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Snapshot

Unfair Contract Terms Act

25 September 2017

African Export-Import Bank v Shebah Exploration & Production Company Ltd

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Snapshot

Exclusion clauses

25 September 2017

Excluding liability for negligence was reasonable – Goodlife Foods Ltd v Hall Fire Protection Ltd [2017] EWHC 767 (TCC)

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Snapshot

Supreme Court decision on conflicting contractual standards – MT Højgaard A/S v E.On Climate and Renewables UK Robin Rigg East Ltd [2017] UKSC 59

25 September 2017

How will the Court resolve conflicting contractual standards, e.g. between general obligations and specified international standards?

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Snapshot

Contractual discretion

25 September 2017

Rationality in exercise of discretion – Watson and others v Watchfinder.co.uk Limited [2017] EWHC 1275

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Snapshot

Unclear limitation clauses

25 September 2017

Royal Devon and Exeter NHS Foundation Trust v ATOS IT Services UK Ltd [2017] EWHC 2197 (TCC)

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Blog

MiFID II & Inducements

Published on 21 September 2017. By Matthew Watson, Associate

FCA MiFiD Inducements Consultation Paper

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Press and Media

Simon Laird takes seat on instech advisory board

Published on 21 September 2017. By Simon Laird, Global Head of Insurance

RPC's Head of Insurance joins conversation at the heart of InsurTech

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Blog

Landmark ruling on end of life care

Published on 21 September 2017. By Hannah Land, Associate

Huntington's patient: Court rules Court application no longer necessary in end of life care where patient's family and doctors are in agreement

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Blog

The costs of surrogacy: a valid and separate head of claim

Published on 20 September 2017. By Emma Kislingbury, Associate

A claimant has been awarded £74,000 for the costs of a surrogacy arrangement, following a hospital's delay in diagnosing cervical cancer.

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Publication

FCA makes maiden market investigation reference

Published on 20 September 2017. By Lambros Kilaniotis, Partner and Melanie Musgrave, Senior Associate and James Mee, Partner and James Kaufmann, Legal Director and Alun Marriott, Partner - RPC Consulting

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Blog

Gekko – HMRC's unreasonable conduct leads to costs award against it

Published on 19 September 2017. By Constantine Christofi, Associate

In Gekko & Company Ltd [2017] UKFTT 586 (TC), the First-tier Tribunal (FTT), in allowing an appeal against assessments to VAT and penalties, awarded the taxpayer its costs as HMRC's conduct had been unreasonable.

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Press and Media

RPC named as Rising Law Firm of the Year in Hong Kong

Published on 18 September 2017. By David Smyth, Senior Partner, Hong Kong

Professional services firm RPC has won a top award after being handed the title of Rising Law Firm of the Year at the 2017 Asian Legal Business Awards.

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Blog

Swansea City player Bony keeps former agents in play

Published on 14 September 2017. By Joshua Charalambous, Associate and Nicole Jahanshahi, Associate

In a dispute with his agents over secret commissions, Swansea City striker Wilfried Bony has succeeded in opposing a stay in English Court proceedings, which would have been implemented had the Court found he had agreed to arbitrate. The decision is an important reminder that national courts will have jurisdiction to hear a claim if the parties have not agreed (expressly or impliedly) to resolve the dispute using arbitration.

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Blog

Thathiah: HMRC unsuccessful in first senior accounting officer penalty appeal

Published on 13 September 2017. By Michelle Sloane, Senior Associate

In Kreeson Thathiah v HMRC [2017] UKFTT 0601 (TC), the First-tier Tribunal (FTT) allowed an appeal against penalties which had been assessed on the finance director of a group of companies under the Senior Accounting Officer (SAO) regime, contained in Schedule 46, Finance Act 2009 (FA 2009), as HMRC had failed to establish that he had breached his duty as a SAO.

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Blog

Over the Insured's Dead Body

Published on 13 September 2017. By Tom Toulson, Associate

One year on from the entry into force of the Third Parties (Rights Against Insurers) Act 2010 and the fun and games are just getting started.

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Blog

Seriously limiting serious harm

Published on 12 September 2017. By Nicola Cain, Partner

Seriously limiting serious harm

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Blog

Retail sales are bright as summer comes to a close

Published on 12 September 2017. By Henry Priestley, Senior Associate and Jani Ihalainen, Paralegal

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Blog

Introducing our new commercial law briefings for retailers

Published on 11 September 2017. By Alyson Lloyd, Senior Associate

Introducing our new commercial law briefings for retailers

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Publication

Settlement considerations following the Rangers decision

08 September 2017

Following the Supreme Court’s recent judgment in the Rangers case, many employers who had established employee benefit trusts (EBTs) are facing enforcement notices in respect of income tax and National Insurance contributions.

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Blog

Hickey Plant Hire - Taxpayer successfully challenges HMRC's narrow reading of penalty rules

Published on 07 September 2017. By Robert Waterson, Legal Director

In M J Hickey Plant Hire and Contracts Ltd v HMRC [2017] UKUT 308 (TCC), the Upper Tribunal (UT) allowed the taxpayer's appeal and in a carefully considered judgment sets out the correct approach to the penalty rules applicable to 'normal' and 'delayed tax' cases, contained in Schedule 24, Finance Act 2007 (FA 2007).

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Publication

Tax update, September 2017

07 September 2017

In this month’s update we report on HMRC’s new guidance on asset-based penalties for offshore inaccuracies; the GAAR Advisory Panel’s first published opinion on tax planning involving gold bullion and Spotlight 39 on measures designed to avoid the 2019 EBT loan charge.

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Publication

Corporate tax update, second quarter 2017

05 September 2017

Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team and published quarterly.

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Press and Media

RPC hires former Hedge Fund COO and General Counsel to expand growing Funds team

Published on 04 September 2017. By Anthony Shatz, Partner

City-headquartered professional services firm RPC has hired James Kaufmann as a Legal Director in its Funds team.

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Blog

Special relationship

Published on 04 September 2017. By David Wallis, Partner and James Mee, Partner

David Wallis and Peter Sugden outline what commercial teams need to know about US/UK deals.

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Blog

Vigne - HMRC lose business property relief case

Published on 04 September 2017. By Alexis Armitage, Associate

In The Estate of Maureen W Vigne (deceased) v HMRC [2017] UKFTT 632 (TC), the First-tier Tribunal (FTT) has determined that the estate of the late Maureen Vigne was entitled to business property relief (BPR), as provided for in section 105, Inheritance Tax Act 1984 (IHTA).

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Press and Media

Beer trade marks rise by 19% in a year as more capitalise on the craft beer revolution

04 September 2017

Trade mark registrations for beer brands rise by 104% to highest level since 2007

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Press and Media

Ransomware now 25% of cyber-attacks as hackers target UK businesses

04 September 2017

Ransomware is now the most likely cyber-threat to UK businesses, with a quarter of all major cyber-attacks involving an attempt to make businesses pay a ransom to get their data back

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Blog

Welcoming new red tape

Published on 01 September 2017. By Peter Rudd-Clarke, Legal Director

The Medical Devices Regulation 2017 is good news for insurers in the life sciences sector. More data on safety and performance will be collected on products before they get to the market

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Blog

A level playing Field?

Published on 31 August 2017. By David Allinson, Senior Associate

Frank Field's Work and Pensions Select Committee is intending to review the impartiality of defined benefit pension transfer advice. What could this mean for the advisory industry and its PI insurers?

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Blog

A level playing Field?

Published on 31 August 2017. By David Allinson, Senior Associate

Frank Field's Work and Pensions Select Committee is intending to review the impartiality of defined benefit pension transfer advice. What could this mean for the advisory industry and its PI insurers?

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Blog

The Mayor of London's Affordable Housing SPG: 10 things you need to know (part 2)

30 August 2017

This supplementary planning guidance, issued this month, builds on the Mayor's long-term aim for half of all new homes in London to be affordable (as defined in the London Plan). More will no doubt be heard in the revised London Plan when that emerges, but in the meantime here are some headlines which we hope help you cut through the SPG.

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Blog

Amazon and the $200billion Internet Economy in South East Asia

Published on 30 August 2017. By Sophie Tuson, Associate

Amazon's launch in Singapore last month marks the internet giant's official entry into South East Asia. Sophie Tuson explores why the region, and Singapore in particular, provides such fertile ground for e-commerce businesses in search of growth.

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Publication

VAT update August 2017

Published on 30 August 2017. By Adam Craggs, Partner

In this month’s update we report on updated guidance from HMRC on distance selling, the EU (Withdrawal Bill) and the revised place of supply rules for B2C telecommunications.

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Blog

SIPP complaints to FOS still on the up

Published on 30 August 2017. By Rachel Ford, Associate

Complaints to the FOS about SIPPs continue to rise, having sky rocketed in the first quarter of 2017.

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Blog

欧州M&A最前線 2017年8月

Published on 25 August 2017. By Nigel Collins, Partner, Head of Japan Desk

シンガポール、ハノイ、香港、東京を巡る出張から帰ってきた。クライアントや知人などいろんな人に会ったのだが、会えなかった人がいるのもいつものこと。こんな調子なので、さっそく次の出張の計画を立てた方がいいだろうか。

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Blog

The Mayor of London's Affordable Housing SPG: 10 things you need to know (part 1)

24 August 2017

This supplementary planning guidance, issued this month, builds on the Mayor's long-term aim for half of all new homes in London to be affordable (as defined in the London Plan). More will no doubt be heard in the revised London Plan when that emerges, but in the meantime here are some headlines which we hope help you cut through the SPG.

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Blog

Show me the money – turning liens into cash

24 August 2017

Most charterparties give owners the right to lien cargo for unpaid hire or freight. However, it may be necessary to sell the cargo in order to obtain payment. The English Commercial Court has recently considered the circumstances in which it would be prepared to order the sale of cargo held under a shipowners' lien.

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Blog

Edgar Davids wins League of Legends image rights claim

Published on 23 August 2017. By Nicole Jahanshahi, Associate and Joshua Charalambous, Associate

Dutch football icon Edgar Davids has succeeded in suing Riot Games – makers of the world's biggest video game and eSports phenomenon, League of Legends.

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Blog

BPP – Tribunal correct to strike out HMRC's case for failure to comply with Rules and Directions

Published on 23 August 2017. By Constantine Christofi, Associate

In BPP Holdings Ltd v HMRC [2017] UKSC 55, the Supreme Court has confirmed that the First-tier Tribunal (FTT) was justified in directing that HMRC be barred from taking further part in the proceedings for failure to adhere to the Tribunal’s Rules and Directions.

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Blog

Appification of Retail and Data Protection

Published on 22 August 2017. By Nicola Cain, Partner and Jani Ihalainen, Paralegal

The rise in online retail is seen by many as one of the key causes of the decline in footfall on the UK's high streets in recent years but the high street has been fighting back with its own innovative use of technology to help get more shoppers back into physical stores.

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Publication

Customs and excise quarterly update, August 2017

Published on 22 August 2017. By Adam Craggs, Partner

In this update we report on the implementation of the Fulfillment House Due Diligence Scheme, the National Audit Office's report on the new Customs Declaration Service and the future excise duty rate changes to cooking wine and other cooking alcohol.

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Blog

PSR issues public censure on payment system operator

Published on 15 August 2017. By Charles Buckworth, Senior Associate

The Payment Systems Regulator (PSR) has recently announced its first enforcement outcome, as it issued a public censure against a payment system operator.

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Press and Media

RPC advises Park Place Technologies on third major UK acquisition in a year

15 August 2017

City-headquartered law firm RPC has advised US-based data centre maintenance provider Park Place Technologies on its third major UK acquisition in a year, as it completes the purchase of competitor NCE Group.

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Publication

Wealth and trusts quarterly digest, August 2017

15 August 2017

Our quarterly digest provides up to date commentary and analysis on key sector developments.

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Press and Media

Hackers target retail industry as cyber-attacks double in just one year

Published on 14 August 2017. By Jeremy Drew, Partner

The number of retail businesses reporting data breaches to the Information Commissioner's Office has doubled in just one year, jumping from 19 in 2015/16 to 38 in 2016/17*, says City-headquartered law firm, RPC.

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Publication

Challenge to SRA intervention rejected

Published on 11 August 2017. By Nick Bird, Partner and Laura Stocks, Senior Associate

Suspicion of wrongdoing in law firms gives rise to difficult judgments.

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Blog

Signed, sealed, delivered

Published on 11 August 2017. By Matthew Griffith, Partner

Matthew Griffith shares some strategies for delivering successful (re)insurance M&A – before and after the ink has dried

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Blog

What a drag

Published on 11 August 2017. By James Mee, Partner and David Wallis, Partner

James Mee and David Wallis outline some of the issues involved in selling companies with a large employee shareholder base

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Blog

Eastern Power – Tribunal orders HMRC to close its enquiries despite outstanding information notices

Published on 10 August 2017. By Adam Craggs, Partner

In Eastern Power Networks Plc and others v HMRC [2017] UKFTT 494 (TC), the First-tier Tribunal (FTT) ordered HMRC to issue closure notices even though there were a number of outstanding information notices.

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Blog

Avoid getting in a spin: Lessons for managing future Registered Designs cases - Spin Master Limited v PMS International Group [2017] EWHC 1477

Published on 09 August 2017. By Georgia Davis, Legal Director and Jeremy Drew, Partner

It is relatively rare for a case management conference ("CMC") to be of sufficient interest to be the subject of an article. However, these proceedings raised general issues of how to achieve short, cost-effective hearings where one or perhaps both parties were preparing for a much longer trial.

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