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Blog

Medical Devices Regulation on the horizon

Published on 09 July 2020. By Peter Rudd-Clarke, Legal Director

The EU Regulation on Medical Devices 2017/745 (the MDR) had been due to become fully applicable on 26 May 2020.

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Blog

Audit market: From recommendations to reforms

Published on 09 July 2020. By Davina Given, Partner

The Brydon Report on audit quality and effectiveness was released on 18 December 2019. The Report sets out recommendations for “urgent reform” in order to increase public confidence and seek to prevent unnecessary corporate failures.

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Blog

SMCR: The tricky implementation phase

Published on 09 July 2020. By Lucy Kerr, Senior Associate

The Senior Managers and Certification Regime (SMCR) came into force for all financial services firms solo-regulated by the Financial Conduct Authority (FCA) on 9 December 2019. The SMCR replaces the previous APER regime under which the FCA had oversight of the individuals working in the financial services industry. There is a one year implementation period for firms to make the changes required by the SMCR, which expires on 9 December 2020.

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Publication

Regulatory Radar 2020/21

09 July 2020

Welcome to the 2020/21 edition of RPC’s annual Regulatory Radar – a guide to the key regulatory changes worth having on your radar. We hope this will be a useful resource, helping you scan the regulatory horizon and highlight changes that could impact your business.

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Blog

RPC Bites #12

Published on 08 July 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!

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Blog

Ampleaward - purchaser using UK VAT number not liable for UK acquisition VAT where goods housed in overseas warehousing regime

Published on 08 July 2020. By Michelle Sloane, Partner

In Ampleaward Ltd v HMRC [2020] UKUT 0170 (TCC), the Upper Tribunal (UT) has found in favour of the taxpayer and confirmed that HMRC was not entitled to claim UK acquisition VAT on the purchase of alcohol from a supplier situated in a second EU state, which was then delivered to a tax warehouse in a third EU state.

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Blog

Is more co-operation the new normal?

Published on 07 July 2020. By Jonathan Wyles, Legal Director

What keeps you as a lawyer awake at night during the coronavirus pandemic? The list is likely to be very long and the fear of making a mistake will be close to the top. Help may come from some unexpected quarters such as the Courts.

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Blog

Corporate Insolvency and Governance Act 2020: What's changed for companies?

Published on 06 July 2020. By Ella Shanks, Associate

The Corporate Insolvency and Governance Act 2020 (the Act) came into force on 27 June 2020

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Publication

Sports Ticker #16

Published on 03 July 2020. By Jeremy Drew, Partner and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, Associate

Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

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Press and Media

RPC retains 92% of Trainees in latest UK intake

03 July 2020

City-headquartered law firm RPC has retained 92% of UK Trainees who are set to qualify in September 2020, meaning 11 out of 12 trainees have secured NQ solicitor roles. The remaining trainee decided not to join the qualification process as she is pursuing a career outside of law.

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Press and Media

Computers, Coronavirus and Collaboration

Published on 03 July 2020. By Emma Kislingbury, Associate and Genevieve Isherwood, Associate

The power of AI can be seen in the world's response to global healthcare issues, most recently with Covid-19. But with great power comes great responsibility. In this article we look at why collaboration is key to minimising the risks whilst getting the best out of the opportunities offered by AI.

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Blog

Restarting your business and implementing Government guidance to support NHS Test and Trace

Published on 02 July 2020. By Jon Bartley, Partner and Victoria Noto, Associate

In its latest guidance on keeping workers and customers safe during COVID-19 in restaurants, pubs, bars and takeaway services (23 June 2020), the Government has recommended that businesses operating in these sectors keep a temporary record of customers and visitors for 21 days. This will assist NHS Test and Trace with requests for that data if needed.

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Blog

Restarting your business and implementing Government guidance to support NHS Test and Trace

Published on 02 July 2020. By Jon Bartley, Partner and Victoria Noto, Associate

In its latest guidance on keeping workers and customers safe during COVID-19 in restaurants, pubs, bars and takeaway services (23 June 2020), the Government has recommended that businesses operating in these sectors keep a temporary record of customers and visitors for 21 days. This will assist NHS Test and Trace with requests for that data if needed.

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Blog

Waiving goodbye to privilege – reliance is key

Published on 02 July 2020. By Daniel Hemming, Partner and Steven Rajavinothan, Associate

In what circumstances will a party waive privilege over legal advice by referring to it in evidence?

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Publication

Tax Bites - July 2020

Published on 02 July 2020. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.

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Blog

Hart v Large: Important guidance for surveyors when advising prospective purchasers

Published on 02 July 2020. By Alexandra Anderson, Partner and Lucy Cadwallader, Associate

The judgment in Hart v Large provides important guidance on the scope of a surveyor's duty when advising prospective purchasers. It also highlights that the courts may be willing to depart from the usual measures of loss, in order to achieve what they consider to be a fair outcome.

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Blog

HMRC powers to tackle furlough fraudsters – take action now!

Published on 02 July 2020. By Michelle Sloane, Partner

At the time of writing, over 25% of the UK workforce is being supported by the Government's Coronavirus Job Retention Scheme (the furlough scheme) at a cost of around £20 billion. In addition to this, some 2.6 million people are enrolled on the Self-Employment Income Support Scheme (the SEISS) at an additional cost of £7.5 billion.

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Blog

All change! No extension means major changes for IP rights holders from 1 January 2021

Published on 02 July 2020. By Ben Mark, Partner and Sarah Mountain, Senior Associate

Under Article 132 of the Withdrawal Agreement, 30 June 2020 was the last day that the UK could have requested an extension to the Brexit transition period. The COVID-19 outbreak prompted many to speculate that a request would be made but the deadline passed, without event.

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Blog

'Nosecco' is a no-no, says the High Court

Published on 01 July 2020. By Ciara Cullen, Partner and Sarah Mountain, Senior Associate

In recent years, health and wellbeing has been big business in the UK. The COVID-19 outbreak has only further stoked the desire to obtain and maintain healthy minds and bodies and the trend looks set to continue, across the retail sector.

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Blog

'Nosecco' is a no-no, says the High Court

Published on 01 July 2020. By Ciara Cullen, Partner and Sarah Mountain, Senior Associate

In recent years, health and wellbeing has been big business in the UK. The COVID-19 outbreak has only further stoked the desire to obtain and maintain healthy minds and bodies and the trend looks set to continue, across the retail sector.

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Publication

Health and Safety Bulletin – June 2020

01 July 2020

Welcome to the latest edition of our Health and Safety update.

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Blog

Cyber bytes - Issue 17

Published on 01 July 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

Bella Figura – Unauthorised payment charge set aside

Published on 01 July 2020. By Constantine Christofi, Senior Associate

In HMRC v Bella Figura [2020] UKUT, the Upper Tribunal (UT) held that a scheme sanction charge stood as a valid assessment and partially allowed the taxpayer's cross-appeal, setting aside HMRC's assessments of an unauthorised payments charge and surcharge as being out of time.

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Blog

PRA and FCA joint forum publishes guidance to all firms on climate-related financial risks

Published on 30 June 2020. By Edward Colville, Legal Director

On 29 June 2020, the Climate Financial Risk Forum (CFRF) published a guide providing practical recommendations to firms of all sizes on the financial risks associated with climate change.

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Blog

COVID-19 Update on Commercial Tenants' Rights Regarding Rent

Published on 29 June 2020. By Sarah Wilkinson, Senior Associate and Catherine Young, Associate

This blog sets out an update to government intervention affecting commercial tenants in response to COVID-19. We are continuing to field numerous enquiries from tenants seeking advice about whether rent holidays, reductions and other concessions can be obtained in these unprecedented times.

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Blog

No hugs or kisses from the General Court

Published on 29 June 2020. By Sarah Mountain, Senior Associate and Samuel Coppard, Associate

The General Court has dismissed an action brought by Global Brand Holdings, LLC (Global Brand), against the European Union Intellectual Property Office (EUIPO). The action concerned the EUIPO's refusal to register an EU trade mark (EUTM) for "XOXO" on grounds that it lacked distinctive character.

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Publication

Corporate tax update - June 2020

Published on 26 June 2020. By Ben Roberts, Partner and Adam Craggs, Partner and Robert Waterson, Partner

Welcome to the latest edition of our corporate tax update, written by members of RPC’s tax team. This month’s update reports on some of the key developments from May 2020. As well as some further COVID-19 related tax developments, this month’s report also has a bit of a sports theme with summaries of decisions involving an ex-England cricket captain and football referees. As ever we hope you, your family and friends are all staying safe.

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Publication

V@ update - June 2020

Published on 26 June 2020. By Adam Craggs, Partner and Rebekka Sandwell, Associate

Welcome to RPC's V@, a monthly update on developments in the VAT world that may impact your business. In this month’s update we report on (1) VAT treatment on fixed odds betting terminals and gaming machines; (2) VAT treatment of property search fees charged by solicitors and conveyancers; and (3) domestic reverse charge VAT for construction services ­delay in implementation.

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Blog

Privileged but admissible? When can without prejudice material be pleaded in statements of case?

Published on 26 June 2020. By Simon Hart, Partner and Rosy Gibson, Associate

The High Court considered the scope of the existing exceptions to the Without Prejudice Rule in its recent decision of Berkeley Square Holding & others v Lancer Property Asset Management & others(1). This well-known rule protects communications made in a genuine attempt to settle an existing dispute from later deployment in court. The Court allowed passages from papers prepared for a mediation to be admitted into the proceedings under two exceptions to the Without Prejudice Rule.

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Publication

Regulatory update - June 2020

Published on 26 June 2020. By Gavin Reese, Partner

Welcome to the June edition of our monthly Regulatory Update, which aims to pull together key developments from the past month across the various UK regulators – and help you to navigate the regulatory maze.

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Publication

Spotlight on private wealth - June 2020

25 June 2020

Our quarterly update is designed to keep you up to speed with developments in the private wealth world.

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Blog

FCA appoints new CEO

Published on 25 June 2020. By Jennifer Inman, Paralegal

The Financial Conduct Authority (FCA) has appointed Nikhil Rathi, the UK head of the London Stock Exchange, as its new permanent chief executive, making him the first BAME leader of the UK's city regulator.

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Press and Media

RPC appoints Oliver Bray as its new Senior Partner

25 June 2020

The City-headquartered law firm RPC has appointed Oliver Bray as its new Senior Partner for a three-year term by the firm's partnership. The Senior Partner role at RPC includes supporting the firm's Managing Partner on partnership affairs.

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Publication

Sports Ticker #15

Published on 24 June 2020. By Jeremy Drew, Partner and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, Associate

Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

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Blog

RPC Bites #11

Published on 24 June 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure. Enjoy!

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Blog

Sippchoice – Allowable contributions to a SIPP are restricted to payments of money

Published on 24 June 2020. By Constantine Christofi, Senior Associate

In HMRC v Sippchoice Ltd [2020] UKUT 0149 (TCC), the Upper Tribunal (UT) has allowed HMRC’s appeal and confirmed that 'contributions paid' to a SIPP are restricted to contributions of money and do not encompass transfers of non-monetary assets.

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Blog

Relief from sanction: claimant being forced to pursue his solicitors for negligence is not desirable

Published on 23 June 2020. By Aimee Talbot, Senior Associate and Will Sefton, Partner

A recent High Court decision demonstrates a common-sense, realistic approach to relief from sanctions. Solicitors might have become used to judges, when striking claims out, reassuring the claimant that they can always sue their solicitors for negligence. In a welcome judgment, Mr Justice Fancourt reversed a decision to refuse relief from sanction.

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Blog

SRA powers and client legal professional privilege: Part I

Published on 23 June 2020. By Graham Reid, Legal Director, Professional Regulation

Legal professional privilege gets a pretty good billing in the case-law.

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Blog

International risk team: Practical issues resulting from the impact of lockdown restrictions on BI/DSU losses

Published on 22 June 2020. By Alex Almaguer, Latin America Insurance Practice Lead and Chris Burt, Senior Associate

There has been much discussion about the general impact of COVID-19 on the insurance sector. In this note we highlight some practical issues (re)insurers are facing following the imposition of lockdown restrictions implemented by governments on existing or new BI/DSU losses where there is covered PD that is unconnected with COVID-19.

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Press and Media

RPC advises lead investor Mobeus Equity Partners on £4 million funding round for EdTech business MyTutor

19 June 2020

City-based law firm RPC has acted for lead investor Mobeus Equity Partners LLP in connection with its latest investment into EdTech business MyTutor, one of the leading digital platforms in the UK tutoring market. Mobeus was lead investor in the £4m investment round, the proceeds of which will be used to support MyTutor's ambitious growth plans.

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Blog

Freezing orders: risk of dissipation? Get real

Published on 18 June 2020. By Jonathan Cary, Partner and Jodie Gittins, Associate

The High Court has issued an important reminder of the need for solid evidence of a real risk that the respondent will take steps to dissipate their assets to frustrate a judgment in applications to continue a worldwide freezing order (WFO). Evidence of dishonesty alone is not enough, and conduct falling short of dishonesty is less likely to suffice. Evidence of untrustworthiness, or even dishonesty, does not amount to sufficiently robust evidence of a real risk of dissipation to continue a worldwide freezing order.

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Video

TerraLex virtual meeting: The new wave of M&A

Published on 18 June 2020. By Neil Brown, Partner and Paul Joukador, Partner

In this video presentation, RPC's Neil Brown and Paul Joukador meet with Lori Green and Rick McGuirk to discuss issues related to force majeure, frustration of purpose, material adverse change, and how they’ve been impacted and will likely change in the post-pandemic world.

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Publication

Lessons from Lockdown - Conducting AGMs in Hong Kong

Published on 18 June 2020. By Andrew Carpenter, Partner and Yvonne Tang, Senior Associate

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Press and Media

TerraLex hosts groundbreaking virtual global meeting proving nothing can stop the network from collaborating and working together

18 June 2020

17 June 2020 – TerraLex, one of the largest global law firm networks with 163 member firms in 100 countries, is innovating to help members weather the storm of the pandemic and economic downturn.

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Blog

Equity Release Market Under the Spotlight

Published on 18 June 2020. By Rachael Healey, Partner

Yesterday the FCA published its key findings from exploratory work involving "later life lending". This type of lending is broadly where consumers 55 and over use borrowing to access cash in later life. One of those options is equity release which was the focus of the FCA's work. The FCA's focus on equity release appears to have resulted from an initial review of the broader later life lending market, at which time the FCA identified some "poor outcomes" in equity release sales.

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Blog

Beware the desire to "make hay while the sun shines" – the ASA warns marketers to "think very carefully" before making COVID-19 claims

Published on 17 June 2020. By Sarah Mountain, Senior Associate and Esme O'Hagen, Associate

There is no denying the recent popularity of health and wellness trends: As at the end of 2018, the market had an estimated global value of $4.2 trillion. During the current climate, it has understandably gathered even more traction, with consumers increasingly concerned about obtaining and maintaining healthy bodies and minds.

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Blog

Beware the desire to "make hay while the sun shines" – the ASA warns marketers to "think very carefully" before making COVID-19 claims

Published on 17 June 2020. By Sarah Mountain, Senior Associate and Esme O'Hagen, Associate

There is no denying the recent popularity of health and wellness trends: As at the end of 2018, the market had an estimated global value of $4.2 trillion. During the current climate, it has understandably gathered even more traction, with consumers increasingly concerned about obtaining and maintaining healthy bodies and minds.

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Blog

Wheely good news for product designers?

Published on 17 June 2020. By Ben Mark, Partner and Alessandro Cerri, Associate

In Brompton Bicycle, C-833/18, the CJEU has confirmed that copyright can subsist in designs that are shaped to achieve a certain technical result, provided certain conditions are met.

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Blog

NCL - Court of Appeal upholds tribunal decisions and confirms that a company was entitled to deductions representing IFRS 2 debits

Published on 17 June 2020. By Alexis Armitage, Associate

In HMRC v NCL Investments Ltd and Smith & Williamson Corporate Services Ltd [2020] EWCA Civ 663, the Court of Appeal has confirmed that accounting debits relating to the grant of share options to employees were a deductible expense for corporation tax purposes notwithstanding that no monies were actually expended.

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Blog

Hong Kong Courts – Expansion of use of remote hearings

Published on 17 June 2020. By Carmel Green, Partner

As expected, the judiciary in Hong Kong has announced that it will expand the use of remote hearings for civil cases. The first Guidance Note for Remote Hearings for Civil Business in the High Court (Phase 1) came into effect on 3 April 2020. This was during the general adjourned period (GAP), when the courts were generally closed as a result of COVID-19, save for urgent and essential court business. The GAP came to an end on 3 May 2020.

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