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Blog

The Automated and Electronic Vehicles Bill

Published on 04 July 2017. By Richard Breavington, Partner and Jonathan Charwat, Associate

The Automated and Electronic Vehicles Bill was announced during the Queen's Speech and is intended to put the UK at the forefront of the driverless car market, estimated to be worth £28bn by 2035.

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Publication

Tax update, July 2017

Published on 04 July 2017. By Adam Craggs, Partner

In this month’s Update we report on draft provisions for a EU wide cross-border tax planning disclosure requirement; changes to HMRC’s guidance on the WDF and announcements in the Queen’s Speech in relation to the next Finance Bill.

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Blog

Berlioz - ECJ confirms that third parties can challenge 'foreseeable relevance' of tax information exchange requests

Published on 03 July 2017. By Constantine Christofi, Associate

In Berlioz Investment Fund SA v Directeur de l'administration des Contributions directes (Case C-682/15), the ECJ has confirmed that a Member State's national court can review a tax information request made by another Member State in order to assess whether the requested information is 'foreseeably relevant'.

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Blog

Payment against letters of indemnity – is it safe?

Published on 03 July 2017. By Stuart Shepherd, Partner

In the commodity trading world, it is traditional for payment to be made by the buyer against the presentation by the seller of certain shipping documents including bills of lading. That is the case whether payment is to be made under a letter of credit (LC) or by direct tender of documents to the buyer. However, a common practice has developed, particularly in the oil trade, for parties to agree in their contracts that the seller may, instead of presenting shipping documents to trigger payment, present a letter of indemnity instead. But there are risks to the buyer in paying against such letters of indemnity.

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Blog

Retail CFD firms face potential EU market-wide restrictions and further criticism from the FCA

Published on 03 July 2017. By Lucy Kerr, Senior Associate

The European Securities and Markets (ESMA) has announced it is considering imposing restrictions on contracts for difference (CFD) trading that would mean seismic changes for the industry, whilst the FCA has announced its serious concerns about the CFD industry's continued failure to meet expectations regarding the treatment of retail clients.

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Blog

Defective service and culpable delay: a warning to claimants

Published on 03 July 2017. By Chris Ross, Partner and Andy McGregor, Partner

Commercial Court refuses application for alternative service and strikes out claim forms after claimant's delay in pursuing claim.

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Blog

Cherry picking in an adjudication is fine – as long as you're the Referring Party

Published on 03 July 2017. By Dan Preston, Partner

It has been established for some time that Referring Parties have the right to 'cherry pick' its claim for the purpose of adjudication - essentially selecting part or parts of a wider application or dispute and referring those to an adjudicator to make an award on rather than the full dispute or an entire account.

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Blog

欧州M&A最前線 2017年6月

Published on 30 June 2017. By Nigel Collins, Partner, Head of Japan Desk

ブレグジット交渉が始まり、与党・保守党と北アイルランドの民主統一党(DUP)の閣外協力もやっとのことで決まった。

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Blog

"NEW FLAMENCO" – Supreme Court reverses Court of Appeal

30 June 2017

In a shock decision, the Supreme Court has allowed shipowners' appeal in the "NEW FLAMENCO". The Supreme Court held that the sale of the ship following the repudiation of the charterparty was not an act in mitigation, and was not relevant to the calculation of damages for breach of contract.

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Publication

VAT update, June 2017

Published on 29 June 2017. By Adam Craggs, Partner

In this month's update we report on proposals for the reduced VAT rate for e-publications, HMRC's first publication of VAT Notes 2017, in which it explains changes to VAT for businesses, and the latest stage in the long-running compound interest litigation involving Littlewoods.

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Blog

FCA proposes remedies following asset management sector market study

28 June 2017

The FCA today published the final findings of its asset management market study and it has announced the remedies that will be implemented to address the concerns previously identified.

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Blog

Continued FCA focus on appointed representatives – more regulatory interventions in the London Market

Published on 27 June 2017. By Jonathan Charwat, Associate

FCA announce follow up supervisory work and regulatory interventions on insurance intermediaries with networks of appointed representatives (ARs).

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Press and Media

HMRC facing record-high number of judicial reviews

Published on 26 June 2017. By Adam Craggs, Partner

‘Ordinary taxpayers’ forced to High Court; HMRC acting unlawfully

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Blog

Rai - Tribunal quashes penalties for non-payment of PPNs and criticises HMRC's 'nitpicking pedantry'

Published on 26 June 2017. By Constantine Christofi, Associate

In Rai v HMRC [2017] UKFTT 0467 (TC), the First-tier Tribunal (FTT) was critical of HMRC's conduct and cancelled assessments to penalties which it had issued for failure to pay on time amounts demanded in partner payment notices (PPNs), as the statutory payment period had not expired.

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Blog

Cowboys beware; the AML Sheriff is on her way

Published on 26 June 2017. By Rachael Ellis, Associate

With under a year until the first Financial Action Task Force ("FATF") visit to the UK in a decade, the FCA is consulting on proposed changes to its Handbook as the new money laundering regulations ("MLR 2017") come into force today.

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Blog

Another bad bargain upheld: Wood v Sureterm Direct Ltd [2017] UKSC 24

Published on 23 June 2017. By Matthew Evans, Senior Associate and Geraldine Elliott, Partner

The Supreme Court has dismissed an appeal in Wood v Sureterm Direct Ltd. The Court upheld the Court of Appeal's decision on the meaning of an indemnity clause, and agreed with its application of established contractual interpretation doctrine. The decision confirms the established judicial approach to contractual interpretation, namely the focus on the words of a given clause.

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Blog

Fitness and a Full Time Job

Published on 23 June 2017.

With sedentary and time-consuming jobs, it can be difficult to find the time to get the recommended level of exercise in each week. Rebecca May considers how to juggle fitness and a full time job.

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Publication

FCA consultation on pension transfers – what does it mean for advisers?

Published on 22 June 2017. By Robert Morris, Partner

The FCA threatened it and now we have it – on 21 June the FCA published its consultation paper on DB transfers and safeguarded benefit conversions.

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Blog

Pitcher - Tribunal finds in favour of taxpayer in APN penalty appeal

Published on 19 June 2017. By Robert Waterson, Legal Director

In Graham Pitcher [2017] UKFTT 0406 (TC), the First-tier Tribunal (FTT) allowed the taxpayer's appeal against a penalty for non-payment of an Accelerated Payment Notice (APN) due to defects in the APN.

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Press and Media

UK product recalls reach new high - up 48% in a year

Published on 19 June 2017. By Gavin Reese, Partner

The number of UK product recalls has hit a new high, increasing 48% in a year, to 575* in 2015/16 up from 388 in 2014/15, says City law firm RPC.

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Blog

Election results a mixed bag for retailers

Published on 14 June 2017. By Karen Hendy, Head of Corporate and Charlotte Thompson, Associate

The immediate impact of last week’s election was a mixed bag for retailers in the UK, with some share prices falling whilst others were on the up following the result.

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Blog

Full and frank disclosure – how independent is your expert witness?

Published on 14 June 2017. By Tim Brown, Partner

This Court of Appeal judgment considers the admissibility of expert evidence where the expert failed to disclose details of a professional relationship with a party.

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Blog

Even More Challenging Times – 5 More Risks Following The Grant of Planning Permission

14 June 2017

This post is the second in a two-part series in which we highlight ten areas where the risk of a third party challenge against the grant of planning permission might arise. The list we have given is not exhaustive, but all issues fall within the broad parameters for judicial review grounds, being decisions which have been taken irrationality, ultra vires (outside the scope of the authority's powers), or with procedural irregularity.

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Publication

Election result may be a boost for insurers of highly regulated products

Published on 13 June 2017. By Peter Rudd-Clarke, Legal Director

The political uncertainty following last week’s general election could in fact be good news for insurers of heavily regulated products, such as medical devices.

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Publication

Election result may be a boost for insurers of highly regulated products

Published on 13 June 2017. By Peter Rudd-Clarke, Legal Director

The political uncertainty following last week’s general election could in fact be good news for insurers of heavily regulated products, such as medical devices.

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Publication

First advice/information decision after BPE

Published on 13 June 2017. By Nick Bird, Partner

On 19 May 2017 His Honour Judge Moulder handed down his judgment in the case of the Halsall and others v Champion Consulting Ltd and others [2017] EWHC 1079 (QB).

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Blog

Archer: judicial review in the context of statutory tax appeals

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

The High Court's judgment in R (on the application of Archer) v HMRC [2017] EWHC 296 (Admin) is one of a number of recent decisions where it has been found that the taxpayer had not challenged HMRC's decision in the correct forum.

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Snapshot

ASA New CAP guidance on children and age restricted ads online

12 June 2017

What steps must advertisers take to prevent children from seeing age-restricted ads? How far must “interest-based factors” be taken into account?

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Snapshot

ASA Ruling on Associated Newspapers Ltd t/a Daily Mail – reasonable estimate of demand for promotions

12 June 2017

What constitutes a “reasonable estimate of the likely response” to a promotion?

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Snapshot

ICO revised code of practice for dealing with subject access requests

12 June 2017

The ICO has recently published a revised Code of Practice on subject access requests (SARs).

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Snapshot

ASA New CAP guidance on prize draws including the Northern Irish anomaly

12 June 2017

Why are “no purchase necessary” (NPN) entry routes still required in Northern Ireland but not in the rest of the UK? And what does CAP have to say about it?

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Snapshot

ICO guidance on consent under the GDPR – the latest

12 June 2017

The Information Commissioner’s Offce (ICO) ran a consultation on the draft guidance on consent under the General Data Protection Regulation (GDPR) this springtime.

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Snapshot

Cloud: EBA encourages banks to pool their resources for cloud audits

12 June 2017

The European Banking Authority (EBA) has made clear that banks are no longer required to provide their auditors (or themselves) with an independent right to audit their cloud service providers.

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Blog

Responsibility of a parent company for the acts of its subsidiary

Published on 12 June 2017. By Elizabeth Wiggin, Associate and Jonathan Wood, Head of International Arbitration

The Court provided helpful analysis of the circumstances in which a parent company owes a duty of care with regard to operations carried out by its subsidiary. The case is interesting to examine in the context of the readiness of the English courts to hear claims relating to conduct outside of the jurisdiction brought by foreign claimants.

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Snapshot

Online platforms and consumers

12 June 2017

EU Commission requires social media companies to comply with consumer rules

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Snapshot

Liability clauses Limiting liability McGee Group Ltd v Galliford Try Building Ltd 2017 EWHC 87 TCC

Published on 12 June 2017. By Oliver Bray, Partner

How do the courts interpret limitation clauses?

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Snapshot

Reasonable endeavours? – Astor management AG v Atalaya Mining plc [2017] EWHC 425 (Comm)

12 June 2017

When is an “all reasonable endeavours” obligation unenforceable?

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Snapshot

ASA: New CAP guidance on promotional T&Cs

12 June 2017

How and when should promotion T&Cs be flagged to consumers?

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Snapshot

Payment practices

12 June 2017

Duty to report on payment practices and performance

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Snapshot

Trademark infringement: Azumi Limited v Zuma's Choice Pet Products Ltd [2017] EWHC 609

12 June 2017

Did the sale of pet food by reference to the "ZUMA" brand infringe the trade mark rights of a high end restaurant operating under the same brand?

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Snapshot

Online platform B2B practices

12 June 2017

European Commission set to legislate on trading practices of online platforms

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Snapshot

Payment practices

12 June 2017

Duty to report on payment practices and performance

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Snapshot

The march of the SARs: Dawson-Damer v Taylor Wessing LLP [2017] EWCA Civ 74; and Ittihadieh v 5-11 Cheyne Gardens & Ors and Deer v Oxford University [2017] EWCA Civ 121

12 June 2017

When can legal professional privilege (LPP) be used to block a subject access request (SAR)? And when can the “disproportionate effort” exemption be used to block a SAR?

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Snapshot

ICO issues fines for emails seeking consent to marketing

Published on 12 June 2017. By Adam Forster, Senior Associate

The ICO has fined Flybe and Honda a total of £83,000 for emails sent to customers to obtain consent to future marketing messages.

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Blog

Will robo-advice mean checkmate for human financial advisers?

Published on 09 June 2017. By George Smith, Senior Associate

With continuing advances in artificial intelligence and the rise in 'robo-advisers', is financial advice following in the footsteps of chess, where computers have long since outstripped humans in ability? Are human financial advisers nearing checkmate or is the endgame still unclear?

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Publication

Health and safety law update, June 2017

Published on 09 June 2017. By Nick McMahon, Head of Health and Safety

This issue includes details on The Sentencing Council publishing a new guideline for entering an early guilty plea, in addition to the most recent fines and sentences imposed on companies around the UK.

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Blog

Tackling the Problem of Fake News

08 June 2017

It is widely believed that fake news has had an impact on some of the most controversial recent political decisions.

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Blog

Why the winner won't take it all in tomorrow's General Election

07 June 2017

William Kark, RPC Trainee, considers the other key players - such as backbenchers, House of Lords, Gina Miller - in the General Election on 8 June 2017.

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