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Press and Media

City-based law firm RPC comments on potential EFL club administrations

22 May 2020

Following a statement by Damian Collins, former Chair of the Commons Select Committee, that up to 10 football clubs could go into administration within weeks, unless they receive an urgent and substantial government bailout.

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Publication

Draft Fatal Accidents Act 1976 (Remedial) Order 2020: Second Report

22 May 2020

On 18 May 2020, the commons Human Rights Committee published their second report on the reforms proposed to bereavement damages available in the UK.

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Blog

Cyber bytes - Issue 14

Published on 22 May 2020. By Richard Breavington, Partner and Christopher Ashton, Associate and Rachel Ford, Associate

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Blog

Hong Kong Courts – Closing the GAP

Published on 22 May 2020. By Carmel Green, Partner

The general adjourned period (GAP), during which the courts in Hong Kong were closed save for urgent and essential court business, started on 29 January 2020 with the early onset of COVID-19 in Hong Kong.

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Blog

Update on the FCA's review of Defined Benefit transfer advice

Published on 21 May 2020. By Zoe Melegari, Associate

The FCA has been looking to improve the quality of pension transfer advice for some time now. However, despite the crackdown on defined benefit transfers being announced as a strategic priority earlier this year, it appears that factors, such as Covid-19 have put the FCA's investigations into advice suitability on the back foot – for now, at least.

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Blog

To perform or not to perform? When tendering performance means actual performance

Published on 21 May 2020. By Dan Wyatt, Partner and Kirtan Prasad, Associate

A consultant was alleged to be in material breach of a consultancy contract for refusing to supply his services. He responded to a notice of material breach by stating that he was willing to perform. However, the Court of Appeal held that this was insufficient to remedy the breach (Bains v Arunvill Capital Limited and others)(1).

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Blog

COVID-19 legal update – Your workforce: Could workers who can work from home (and their employers) break the law by returning to the workplace too soon?

Published on 20 May 2020. By Kelly Thomson, Partner and Joanna Holford, Senior Associate

The government has stated that that those who can work from home should do so and those who cannot should go to work. Is it an offence to go to the place of work when it is possible to work from home?

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Blog

Top 10 for the 10s Claims against surveyors and valuers

Published on 20 May 2020. By Alexandra Anderson, Partner and Felicity Strong, Senior Associate

The 2010s started with an influx of valuation claims, primarily involving lenders seeking to recoup losses suffered as a result of the financial crisis, loans being made to sub-prime borrowers and the declining property market.

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Blog

Henkes – FTT has jurisdiction to determine mixed questions of fact and law on application for closure notice

Published on 20 May 2020. By Adam Craggs, Partner

In Henkes v HMRC [2020] UKFTT 159 (TC), the First-tier Tribunal (FTT) decided that it has jurisdiction to determine mixed questions of fact and law on an application for a closure notice and appeal against an information notice.

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Publication

International risk team - What’s my part in all this?

19 May 2020

One of the most common issues to arise in offshore energy construction claims is the application of WELCAR’s Defective Parts clause.

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Publication

Corporate tax update - May 2020

19 May 2020

Welcome to the latest edition of our corporate tax update, written by members of RPC's tax team. This month's update reports on the key developments from April 2020. April was not a “bumper” month for corporate tax developments but (as you would expect) there have been some Covid-19 related developments of note. This month's report also includes a summary of the Supreme Court's decision in Zipvit (on input VAT recovery). We hope you, your family and friends are all staying safe

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Blog

Adams v Carey – the judgment – over 2 years in the making, where does it leave the SIPP market

Published on 19 May 2020. By Ashley Daniells, Associate and David Allinson, Senior Associate and Rachael Healey, Partner

More than two years since the trial in March 2018, the High Court has dismissed the claim against Carey Pensions on all counts. The landmark case is sure to have far reaching ramifications for the SIPP industry and beyond.

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Blog

Catastrophe bonds: a storm in a teacup or a floody good opportunity?

Published on 18 May 2020. By Hannah Ridzuan-Allen, Trainee Solicitor

Catastrophe bonds are a type of insurance-linked security. They offer an alternative to reinsurance policies and allow insurers and reinsurers to offload a proportion of their risk. As the name suggests, they are often triggered by damage that an insured suffers as a result of a natural catastrophe such as a hurricane, earthquake or flood, but can also be designed to respond to events such as a pandemic.

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Publication

COVID-19 Secure – Government Guidance released

14 May 2020

Following Prime Minster Boris Johnson's announcement on Sunday 10 May about limited easing lockdown restrictions, the government published various guidance documents to businesses on 11 May to assist with the process of returning to work.

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Blog

When will reference to a document in a witness statement waive privilege in that document

Published on 14 May 2020. By Davina Given, Partner and Gill O'Regan, Senior Associate

Tread carefully when considering whether and how to reference privileged documents; "deployment" of a document may draw back the cloak of privilege but a "mere reference" may not. Context will be key.

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Blog

Football referees held not to be employed for tax purposes – the final whistle for HMRC?

Published on 14 May 2020. By Ben Roberts, Partner

Whether an individual is employed, or self-employed, for tax purposes is a question that has – in the era of the 'gig' economy and given the anticipated extension of the off-payroll working (IR35) rules – never required closer examination.

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Blog

SIPP and SSAS providers face further test following in-specie ruling in favour of HMRC

Published on 13 May 2020. By Rachael Healey, Partner

The Upper Tier Tribunal has overturned a decision of the First Tier Tribunal and found in favour of HMRC in a case that is likely to place further pressure on the SIPP and SSAS markets.

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Blog

Looney – Termination payments were trading receipts

Published on 13 May 2020. By Constantine Christofi, Associate

In Kieran Looney & Anor v HMRC [2020] UKUT 0119 (TCC), the Upper Tribunal (UT) has dismissed an appeal against the First-tier Tribunal's (FTT) decision that a termination payment and other payments made under a contract entered into by a partnership to provide management training, were trading receipts of a partnership.

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Blog

Return of the MAC (clauses): renegotiating or exiting your supply chain contracts

Published on 12 May 2020. By David Cran, Partner and Marlon Cohen, Senior Associate

As more challenges arise from the current pandemic, suppliers and customers in the retail supply chain will be looking at their contracts to see how best to navigate the challenges they face. This may involve reviewing existing supply chain arrangements and seeing if there is a way to renegotiate or exit existing contracts.

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Blog

RICS Guidance and Key Developments for Surveyors: #2 Coronavirus, valuations and "material uncertainty"

Published on 12 May 2020. By Alexandra Anderson, Partner and Felicity Strong, Senior Associate

The recent lockdown has posed a serious challenge to the UK housing market, with the present and future potential impact of COVID-19 on the market inviting comparisons to the post-2008 recession.

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Publication

International risk team: Aggregation issues in Covid-19 related claims

12 May 2020

A lot of electronic ink has been used by lawyers to debate whether coronavirus on the surface of physical things constitutes damage. Although that may have seemed a crucial question some weeks ago before the lock-down it is probably largely academic now.

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Blog

Tips for minimising costs on Part VII transfers

Published on 11 May 2020. By Neil Brown, Partner

The Covid-19 crisis might cause insurers to seek to free up capital by disposing of portfolios of legacy business. This blog sets out some tips for carrying out Part VII transfers whilst under increasing costs constraints.

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Blog

FOS complaints and hindsight – categorical statement from the Chief Ombudsman

Published on 11 May 2020. By Rachael Healey, Partner

The FCA has been producing a range of temporary measures with the aim of ensuring that firms can work at pace during the pandemic for the benefit of customers. However, where procedures are bypassed or corners cut what will FOS do in response? The response from FOS to that questions raises another – the use of hindsight when coming to its decisions.

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Press and Media

RPC promotes 15 to partnership globally

07 May 2020

Law firm RPC will be promoting 15 lawyers to its partnership in 2020, spanning a broad range of contentious and non-contentious practices in the UK and Asia.

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Publication

Tax Bites - May 2020

07 May 2020

Welcome to the first edition of RPC's Tax Bites ­ providing monthly bite­sized updates from the tax world.

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Blog

The ASA bites back – Burger King 'Rebel Whopper' ads ruled to be misleading and in breach of advertising rules

Published on 07 May 2020. By Ben Mark, Partner and Victoria Noto, Associate

At the start of the year, Veganuary hit the headlines, with the British public challenged to ditch animal by-products in favour of a plant-based diet for the month of January.

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Blog

What are good grounds for appeal in insolvency applications?

Published on 06 May 2020. By Simon Hart, Partner and Emily Saffer, Associate

Applying for permission to advance fresh evidence on appeal is a tricky application, which has had varying degrees of success in the courts. Zheng Yougxiong v Gate Ventures Plc(1) is a useful example of the application of the criteria, albeit in the context of insolvency proceedings.

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Press and Media

RPC teams up with manufacturers by providing free legal advice on the production and distribution of personal protective equipment (PPE) to frontline NHS staff

06 May 2020

RPC has advised Augment Bionics on legal issues in relation to producing and distributing face shields for NHS staff dealing with COVID-19.

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Podcast

A look at Lloyd's Lab

06 May 2020

Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests. This week we are taking a look at Lloyd's lab, the renowned insure-tech startup programme. Our guest is Ed Gaze, who is the Lab Manager.

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Blog

Coyle – Upper Tribunal refuses permission to appeal out of time

Published on 06 May 2020. By Constantine Christofi, Associate

In Michael Coyle t/a Coyle Transport v HMRC [2020] UKUT 0113 (TCC), the Upper Tribunal (UT) set aside the decision of the First-tier Tribunal (FTT) for errors of law, but reached the same conclusion as the FTT and refused the taxpayer permission to appeal out of time.

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Blog

Regulated Activities Order amendments for the new Bounce Back Loan Scheme

Published on 05 May 2020. By Whitney Simpson, Senior Associate

On 1 May 2020, the Financial Services and Markets Act 2000 (Regulated Activities) (Coronavirus) (Amendment) Order 2020 was published and came into force on 4 May 2020.

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Blog

The Solicitors Disciplinary Tribunal: new rules, new game?

Published on 05 May 2020. By Graham Reid, Legal Director, Professional Regulation and Thelma Ainsworth, Associate

There are few things that strike fear into the heart of a solicitor more than the prospect of being sent to the Solicitors Disciplinary Tribunal. This article looks at its new rules of procedure.

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Publication

Arbitrable disputes in the context of winding up proceedings

Published on 05 May 2020. By Prakash Nair, Director

This note discusses two recent decisions of the Court of Appeal of Singapore that dealt with the standard of review to be applied in winding up proceedings where a debtor asserts that there is a dispute which parties agreed to resolve by way of arbitration.

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Publication

General liability newsletter - April 2020

04 May 2020

Welcome to the latest edition of our general liability newsletter, rounding up some the key cases from the last few months.

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Blog

New 100% government-backed loan scheme for small and medium-sized businesses

Published on 04 May 2020. By Sukh Ahark, Partner and Lauren Murphy, Associate

The new 'Bounce Back Loans' scheme (the "Scheme") launches today. The Scheme provides small and medium-sized businesses with loans from between £2,000 and £50,000, such cash to be accessible within days.

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Press and Media

Disputes Powerhouse RPC strengthens Team with senior hires for JLV in Singapore

Published on 04 May 2020. By Daniel Kulcsar, PR & Communications Manager

International law firm RPC has hired three partners, Boey Swee Siang, Navin Joseph Lobo, and Lin Yuankai, to strengthen its disputes, regulatory compliance and investigations practice for its joint legal venture (JLV) RPC Premier Law in Singapore.

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Press and Media

Law firm RPC comments on ground-breaking trade mark referrals case Sky v Skykick

Published on 01 May 2020. By Daniel Kulcsar, PR & Communications Manager

Today, Lord Justice Richard Arnold handed down a ground-breaking decision for trademark referrals in the UK High Court's case Sky v Skykick.

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Publication

International risk team - The Atlantik Confidence: precautions to take in respect dubious claims in the wake of economic crises

01 May 2020

Insurers want to pay claims. However, insurance claims history shows that when certain businesses face an existential threat they are inclined to take a very aggressive attitude towards their insurance “assets” in a desperate attempt to generate liquidity.

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Publication

Regulatory Roundup Q1 2020

Published on 30 April 2020. By Gavin Reese, Partner

Welcome to the Spring edition of the Regulatory Roundup, which aims to pull together the key developments across regulatory regimes – and help you to navigate the maze.

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Blog

High Court provides a reminder against "over-lawyering" of witness statements

Published on 30 April 2020. By Parham Kouchikali, Partner and Harriet Evans, Associate

In a reminder not to "over-lawyer" witness statements, a High Court judge has ordered that statements be revised to remove inappropriate content(1).

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Publication

VAT update - April 2020

Published on 30 April 2020. By Adam Craggs, Partner and Rebekka Sandwell, Associate

In this month’s update we report on (1) the Value Added Tax (Finance) Order 2020 (SI 2020/209), which amends the fund management exemption; (2) HMRC’s guidance on the deferral of VAT payments due to COVID-19; and (3) HMRC’s guidance on how importers can pay no import duty and VAT on medical supplies, equipment and protective garments.

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Blog

Landmark case sees trade mark specifications cut down on grounds of bad faith.

Published on 29 April 2020. By Ben Mark, Partner and Sarah Mountain, Senior Associate

Today, the High Court handed down judgment in Sky v SkyKick. The judgment follows the CJEU's 29 January 2020 decision, which answered various questions that the High Court had referred to it, back in June 2018.

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Blog

New virtual insurer for Hong Kong

Published on 29 April 2020. By Andrew Carpenter, Partner

This month saw the award of a further virtual insurer licence in Hong Kong – this time for OneDegree (on 15 April 2020). The start-up will focus, initially, on the burgeoning Hong Kong pet insurance market, before a proposed expansion into health and cyber risk.

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Blog

Impact of COVID-19 on telecommunications apparatus

Published on 29 April 2020. By Catherine Young, Associate

With COVID 19 keeping individuals and businesses in various states of lockdown around the world, the importance of telecommunications in keeping the country connected, both professionally and socially, has been thrown into sharp relief.

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Blog

COVID-19: What is the CMA's current approach to UK merger assessment?

Published on 29 April 2020. By Lambros Kilaniotis, Partner and Melanie Musgrave, Senior Associate

The CMA has been adapting its working practices to react to the ongoing challenges of a change in working environment that has an impact on almost all businesses.

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Blog

Davies – Taxpayers unable to benefit from motive exemption in TOAA or qualify for treaty relief

Published on 29 April 2020. By Alexis Armitage, Associate

In Andrew Davies & Others v HMRC [2020] UKUT 67 (TCC), the Upper Tribunal (UT) held that the taxpayers did not satisfy the ‘motive exemption’ in the transfer of assets abroad (TOAA) legislation and could not benefit from treaty relief.

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Blog

General adjournment in Hong Kong does not extend duration of ex parte injunction

Published on 29 April 2020. By Carmel Green, Partner and Antony Sassi, Managing Partner, Asia

In Hong Kong, the courts have generally been closed, save for urgent and essential court business as a result of COVID-19.

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Blog

Carluccio's serves up a rescue recipe

Published on 28 April 2020. By Paul Bagon, Partner and Hannah Ryan, Events Assistant

On Friday 24 April, RPC hosted a 30 minute webinar on the interaction of furloughing and insolvency law.

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Blog

Lease frustration and COVID-19

Published on 28 April 2020. By Sarah Wilkinson, Senior Associate

Frustration of a contract occurs due to a supervening event meaning the contract is no longer capable of performance. If frustration is found to have occurred, the contract is automatically terminated.

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Press and Media

Government ban on winding-up petitions welcome step – but this needs to extend beyond 30th June deadline

28 April 2020

Measures announced by Business Secretary, Alok Sharma to protect commercial tenants from aggressive debt recovery actions during the coronavirus crisis are a welcome step for retailers, says RPC, the City-headquartered law firm. Many retailers have seen a catastrophic drop in sales during the lock-down.

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