, 2018 was a good year for.

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Huawei and UK National Security - A new technology cold war?

Published on 11 December 2018. By Neil Brown, Partner and Charles Buckworth, Partner

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Chinese technology giant, Huawei, has been making plenty of headlines recently. First, a number of Western governments (including the US, Australia and New Zealand) have banned Huawei equipment from being used in 5G networks, citing national security concerns. Next, Huawei's CFO was arrested in Canada in connection with alleged breaches of international sanctions.

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On the seventh day of Christmas, the High Court gave to me…seven fraudsters fleeing

Published on 11 December 2018. By Davina Given, Partner and Jonathan Cary, Partner

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A Home Office report in July 2018 found that in 2015/16 there were 3.6m incidents of fraud with an immediate cost of £3.04bn and 2m incidents of cybercrime with an immediate cost of £526m. It seems improbable that the number or value of those incidents has declined since then, and certainly fraud of all types has had a busy 12 months in the English courts.

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Publication

The new Payment Services Bill

Published on 10 December 2018. By Lex Lazatin, Associate

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The new Payment Services Bill (No 48/2019) (the “Bill”) was recently submitted for a first reading in the Singapore Parliament on 19 November 2018. The Bill will consolidate the various payments regulations and replace the existing legislation, which primarily comprises the Money-changing and Remittance Businesses Act (Cap 187, 2008 Rev Ed) (the “MCRBA”) and the Payment Systems (Oversight) Act (Cap 222A, 2007 Rev Ed) (the “PSOA”).

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On the sixth day of Christmas, the High Court gave to me…six exclusion clauses

Published on 10 December 2018. By Davina Given, Partner

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Geese, which normally feature in this verse, can pack a nasty bite. In a gaggle of cases this year, exclusion clauses bit claimants hard – but in two cases the claimants successfully fought back.

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On the fifth day of Christmas, the High Court gave to me…five time bars!

Published on 07 December 2018. By Davina Given, Partner

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A defendant who can rely on a limitation defence strikes gold. However, the extreme impact of a time bar in wiping out a claim, however meritorious, combined with the impenetrability of some parts of the Limitation Act 1980, makes limitation a fertile source of dispute, and so it proved in 2018.

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Blog

連載コラム・欧州M&A最前線2018年9月・10月

Published on 07 December 2018. By Nigel Collins, Partner, Head of Japan Desk

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今月のテーマは電気自動車(EV)のための新規制だ。急速に進展するEV産業のアドバイザーたちと業界トレンドについて話し合い、また伊藤忠商事がカーシェア・スタートアップ企業に投資するに当たり助言する中で、EV市場全般について考えたことを受け、このテーマを取り上げることにした。

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Are the US courts eroding collective redress? Why England may be becoming a more attractive place for class actions

Published on 07 December 2018. By Jonathan Wood, Head of International Arbitration and Max Rossiter, Trainee Solicitor

The UK may be becoming a more favourable jurisdiction than the US for class actions or collective redress.

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On the fourth day of Christmas, the High Court gave to me…four contracts

Published on 06 December 2018. By Davina Given, Partner

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Questions of contractual interpretation can be hard nuts to crack. We pick out today some nuts that you might find at the bottom of your legal stocking this year.

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Video

Artificial intelligence and diagnostics in the medical sector

Published on 06 December 2018. By Emma Kislingbury, Associate and Peter Rudd-Clarke, Legal Director

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Our Medical and Life Sciences team take a look at the use of artificial intelligence and diagnostics in the second instalment of this 3 part vlog series.

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On the third day of Christmas, the High Court gave to me…three corporate crimes

Published on 05 December 2018. By Davina Given, Partner and Sam Tate, Partner

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Beware of employees bearing gifts of frankincense, myrrh and especially gold: 2018 saw the first conviction after a contested prosecution for the corporate offence of failing to prevent bribery, under s7 of the Bribery Act 2010.

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Publication

Tax update December 2018

05 December 2018

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In this month’s update we report on (1) the published response to the consultation on creating a “fund structure” within the Enterprise Investment Scheme for investment in innovative knowledge-intensive companies; (2) the published response to the consultation on extending the IR35 rules to the private sector; and (3) the published response to HMRC’s tax abuse and insolvency discussion document. We also comment on three recent decisions relating to (1) penalties attaching to employment intermediaries returns (2); penalties for failing to file tax returns; and (3) CGT holdover relief where the transferor was a foreign controller of the transferee.

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Blog

Livery business qualifies for BPR for IHT purposes

Published on 05 December 2018. By Constantine Christofi, Associate

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In HMRC v Personal Representatives of the Estate of Maureen M Vigne [2018] UKUT 357 (TCC), the Upper Tribunal (UT), in dismissing HMRC's appeal, has confirmed that a livery business attracted business property relief (BPR) under section 105, Inheritance Tax Act 1984 (IHTA), as the business did not consist of wholly or mainly in making or holding investments.

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On the second day of Christmas, the High Court gave to me…two LIBOR reps

Published on 04 December 2018. By Davina Given, Partner

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The long-running and hard-fought saga of Property Alliance Group v Royal Bank of Scotland came to a close with the Court of Appeal's judgement in March 2018, after four and a half years and at least 12 reported decisions. So what will we remember from the litigation?

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On the first day of Christmas, the High Court gave to me…a privilege in E-N-RC

Published on 03 December 2018. By Davina Given, Partner

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With Advent upon us, and Christmas on the horizon, RPC takes a musical look back at the most important English judgments of 2018. Liability for all failures of rhythm and rhyme is hereby excluded.

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The Serpentine Trust Ltd – HMRC entitled to raise VAT assessments despite binding contractual agreement

Published on 03 December 2018. By Michelle Sloane, Senior Associate

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In The Serpentine Trust Ltd v HMRC [2018] UKFTT 535, the First-tier Tribunal (FTT) has held that although HMRC had agreed with the taxpayer one basis for calculating VAT, under its alternative dispute resolution (ADR) procedure, it was not precluded from raising VAT assessments on a different basis because the agreement reached was ultra vires and therefore void.

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Publication

Product liability update November 2018

30 November 2018

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A round-up of product liability news and stories making the headlines.

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連載コラム・欧州M&A最前線>2018年11月

Published on 30 November 2018. By Nigel Collins, Partner, Head of Japan Desk

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クリスマスまであと数日。オフィスには、すでに休暇入りした同僚達の空席がちらほら見られる一方、年内に取引やプロジェクトを完了しようと奔走する姿も目立つ。クリスマスと元日の間には営業日が2、3日あるが、ロンドンの金融街シティーは空っぽだろう。(ナイジェル・コリンズ/M&A専門弁護士)

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A battle between two warriors

Published on 28 November 2018. By Ben Mark, Partner

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The IPEC has recently considered the protection afforded to trade marks with an average level of distinctiveness.

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Video

The future of the medical products sector

Published on 28 November 2018. By Peter Rudd-Clarke, Legal Director and Emma Kislingbury, Associate

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In the first of our vlog series we focus on the future of the medical products sector, specifically where the sector is heading and what risks and opportunities might lie ahead.

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Publication

VAT update November 2018

28 November 2018

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In this month’s update we report on new regulations adopted by ECOFIN which are intended to combat VAT fraud, infringement proceedings brought against Italy and the UK following publication of the so-called “Paradise Papers” and publication of the response to HMRC’s consultation on the “split payment” method of VAT collection. We also comment on three recent decisions relating to the scope of the FTT’s jurisdiction in relation to public law issues, input tax recovery by a student union shop and application of the reverse charge rules to investment management services received from outside the EU.

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Patel – HMRC ordered to close enquiry which was  "drifting aimlessly"

Published on 26 November 2018. By Heather Rimmer, Associate

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In Patel v HMRC [2018] UKFTT 0561 (TC), the First-tier Tribunal (FTT) directed HMRC, pursuant to section 28A, Taxes Management Act 1970 (TMA), to close its enquiry.

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Publication

Customs and excise quarterly update November 2018

Published on 26 November 2018. By Adam Craggs, Partner and Michelle Sloane, Senior Associate

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In this update we report on HMRC’s guidance on how to prepare for the Customs Declaration Service, the launch of the Customs Declaration Service and HMRC’s guidance on trading with the EU in the event of a no-deal Brexit. We also comment on three recent cases relating to the calculation of gaming duty, tariff classification of seasoned chicken meat and mobility scooters.

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Publication

TerraLex guide to tracing assets around the world 2018

23 November 2018

We are delighted to present the TerraLex 2018 Guide to Tracing Assets Around the World.

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Regulation of cryptocurrencies inches ever closer

Published on 21 November 2018. By Ashley Daniells, Associate

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The long awaited regulation of cryptocurrencies has moved one step closer, with the Financial Conduct Authority (FCA) announcing plans to consult on regulation before the clock strikes twelve on 31 December 2018. The news comes after pressure for regulation has grown following a $15 billion crash.

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Wealth and trusts quarterly digest

Published on 21 November 2018. By Adam Craggs, Partner

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Welcome to our latest Wealth & Trusts digest. Our quarterly digest is specifically tailored for you and aims to provide up to date commentary, analysis and guidance on key sector developments. It is written by our wealth and trusts teams to assist you and your clients in responding to market trends and legal developments.

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Blog

The Barclays Case – Criminal Corporate Liability

Published on 20 November 2018. By Sam Tate, Partner and Lucy Kerr, Senior Associate

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The UK Serious Fraud Office's (SFO) final attempt to prosecute Barclays in connection with Qatari loans ended on October 26 with the rejection of its High Court application to reinstate criminal charges against the bank.

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Letter of contract versus business common sense – latest from Court of Appeal

Published on 20 November 2018. By Jake Hardy, Legal Director

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In the latest of a long line of higher court authorities debating the boundaries between black letter and more purposive approaches to contractual construction, the Court of Appeal has taken another step away from the high-water marks of the business common sense approach to contractual meaning.

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Thornton – Identifiable HMRC officer must determine penalties

Published on 19 November 2018. By Michelle Sloane, Senior Associate

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In Robert, Adam and Dorothy Thornton (trading as A* Education) v HMRC [2018] UKFTT 568 (TC), the First-tier Tribunal (FTT) has held that penalties for failure to file employment intermediaries returns (EIRs) were invalidly issued, as they had not been made by an identifiable officer of HMRC under section 100, Taxes Management Act 1970 (TMA).

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Anti-money laundering legislation meets the art market

Published on 19 November 2018. By Davina Given, Partner

The art market is often described as the last unregulated market. Even if that is true, it is set to change in the next couple of years, with the market being brought firmly within the ambit of European Union anti-money laundering legislation.

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Hong Kong's Court of Final Appeal rules on fraudulent or deceptive conduct in share dealings

Published on 15 November 2018. By Jonathan Crompton, Partner and David Smyth, Senior Consultant

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In another landmark case for the Securities and Futures Commission (SFC) in Hong Kong, the Court of Final Appeal has ruled on the ambit of section 300 of the Securities and Futures Ordinance (Cap. 571 – the Ordinance), and confirmed that it covers insider trading in shares listed outside Hong Kong.

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Crypto Assets and ICOs as seen by the SMSG - Part 2

Published on 09 November 2018. By Ella Shanks, Trainee Solicitor

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On 19 October 2018, the Securities and Markets Stakeholder Group (SMSG) published a report on initial coin offerings (ICOs) and crypto assets. The report is a useful one-stop shop for relevant definitions, classifications and statistics and we summarise the highlights in this two-part series.

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Budget 2018 – 10 key business tax takeaways

Published on 08 November 2018. By Ben Roberts, Senior Associate

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Interest-only mortgages - the new PPI?

Published on 08 November 2018. By Anthony Cutler, Associate

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A new wave of complaints is hitting the mortgage market, concerning interest-only mortgages taken out before the financial crisis. Why is this happening and what should we look out for?

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LSB approves SRA’s revolution in legal services regulation

Published on 07 November 2018. By Graham Reid, Legal Director, Professional Regulation

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The Solicitors Regulation Authority’s new regulatory arrangements were approved by the Legal Services Board on 6 November 2018. Part of the changes will allow solicitors of England & Wales to sell legal advice to the public from within unregulated firms, as long as they steer clear of reserved legal activities such as conveyancing and litigation. These firms will not be regulated by the SRA and will not need to take out full SRA-mandated professional indemnity insurance. These new kinds of legal practice offer unique opportunities for competition with big law firms, and for in-house legal teams to be converted from a cost to a profit centre. RPC has exceptional degree of experience in advising on innovation in the the provision of legal services.

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Griffiths – appeal against HMRC penalties allowed as notice to file was invalid

Published on 07 November 2018. By Alexis Armitage, Associate

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In Griffiths v HMRC [2018] UKFTT 0527 (TC), the First-tier Tribunal (FTT) has allowed the taxpayer's appeal against penalties imposed by HMRC as HMRC's notice to file a tax return was invalidly issued and in any event, the taxpayer had a reasonable excuse for failing to submit his return.

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