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Blog

Letters of Credit under commodity contracts – keep the focus

Published on 17 August 2018. By Stuart Shepherd, Partner

This blog takes a look at the issues concerning the timing of the provision of letters of credit under commodity contracts and the importance, from both the buyer's and seller's perspective, of keeping an "eye on the ball".

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Blog

Dr Bawa-Garba wins appeal against strike off

Published on 17 August 2018. By Genevieve Isherwood, Associate

On Monday, the Court of Appeal unanimously found in Dr Bawa Garba's favour meaning she now is able to seek work as a Junior Doctor.

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Blog

Has Instagram made it cool to be sensible?

Published on 15 August 2018. By Sami Thompson, Trainee Solicitor

Recent studies suggest that teenage rebellion is a thing of the past. The post-millennial age group, a.k.a. 'Generation Sensible', is apparently more interested in studying and family-time than ever before. Social media has been cited as a contributing factor, as it reduces the need for face-to-face contact between friends. But has it had a more active role in this behavioural shift?

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Blog

A variation on a theme of settlement

Published on 14 August 2018. By Davina Given, Partner and Parham Kouchikali, Partner and Elizabeth Wiggin, Associate

In this unusual case, the Court was asked to determine a dispute regarding the settlement of a debt alleged to be owed to the Claimant following a sale at Sotheby's of various Persian antiquities. The case will be of interest to practitioners in its examination of the circumstances in which a party is able to discharge its liability under a settlement agreement through the payment of a lesser sum than that originally agreed. The judgment also provides a valuable insight into the antiquities world, and its comments on the close community in which the parties operated are particularly pertinent for those in the art arena who are considering embarking upon litigation.

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Blog

Update: Automated and Electric Vehicles Act 2018

Published on 10 August 2018. By Richard Breavington, Partner and Sarah Hill, Legal Director

New legislation relating to automated vehicles clarifies liability issues and insurance coverage, and adds provisions relating to electric vehicles.

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Snapshot

Snapshots - Summer 2018

10 August 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

Trustees of defined benefit schemes – are they on the hook for pension transfers? Yes says the Pension Ombudsman

Published on 09 August 2018. By Rachael Healey, Legal Director

The Pension Ombudsman has upheld a complaint against the trustees of a defined benefit scheme for failing to warn of the risks of a transfer to a pension liberation scheme. The Pension Ombudsman found that had the trustees provided documentation recommended under guidance from the Pension Regulator and identified and warned the member of certain hallmarks of a pension liberation scheme, the member would not have transferred his pension. The Pension Ombudsman has directed the trustees to reinstate the complainant's pension in the defined benefit scheme and pay £1,000 in distress and inconvenience.

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Publication

General liability newsletter July 2018

Published on 09 August 2018. By Gavin Reese, Partner and Jonathan Drake, Senior Associate and Nick McMahon, Head of Health and Safety

The latest general liability news coming out of the courts.

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Snapshot

Advertised delivery restrictions and surcharges: CAP Enforcement Notice

09 August 2018

How careful do you need to be about making delivery claims like “Free UK Delivery”? Can you bury additional delivery charges for (say) the Scottish Isles in your T&Cs when making such an absolute claim? (Quick answer = no!).

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Snapshot

ASA: blind taste test not misleading - Bulmers

09 August 2018

What information do you need to include in a comparative ad to support your claim? Can you round up figures to the nearest percentage if you make this clear in the small text?

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Snapshot

ASA: misleading “was” price claim: Victoria Plum

09 August 2018

When will a “was” price in a savings claim be considered misleading?

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Snapshot

ASA: omission of promotional T&Cs: prettylittlething

09 August 2018

What information must be included in the main body of an advert?

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Snapshot

ASA: "our best prices" claim misleading – Sky UK

09 August 2018

What does "our best prices" actually mean? Does it mean our best prices for the relevant products at the time the ad appears? Or does it mean our best "ever" prices or our best prices for a "reasonable" amount of time before the offer?

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Snapshot

ASA refers Viagogo to Trading Standards for misleading advertising

09 August 2018

How likely is the ASA to impose further sanctions when an entity fails to act upon the ASA's instructions?

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Snapshot

ASA: "studio-quality" camera claim not misleading - Apple

09 August 2018

What factors will the ASA consider when assessing statements made in ads? And what meaning will be given to industry standard terms when used in a different market context?

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Snapshot

ASA: "was" prices did not represent genuine savings against usual selling prices - Currys

09 August 2018

Can "was" prices be used in ads if the prices claimed were used many months before the promotion?

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Snapshot

CAP announces 12 month review of rules on advertising HFSS products

09 August 2018

The Committee of Advertising Practice (CAP) has announced the terms of reference for its review of the rules introduced in 2017 on the advertising of food and soft drinks high in fat, salt and sugar (HFSS) in non-broadcast media.

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Snapshot

CAP consults on harmful gender stereotypes

09 August 2018

The Committee of Advertising Practice (CAP) has launched a public consultation on a new rule to tackle harmful gender stereotypes in advertising, as well as guidance to advertisers on how the new rule should be interpreted in practice.

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Snapshot

CAP Guidance on 'Compulsory costs and charges: Delivery charges'

09 August 2018

How should retailers advertise their delivery charges, in order to comply with the Committee of Advertising Practice’s (CAP) new guidance?

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Blog

Bradshaw – Tribunal confirms ignorance of the law is a reasonable excuse and cancels  penalties

Published on 09 August 2018. By Michelle Sloane, Senior Associate

In A and R Bradshaw v HMRC [2018] UKFTT 0368 (TC), the First-tier Tribunal (FTT) has held that a taxpayer's ignorance of the law is a reasonable excuse in relation to the late filing of a non-resident CGT return (NRCGT return).

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Snapshot

Injunctions in the age of digital media

09 August 2018

What should be the right scope of an interim injunction where a trade mark is infringed on social media? And how careful do you need to be of using third party trade marks in ad campaigns?

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Snapshot

Blocking orders in relation to counterfeit goods

09 August 2018

Who is liable to pay the costs of implementing a blocking order?

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Snapshot

UK's data retention powers incompatible with EU Law

09 August 2018

Are the UK security services' data retention powers compatible with the new privacy regime under EU Law?

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Snapshot

Administrator of Facebook fan page held to be data controller

09 August 2018

Is the administrator of a fan page on Facebook a "controller" for the purposes of the Data Protection Directive (95/46/EC) (DPD)?

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Snapshot

Fine for theft of employer’s personal data

09 August 2018

Can departing employees be fined for stealing their employer's personal data? Even if the theft is relatively "minor"?

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Snapshot

ICO draft guidance: Data Protection Impact Assessments

09 August 2018

When and how should a data controller conduct a Data Protection Impact Assessment (DPIA) under the GDPR?

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Snapshot

ICO draft guidance: legitimate interests as a lawful basis for processing

09 August 2018

The GDPR significantly alters the balance of obligations, responsibilities and liabilities for controllers and processors of data. It mandates that a processor must have a lawful basis for the processing of data. However There are some impactful changes, particularly when looking to rely on legitimate interests as the lawful basis upon which a processor intends to process data.

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Snapshot

ICO guidance: “consent is not the silver bullet for GDPR compliance”

09 August 2018

The ICO reiterated that organisations do not necessarily need to obtain fresh consent from all of their customers in order to comply with GDPR.

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Snapshot

The new data protection fee

09 August 2018

From 25 May 2018, as part of the revamp by the General Data Protection Regulation (GDPR), the Data Protection (Charges and Information) Regulations 2018 (the 2018 Regulations) came into force. Amongst other things, these regulations change the way the ICO fund their data protection work.

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Snapshot

WP29 revised guidelines: personal data breach notification

09 August 2018

When should a data controller or processor notify a personal data breach?

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Snapshot

Contractual Interpretation - no oral modification clauses

09 August 2018

Is a no oral modification clause legally effective?

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Snapshot

Contractual interpretation – express "good faith" clauses

09 August 2018

What approach will the courts take in relation to an express "good faith" clause?

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Snapshot

Contractual interpretation – recitals

09 August 2018

What factors will a court consider when interpreting contractual clauses?

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Snapshot

Damages – "negotiating damages" for breach of contract

09 August 2018

In what circumstances are "negotiating" (ie Wrotham Park) damages available?

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Blog

EIOPA Report on Cyber Insurance raises awareness and understanding of cyber risk in the European market

Published on 08 August 2018. By Anthony Cutler, Associate and Bethan Griffiths, Associate

The European Insurance and Occupational Pensions Authority ("EIOPA") has published a report "Understanding Cyber Insurance – A Structured Dialogue with Insurance Companies", which heralds its first attempt to enhance understanding of cyber risk with a focus on the European market.

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Press and Media

Value of UK e-retail M&A deals up 14-fold in the last year

07 August 2018

M&A activity has been driven by deals targeting luxury fashion e-retailers, as both luxury brands and retailers look to rapidly expand their online sales presence.

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Blog

Shaw: Tribunal cancels penalties … again!

Published on 06 August 2018. By Constantine Christofi, Associate

In Shaw v HMRC [2018] UKFTT 0381 (TC), the First-tier Tribunal (FTT) has cancelled late filing penalties because HMRC had not satisfied the statutory requirements of section 8(1), Taxes Management Act 1970 (TMA) as a notice to file had not been validly served on the appellant.

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Blog

Adjudication and liquidation – the final word?

Published on 03 August 2018. By Sarah Shafiq, Associate and Dan Preston, Partner

It is generally the case (though not always!) that courts are reluctant to enforce monetary award adjudication decisions in favour of companies in liquidation (CILs). This is because of the uncertainty surrounding the CIL’s ability to repay those sums should it later transpire it was not entitled to the award.

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Blog

Online Prescriptions or Real Life Addictions?

Published on 02 August 2018. By Natalie Drew, Senior Associate

With the rules around online prescribing set to be strengthened, we consider why these changes have come about, and what it might mean for patients and prescribers.

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Blog

US talc litigation has important lessons for UK insurers

Published on 02 August 2018. By Peter Rudd-Clarke, Legal Director and Nick McMahon, Head of Health and Safety

Although it is unlikely litigation involving household staples such as talcum powder could succeed in the UK, the ongoing US litigation underlines a significant trend in product liability exposures.

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Publication

Tax update August 2018

Published on 01 August 2018. By Adam Craggs, Partner

In this month’s update we report on the summary of responses to HMRC’s consultation on extending time limits for offshore non-compliance, HMRC’s policy paper on “profit-fragmentation” and HMRC’s consultation on proposals for new civil information gathering powers for HMRC.

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Blog

New rules for peer-to-peer lending announced by FCA

Published on 01 August 2018. By Ashley Daniells, Associate

The popularity of peer-to-peer (P2P) lending has increased exponentially in recent years, with nearly £10 billion being transferred through such platforms in the past ten years. In an attempt to fix "increasingly complex business structures", the FCA has announced new plans for new rules for peer-to-peer (P2P) lending.

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Blog

Tager – Court of Appeal allows taxpayers' appeals and reduces penalties for failure to comply with information notices

Published on 31 July 2018. By Robert Waterson, Legal Director

In Tager & Ors v HMRC [2018] EWCA Civ 1727, in allowing the taxpayers' appeals, the Court of Appeal has provided some general observations on the scope and purpose of HMRC's power to impose tax-related penalties under paragraph 50, Schedule 36, Finance Act 2008 for failures to comply with information notices issued under paragraph 1, Schedule 36, Finance Act 2008.

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Press and Media

UK trade marks for spirits rise 41% in one year as popularity of artisan spirits surges

30 July 2018

The number of trade marks registered for spirits and liqueurs in the UK has jumped 41% to 2,210 in 2017, up from 1,570 the previous year* as demand for artisan spirits grows.

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Blog

Online resale price maintenance and pricing software under scrutiny

Published on 30 July 2018. By Lambros Kilaniotis, Partner and Melanie Musgrave, Senior Associate

The imposition of fixed or minimum prices on their online retailers, in breach of EU competition law, has resulted in four consumer electronics manufacturers being fined over €111 million in total by the European Commission.

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Publication

Construction newsletter July 2018

30 July 2018

What challenges does the construction industry face and what does the future hold?

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Blog

RPC Retail Compass 2018 Summer Edition

Published on 27 July 2018. By Nigel Collins, Partner, Head of Japan Desk

Legal and policy changes affecting retail.

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Blog

Good news for UK share sellers - capital gains tax relief relaxed

Published on 27 July 2018. By Ben Roberts, Senior Associate and Nigel Collins, Partner, Head of Japan Desk

The UK's entrepreneurs' relief (ER), which is already a valuable tax relief for individual UK-resident sellers of trading companies, is about to become a little more generous.

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Blog

Investing to Innovate

Published on 26 July 2018. By Mark Crichard, Partner and Alyson Lloyd, Senior Associate

Ocado aims to "change the way the world shops" with B2B technology offerings for retailers

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Publication

VAT update July 2018

25 July 2018

In this month’s update we report on the alignment of the period for recovery of VAT by exempt public sector entities; new guidance concerning VAT liability on goods supplied on approval; and HMRC’s policy paper on a new regime for interest and penalties.

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