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Press and Media

RPC partners with The University of Law to launch apprenticeship programme

Published on 19 December 2017. By Simon Hart, Partner

Partnering with The University of Law (ULaw) – one of the UK's leading providers of legal education and training – and apprenticeship specialists Damar Training, RPC will be recruiting up to four apprentice paralegals.

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Blog

Service by Email – Lessons from Glencore Agriculture B.V. v Conqueror Holdings Limited [2017] EWHC 2893

Published on 19 December 2017. By Laura Evans, Associate and Jonathan Cary, Partner

The English High Court has found that service by email of arbitration proceedings was not valid under section 76 of the Arbitration Act 1996 on the basis that the correspondence had been directed to the email address of an employee who did not have the authority to accept service. The judge found that in circumstances where service is by way of an individual email address, validity of service depends on the application of agency principles.

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Blog

Luxury brands: The tale of selective distribution systems and online platform restrictions

Published on 19 December 2017. By Lambros Kilaniotis, Partner and Melanie Musgrave, Senior Associate

In the much awaited Coty preliminary ruling, the European Court of Justice (the "ECJ") has confirmed that, subject to certain conditions, luxury goods manufacturers can employ selective distribution systems to preserve the luxury image of their products and can prohibit their authorised distributors from utilising third-party online sales platforms.

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Snapshot

Snapshots - Winter 2017

19 December 2017

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

3 lessons that UK pharmaceutical manufacturers can learn from the US opioid epidemic

Published on 19 December 2017. By Florence Page, Associate

3 lessons that UK pharmaceutical manufacturers can learn from the US opioid epidemic

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Blog

Roll up your sleeve – CJEU injects some influence in to vaccination case

Published on 19 December 2017. By Florence Page, Associate

Summary of Court of Justice of the European Union (CJEU) decision in vaccination case

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Snapshot

ASA Ruling on News UK & Ireland Ltd t/a News UK

18 December 2017

The Times ran a promotion offering “two Legoland tickets for £10” upon the collection and redemption of four unique codes. The small print at the bottom of the promotion included “subject to availability” but did not include a closing date.

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Snapshot

ASA Ruling on American Express Services Europe Ltd American Express

18 December 2017

The ASA has banned American Express’ “Everything Has an Upside” ad for their Platinum Cashback Everyday Credit Card, after ruling that it had exaggerated the claim that consumers get 5% cashback on all purchases.

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Snapshot

ASA Ruling on Bonne Terre Ltd t/a Sky Bingo – marketer responsible for non-compliant advertorial, despite not authorising the ad

18 December 2017

What does an advertorial need to display in order to be clearly identified as a marketing communication for the purposes of the CAP Code, and who bears responsibility for a breach?

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Snapshot

What constitutes “editorial control” for the purpose of determining whether video content is an advertorial?

18 December 2017

ASA Ruling on Wahoo Fitness (UK) Ltd (15 November 2017)

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Snapshot

How will a court assess damages in a claim for negligent valuation?

18 December 2017

How will a court assess damages in a claim for negligent valuation?

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Snapshot

How will a variation be interpreted and does it give rise to an estoppel in respect of rights under the original agreement?

18 December 2017

How will a variation be interpreted and does it give rise to an estoppel in respect of rights under the original agreement?

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Snapshot

What level care should be taken when making health claims via celebrities?

18 December 2017

ASA Ruling on Nomad Choice Pty Ltd t/a Flat Tummy Tea (13 September 2017)

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Snapshot

Updates to the draft ePrivacy Regulation

18 December 2017

On 19 October 2017, the European Parliament approved a revised draft of the ePrivacy Regulation. Though still subject to negotiation, it introduces a number of important changes, and deserves careful study by every online communications business.

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Snapshot

Are Model Contract Clauses (or “Standard Contract Clauses” – SSCs) valid under EU data protection law?

18 December 2017

Irish High Court asks CJEU to rule on validity of Model Contract Clauses (Schrems II)

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Snapshot

ICO issues TalkTalk monetary penalty notice for £100,000

18 December 2017

On 7 August 2017, the Information Commissioner’s Office fined TalkTalk £100,000 after an investigation found that it had failed to take adequate security measures to protect customer data from unauthorised access via web-based portal.

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Snapshot

ICO issues draft guidance on contracts between data controllers and data processors

18 December 2017

What must be included within a contract between a data controller and a data processor to ensure compliance with the General Data Protection Regulation (GDPR)?

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Blog

12 Drummers Drumming: Pa rum pum pum pum

18 December 2017

Whilst we all like to get into the festive spirit it's not much fun if you're living next door to those drummers. In this final instalment of the festive blog series we consider what action can be taken against noisy neighbours.

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Snapshot

How will GDPR affect the world of internet policy and systems of domain name registration?

18 December 2017

Data protection - ICANN/WHOIS and the GDPR

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Snapshot

No ICO notifications but fees continue under GDPR

18 December 2017

The Information Commissioner’s Office (ICO) has provided guidance as to how its notificationand fee regime will change when the General Data Protection Regulation (GDPR) comes into force in May 2018.

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Snapshot

EU Online Platform Bill

18 December 2017

Search engines, app stores and other online platforms are facing new transparency obligations in relation to their contracts with other businesses in a new EU draft Bill proposed to be introduced next year.

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Snapshot

DCMS report on cyber security for the Internet of Things

18 December 2017

What are the risks associated with the Internet of Things and what needs to be done to make the Internet of Things safer for consumers?

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Snapshot

European Commission Recommendation on illegal content online

18 December 2017

What new measures will be required of online hosting service providers in relation to the European Commission Recommendation on measures to effectively tackle illegal content online?

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Snapshot

Online Platforms - Commission communication on tackling illegal content online

18 December 2017

The European Commission (Commission) has published a Communication containing nonlegally binding guidelines for online platforms on preventing, detecting, removing and disabling access to illegal content.

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Snapshot

Online platforms - Internet Safety Strategy green paper

18 December 2017

The internet is now all but ubiquitous, and there are growing public concerns about online safety. The issues range from online trolling, to hate speech, to location-sharing within social media platforms.

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Snapshot

Can TV formats be protected by copyright as artistic works?

18 December 2017

Can TV formats be protected by copyright as artistic works?

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Snapshot

Will a variation of the underlying agreement invalidate a guarantee?

18 December 2017

Will a variation of the underlying agreement invalidate a guarantee?

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Blog

Making made to measure medicine: tailored to suit

Published on 18 December 2017. By Florence Page, Associate

Summary of key points emerging from MHRA guidance on the importance of human factors in the development of new medical devices.

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Snapshot

What amounts to effective service of a notice

18 December 2017

What amounts to effective service of a notice?

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Snapshot

What constitutes the “ordinary and proper course of business”?

18 December 2017

What constitutes the “ordinary and proper course of business”?

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Blog

Trial by Social Media

Published on 18 December 2017. By Matthew Plampton, Trainee Solicitor

In a society filled with instant news and where anyone with an internet connection can publish an opinion, is an objective unbiased jury still achievable?

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Blog

United Biscuits: High Court rejects claims for refunds of overpaid VAT

Published on 18 December 2017. By Nicole Kostic, Senior Associate

In United Biscuits (Pension Trustees) Ltd and another v HMRC [2017] EWHC 2895 (Ch), the High Court held that pension fund management services by non-insurers are standard rated and dismissed the claimant's claim to recover VAT on investment management services for pensions.

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Blog

11 pipers piping: How does MEES differ in Scotland?

Published on 15 December 2017. By Johanna Hall, Senior Associate

It's day eleven of our festive blog series: The origins of the piping pipers may not be firmly rooted in Scotland, but they brought to our minds thoughts of bagpipes, and other things that are found north of the border. The Scottish were first to implement their energy efficiency regulations but now the English and Welsh are not far behind, with MEES coming into force early next year: what will the differences between the systems be?

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Publication

Health and safety update December 2017

14 December 2017

Welcome the the latest edition of our Health and safety update, where we look at the health and safety stories that have recently hit the headlines as well as well as the latest fines and sentences that have been handed down.

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Publication

Subrogated recoveries

Published on 14 December 2017. By Mark Errington, Partner

An accessible reference point to assist insurers in their immediate considerations relating to subrogated recoveries in 15 jurisdictions across Asia and in England and Wales

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Blog

10 Lords a-Leaping

14 December 2017

It's day 10 of our blog series: The House of Lords was once the court of last resort for most cases heard in the UK. However, in 2009 those Law Lords leapt into the 21st Century and rebranded themselves as the Supreme Court of Justice.

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Blog

Ghosh test overturned: dishonesty according to the standards of ordinary, reasonable and honest people

Published on 14 December 2017. By Sarah Shaul, Associate and Davina Given, Partner

The Supreme Court has held that the test for dishonesty should be assessed only by reference to whether or not the defendant's conduct is dishonest by the objective standards of ordinary, reasonable and honest people. The Court concluded that there were convincing grounds for holding that the second limb of the longstanding Ghosh test did not correctly represent the law and that directions based upon it ought no longer to be given. The Court further stated that the assessment of dishonesty in criminal and civil proceedings should be made by reference to the same test.

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Blog

9 Ladies Dancing: The Mayor of London protects the night-time economy

13 December 2017

The Mayor of London published supplementary planning guidance last month, aiming to protect and enhance cultural venues across the capital and promote the night-time economy, and the draft revised London Plan could put this on a policy footing.

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Publication

Financial litigation roundup winter 2017

Published on 13 December 2017. By Tom Hibbert, Partner and David Smyth, Senior Partner, Hong Kong

Welcome to the latest edition of our Financial Litigation roundup, where we share our insights into recent judgments and ongoing cases as well as new regulatory developments from the banking and financial world in the UK and Asia.

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Blog

8 Maids A-Milking: Milking the Consumer during the Festive Period

Published on 12 December 2017. By Johanna Hall, Senior Associate

This article explores what's going on in the retail industry to draw in shoppers at this crucial time of year.

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Blog

FIDIC Rainbow Suite: Second Editions unveiled

Published on 12 December 2017. By Christina Cheriyan, Associate

18 years after the publication of the original editions, FIDIC released its Second Edition Red (Construction), Yellow (Plant and Design Build) and Silver Books (EPC / Turnkey Projects) at the FIDIC Users' Conference in London last week. The philosophy behind the revised contracts is greater clarity and transparency with an emphasis on avoiding disputes and quickly resolving them when they do arise. We highlight some of the key changes within this note.

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Blog

Key legal pitfalls of starting up: Protect your confidential information

Published on 11 December 2017. By Charles Buckworth, Senior Associate

Good commercial practice and robust contractual agreements are essential to safeguard confidential information.

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Blog

7 Swans-a-Swimming: new regulations are there to protect them

11 December 2017

It's day seven of our festive blog series: The Conservation of Habitats and Species Regulations 2017 have come into effect. What do they say for the likes of our swimming swans?

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Blog

Barclays Wealth Trustees - normal meaning to apply to 'settlement' for IHT purposes

Published on 11 December 2017. By Robert Waterson, Legal Director

In Barclays Wealth Trustees (Jersey) Ltd and Michael Dreelan v HMRC [2017] EWCA Civ 1512, the Court of Appeal has confirmed that inheritance tax will not apply in circumstances where a transfer between excluded property settlements takes place after a settlor becomes domiciled in the UK.

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Press and Media

Post-crisis low in individuals banned from financial services by FCA

11 December 2017

The FCA’s tough approach to individual responsibility is paying off

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Blog

Initial Coin Offerings – the digital financing process under global scrutiny

Published on 08 December 2017. By Rachel Ford, Associate

In an era of social media platforms and the like, the technological world creeps into its corporate counterpart of today. Initial Coin Offerings (ICOs) storm the corporate world by force, but what does the future hold for the new phenomenon?

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Blog

6 Geese A-Laying: The Significance of laying the Golden Brick

Published on 08 December 2017. By Johanna Hall, Senior Associate

What does the term "Golden Brick" mean, who uses it and why? In this article we explore the usefulness of the golden brick, the formalities which determine whether it applies and alternative approaches.

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Blog

Independent inquiry launched into malpractice of Ian Paterson

Published on 07 December 2017. By Ella Shanks, Trainee Solicitor

The Department of Health has announced the launch of an independent inquiry into the circumstances and practices surrounding the activity of convicted breast surgeon Ian Paterson.

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Blog

5 gold rings: a sensible way of paying for your Christmas shopping?

07 December 2017

It's day five of our festive blog series: Gold is rare as a payment form these days, and cash is becoming increasingly so. Whilst retailers and consumers are embracing cashless payments, they are not without their risks.

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