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Press and Media

RPC Premier Law Partner appointed Senior Counsel at Singapore Bar

18 January 2019

Partner Siraj Omar has been appointed Senior Counsel by the Chief Justice of Singapore.

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Blog

Trainees took on 2018: did we predict the unpredictable?

Published on 16 January 2019. By Charlie Gould, Trainee Solicitor and Daisy Fulton, Trainee Solicitor and Hannah Ridzuan-Allen, Trainee Solicitor and Leah Wood, Trainee Solicitor and Matthew Plampton, Trainee Solicitor and Sean Cannon, Trainee Solicitor

2018 certainly will not be forgotten in a hurry, and what a year it was. Brexit negotiations dominated headlines, Theresa May's 'Dancing Queen' routine went viral, and England made it to the semi-finals of the World Cup! No, we didn't predict that either.

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Blog

Four UK financial crime compliance predictions for 2019

Published on 15 January 2019. By Sam Tate, Partner

Last week we published our "UK white-collar crime enforcement predictions for 2019". This week, it is the turn of financial crime compliance.

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Blog

Hairdryer treatment for medical staff who accessed Sir Alex Ferguson's medical records

Published on 14 January 2019. By Charlie Gould, Trainee Solicitor

After the former Manchester United manager's medical records were accessed by staff at the Salford Royal Hospital, what are the likely GDPR and Data Protection Act consequences?

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Blog

Part One: Overview of side letters & MFNs when investing in private equity funds

Published on 14 January 2019. By William L. Jones, Senior Associate

In the first of a three part series we consider the importance of side letters and most favoured nations (MFN) clauses in private equity funds.

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Blog

Artificial Intelligence, collaboration with online platforms and tackling the 'Wild West': How the ASA plans to make its impact online over the next 5 years

Published on 11 January 2019. By Oliver Bray, Partner and Victoria Noto, Associate

Given that online adverts made up 88% of all adverts where action was taken by the ASA in 2017, it is unsurprising that the regulation of online advertising is central to the ASA's strategy for the next 5 years.

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Blog

New regulations to permit assignment of receivables under commercial contracts now in force

Published on 11 January 2019. By Edward Colville, Legal Director

After more than four years of consultation, draft regulations and revisions, the Business Contract Terms (Assignment of Receivables) Regulations 2018 (the Regulations) have now taken effect, and apply to all relevant contracts entered into on or after 31 December 2018.

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Blog

Graham: taxpayer successfully appeals against APN penalty

Published on 11 January 2019. By Robert Waterson, Legal Director

In Kevin Graham v HMRC [2018] UKFTT 661 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal against a penalty imposed by HMRC for non-payment of an accelerated payment notice (APN).

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Publication

Amendments to the Therapeutic Goods Advertising Code (Australia)

10 January 2019

On 1 January 2019, the Therapeutic Goods Advertising (2018 Code) will replace the 2015 Code.

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Publication

Retail Compass: Navigating future change

Published on 10 January 2019. By Jeremy Drew, Partner and Karen Hendy, Head of Corporate

We are pleased to present our Retail Compass New Year edition 2019.

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Blog

All that glitters is not "Gold"

Published on 09 January 2019. By Esme O'Hagen, Associate and Ciara Cullen, Partner

How does the court calculate what a reasonable license fee is, and what conduct will be sufficient for the court to award additional damages under section 92(2) of the Copyright, Designs and Patents Act 1998?

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Blog

Four UK white collar crime predictions for 2019

Published on 08 January 2019. By Sam Tate, Partner and Toby Lamarque, Managing Consultant - Regulatory and Financial Crime

The coming year presents itself as particularly unpredictable for white collar crime enforcement in the UK, given the shadow of Brexit, changes of staff at the SFO and a series of long-standing cases due for resolution. Nostradamus would struggle, but, nevertheless, here is RPC's forecast of what to expect in 2019.

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Blog

Ground conditions: An entitlement to additional costs despite accepting risk?

Published on 08 January 2019. By Jamie Key, Senior Associate

The High Court published a decision late last year which deals with a frequently encountered issue; a claim for additional payment where a sub-contractor encountered adverse ground conditions. The sub-contractor, Clancy Docwra, was engaged by E.ON Energy to excavate trenches in connection with the installation of a district heat network in central London. During the course of the project Clancy Docwra encountered adverse ground conditions (in particular underground brick walls and brick rubble) and the parties were in dispute over what additional entitlement Clancy Docwra had in relation to those works.

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Blog

NDAs: Not done with after all?

Published on 08 January 2019. By Alice Tittensor, Trainee Solicitor

Non-Disclosure Agreements are currently under significant scrutiny following various public scandals in which they have been used to silence employees who were allegedly subjected to harassment by their employers. In light of this recent controversy, this article explores the current debate surrounding NDAs.

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Blog

Funding for disputes – “one step forward”

Published on 04 January 2019. By David Smyth, Senior Partner, Hong Kong and Michael Maguiness, Of Counsel

In a significant development in June 2017, the Arbitration and Mediation Legislation (Third Party Funding) (Amendment) Ordinance was enacted. It provides for a legislative regime for third party funding of arbitration and mediation in Hong Kong.

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Blog

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

Published on 02 January 2019. By Sarah Shaul, Associate and Andy McGregor, Partner

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

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Snapshot

Snapshots - Winter 2018

27 December 2018

This is your roundup of all recent legal updates spanning advertising & marketing, commercial cases,technology / digital, data protection and intellectual property.

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Blog

Ban of combustible materials in cladding

Published on 21 December 2018. By Christina Cheriyan, Associate

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

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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Snapshot

Argos Limited v Argos Systems Inc [2018]

20 December 2018

How will the Court interpret the three limb test of Article 9(1)(c) of the EU Trade Mark Regulation?

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Snapshot

Arcadis Consulting (UK) Limited v AMEC (BCS) Limited [2018]

20 December 2018

What approach does the Court take in relation to the “letters of intent” pending final agreements being concluded?

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Snapshot

Fawaz Al-Hasawi v Nottingham Forest Football Club Ltd [2018] EWHC 2884

20 December 2018

Will an entire agreement clause exclude claims for misrepresentation?

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Snapshot

GPP Big Field LLP v Solar EPC Solutions SL (Formerly Prosolia Siglio XXI) [2018]

20 December 2018

Do liquidated damages clauses amount to unenforceable penalties? What is the difference between a guarantee and indemnity?

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Snapshot

Government announces plans to prohibit certain contractual termination clauses

20 December 2018

Which termination clauses will likely be prohibited by any new legislation?

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Snapshot

UBS v Rose Capital Ventures Limited and others

20 December 2018

Is there a duty to act rationally and in good faith when exercising a contractual right without cause (the Braganza duty)?

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Snapshot

Reformation Publishing Co Ltd v Cruiseco Ltd (Spandau Ballet)

20 December 2018

How does the court calculate a reasonable licence fee, and what conduct is sufficient for the court to award additional damages under Section 97(2) of the Copyright, Designs and Patents Act 1998?

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Snapshot

Gambling ads of “particular appeal” to children

20 December 2018

How easy is it for gambling websites to stray into creating content which is of “particular appeal” to children and therefore banned under the CAP Code?

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Snapshot

Consultation on age and identity verification

20 December 2018

What are the new age and identity verification rules that the Gambling Commission proposes to introduce?

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Snapshot

Failing to honour a gift promotion – ASA ruling against Superdrug

20 December 2018

What happens if you run out of gift stock so you can’t honour a promotion? Put another way, what must you do to ensure promotions are administered fairly?

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Snapshot

ASA announcement on prize winners rule under the GDPR

20 December 2018

Are promoters still required to publish the details of prize winners? How does this sit with the GDPR?

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Snapshot

#Ad-vice for influencers and brands

20 December 2018

How to comply with CAP’s new Influencer’s Guide?

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Snapshot

Savings claims not substantiated and significant limitations omitted – Laura Ashley Ltd

20 December 2018

How careful do you need to be in substantiating savings claims? And in what circumstances can you extend a promotional closing date?

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Snapshot

New CAP Code rules on the use of data for marketing

20 December 2018

How have the Committee of Advertising Practice’s (CAP) rules on the use of data for marketing changed as a result of the General Data Protection Regulation (GDPR)?

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Snapshot

Under an obligation to repost an article you’ve written? You may need #ad – ASA rules against Platinum Gaming Ltd t/a Unibet

20 December 2018

When should a twitter post promoting a blog be classed as an ad, meaning that it should be clearly labelled as such?

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Snapshot

Placing HFSS ads too close to schools

20 December 2018

How close is too close when advertising an HFSS ad near a school? And what falls under the meaning of school?

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Snapshot

ASA issues guidance on HFSS media placement

20 December 2018

How can ads avoid falling foul of the CAP Code’s HFSS restrictions?

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Snapshot

Coco’s revenge – ASA reverses Kellogg’s HFSS decision

20 December 2018

Can a brand-generated character known for advertising HFSS products be used to promote a non-HFSS product to children?

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Snapshot

CAP tips on social media prize promotions

20 December 2018

What steps do you need to take to run a compliant prize promotion on social media?

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Snapshot

“By your side” claim not misleading – Lloyds Bank

20 December 2018

How do you distinguish between advertising “puffery” and a misleading ad?

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Snapshot

CAP issues new guidance on RRP comparisons

20 December 2018

Advertisements using comparisons against recommended retail prices (RRP) have long been the norm, but advertisers should be aware that these price comparisons may mislead customers if the RRP differs significantly from the price at which the product or service is generally sold.

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Snapshot

Unjustified Geoblocking Regulation

20 December 2018

Can a business block EU consumers from accessing their website to purchase goods or services?

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Snapshot

The EU fights “fake news”

20 December 2018

What will the EU’s code of practice on disinformation mean for tech companies?

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Snapshot

Amended UK consumer regulations in advance of Brexit

20 December 2018

What consumer protection provisions are being put in place to prepare for Brexit?

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Snapshot

Viagogo ordered to provide better information on ticket purchasing

20 December 2018

What steps will Viagogo be required to take in order to better protect consumers and what does this mean for the company and its consumers?

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Snapshot

Misrepresentations during the selling process

20 December 2018

At what point do misleading statements in a selling process become misrepresentations?

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Snapshot

Equifax fined £500,000 for data breach of 15m UK customers

20 December 2018

Had Equifax taken adequate and effective measures to protect customer data?

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Snapshot

Bupa fined for systemic data protection failures

20 December 2018

What if an employee goes rogue with your personal data? Will you be able to show effective oversight measures including monitoring of employee access to databases?

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Snapshot

Six month imprisonment in first ICO computer misuse act prosecution

20 December 2018

Is the Information Commissioner’s Office (ICO) extending the scope and severity of its enforcement powers?

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Snapshot

Various Claimants v WM Morrisons Supermarket PLC

20 December 2018

Can a business be held vicariously liable for the actions of an employee who deliberately breaches its data protection policies and data protection law?

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Snapshot

What if there’s no Brexit deal?

20 December 2018

Where does a no deal scenario leave our obligations under EU data protection principles?

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