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Blog

International risk team: Mediating in a time of social distancing

Published on 16 June 2020. By Naomi Vary, Partner and Damon Brash, Senior Associate

The new, and arguably more relaxed, government guidance notwithstanding, it seems inevitable that the COVID-19 crisis will leave people more cautious about face-to-face meetings. Nonetheless, disputes will continue, and so must efforts to resolve them.

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Blog

Cyber bytes - Issue 16

Published on 16 June 2020. By Richard Breavington, Partner and Christopher Ashton, Associate and Rachel Ford, Associate

Welcome to Cyber_Bytes, our bi-weekly roundup of key developments in cyber, tech and evolving risks.

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Blog

Beyond the fruit and yoga: surviving or thriving?

Published on 16 June 2020. By Mental Health Workstream,

Last week the RPC Mental Health Work Stream (our internal network) hosted an interactive session with over 60 colleagues and clients.

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Video

Tales from COVID: Insurance in the time of coronavirus - Bad faith

Published on 12 June 2020. By Peter Mansfield, Partner

In conjunction with our US alliance partners, Hinshaw and Culbertson LLP, we have produced a series of 'informal chats' with the title 'Tales from Covid: Insurance in the Time of Coronavirus'.

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Blog

The curse of COVID strikes again – implementation of the Home Survey Standard delayed

Published on 12 June 2020. By Alexandra Anderson, Partner and Lucy Cadwallader, Associate

As a result of the lockdown imposed in response to the COVID-19 pandemic, the new RICS Home Survey Standard, which was due to be implemented next month has now been delayed until December 2020. Whilst this will allow practitioners more time to become familiar with the new standard, it causes an unwelcome disruption to the introduction of a measure that should provide greater clarity for both surveyors and consumers of what is expected when commissioning and conducting a home survey.

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Blog

Loan covenant disputes likely to impact almost all industry sectors unless lenders and investors work to find resolution

Published on 12 June 2020. By Sukh Ahark, Partner

Loan covenant disputes caused by the coronavirus crisis are likely to impact almost all industry sectors in the coming year, unless lenders and investors work together to resolve problems caused by covenant breaches.

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Blog

FCA advice checker – FCA statement on what customers should look out for in DB transfer advice

Published on 11 June 2020. By Rachael Healey, Partner

Wrapping up the documents published by the FCA on 5 June 2020 on the issue of defined benefit pension transfers (DB transfers), we address in this blog the FCA's "advice checker".

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Blog

The future of DB transfer advice - the FCA's policy statement

Published on 10 June 2020. By Rachael Healey, Partner

In part 3 of our blog series on defined benefit pension transfers (DB transfers) we look at the FCA's policy statement on changes to the DB transfer rules. The change that has attracted most press attention is the ban on contingent charging but there are other parts to the policy statement that are likely to have a much more substantive impact on the DB transfer market going forward.

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Blog

CK Hutchison wins in the ECJ – better late than never?

Published on 10 June 2020. By Brendan Collar, Associate

CK Hutchison wins its appeal against the EC's decision to block Three UK’s 2016 merger with O2.

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Blog

RPC Bites #10

Published on 10 June 2020. By Ciara Cullen, Partner and Ben Mark, Partner

Welcome to RPC Bites. Our aim in the next 2 minutes is to provide you with a flavour of some key legal, regulatory and commercial developments in the Food & Drink sector over the last fortnight… with the occasional bit of industry gossip thrown in for good measure.

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Blog

"Always look on the bright side of life" - even when life has been turned upside down

Published on 10 June 2020. By Ela Broderick-Basar, Trainee Solicitor

Seeing the coronavirus in a positive light

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Blog

No room for error – The decision in Mahoney v Royal Mail

Published on 10 June 2020. By Gavin Reese, Partner and Nick McMahon, Head of Health and Safety and Robert John, Senior Associate

In a decision reported by Crown Office Chambers, the claim of Mahoney v Royal Mail had been proceeding through the online claims portal uneventfully and in the usual manner. Liability had been admitted by the Defendant at stage 1 and the parties had been negotiating settlement at stage 2.

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Blog

Partners and closure notices: making amends

Published on 10 June 2020. By Adam Craggs, Partner and Constantine Christofi, Senior Associate

In R (on the application of Amrolia) v HMRC; R (on the application of Ranjit-Singh) v HMRC [2020] EWCA Civ 488, the Court of Appeal held that notices amending individual partners’ tax returns under section 28B(4), Taxes Management Act 1970 (TMA), were not closure notices and therefore did not need to specify the final amounts of tax due.

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Publication

HKEX published additional guidance specific to biotech companies

Published on 10 June 2020. By Janney Chong, Partner and Yvonne Tang, Senior Associate

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Blog

DB Transfers – the FCA's views on good and bad practice

Published on 09 June 2020. By Rachael Healey, Partner

Continuing our blog series, one of the documents produced by the FCA on Friday was a guidance consultation document intended to meet requests from the industry to help advisers understand the FCA's expectations when advising on pension transfers and conversions. The document includes examples of the FCA's views of good and bad practice in the area of defined benefit pension transfers (DB transfers). The stated aim is to "improve the suitability of DB transfer advice" and "to give advisers confidence to give good advice". The FCA expects firms providing DB transfer advice to read the document and once finalised it is intended that firms use it to identify any weaknesses in their existing processes.

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Blog

Disciplinary investigations against architects #5 - Referral to Professional Conduct Committee

Published on 08 June 2020. By Emma Wherry, Senior Associate

Further to our previous four articles detailing the stages of the Architect Registration Board's disciplinary process up to the Investigations Panel Stage, this article considers the steps that are taken by the ARB in order to refer the matter to the Professional Conduct Committee and the steps that an Architect may wish to take to prepare for that hearing.

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Publication

Sports Ticker #14

Published on 08 June 2020. By Jeremy Drew, Partner and Joshua Charalambous, Senior Associate and Stuart Harris, Associate and Samuel Coppard, Associate

Welcome to the latest edition of the RPC Sports Ticker - providing fortnightly bite-size updates from around the sports industry.

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Blog

DB transfers – further findings from the FCA's supervisory review

Published on 08 June 2020. By Rachael Healey, Partner

The FCA produced four documents on Friday addressing defined benefit pension transfers – an update on their supervisory work, a guidance consultation setting out examples of good and bad practice, an "advice checker" for consumers (including helping them consider if they should make a complaint) and a policy statement setting out changes to the defined benefit pension transfer rules which are to largely come into force from 1 October 2020. All are essential reading for an area the FCA continues to fixate on and where it has focussed since the April 2015 pension freedoms.

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Publication

V@ update - May 2020

05 June 2020

Welcome to the first edition of RPC's V@, an update on developments in the VAT world that may impact your business.

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Blog

Product Law bulletin – June 2020

Published on 05 June 2020. By Gavin Reese, Partner and Nick McMahon, Head of Health and Safety and Robert John, Senior Associate and Peter Rudd-Clarke, Legal Director and Elinor Sidwell, Associate

Welcome to the latest edition of our product law update, this month we focus on how COVID-19 is impacting product liability regulation.

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Blog

Minority shareholder oppression and the proper plaintiff rule – it gets personal

Published on 04 June 2020. By Yuankai Lin, Partner and Selina Toh, Senior Associate

Section 216 of the Companies Act (Cap. 50) affords protection for minority shareholders where their interests are oppressed by the manner in which the company’s affairs are being conducted or by how the directors’ powers are being exercised.

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Publication

Tax Bites - June 2020

04 June 2020

Welcome to the latest edition of RPC's Tax Bites - providing monthly bite-sized updates from the tax world.

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Podcast

A look at Lloyd's of London

04 June 2020

Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests. This episode we look at Lloyd's of London, who they are and why they are such a key part of the global insurance industry. Our guest this week is Elliot Maule, Senior Programme & Marketing Manager at Lloyd's.

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Blog

International risk team: The potential and perils of offshore wind

Published on 04 June 2020. By Gary Walkling, Partner

A recent report by the IEA(1) has laid bare the impact of the COVID-19 pandemic on the energy industry. Demand for coal and oil plummeted as entire countries and industries went into lockdown in the first quarter of 2020. Renewable energy, however, bucked the trend and actually saw demand increase, primarily due to larger installed capacity and priority dispatch.

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Press and Media

RPC's Head of International Arbitration involved in launch of London Chamber of Arbitration and Mediation

04 June 2020

With Covid-19 continuing to ensure an increasingly unpredictable environment in which to do business, London Chamber of Commerce and Industry has launched a new company to help firms resolve disputes.

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Snapshot

Snapshots Spring 2020

03 June 2020

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

Investec - Court of Appeal confirms partnership contributions not deductible

Published on 03 June 2020. By Harry Smith, Senior Associate

In Investec Asset Finance Plc and Another v HMRC [2020] EWCA Civ 579, the Court of Appeal has held that partnership contributions were non-deductible, but has upheld the 'no double taxation' principle and prevented HMRC from introducing arguments not previously relied upon.

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Snapshot

Gender stereotyping and “that girl boss thing”

02 June 2020

ASA ruling against PeoplePerHour.

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Snapshot

Gender stereotyping and the use of one gender in an ad

02 June 2020

ASA ruling against PC Specialist

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Snapshot

Influencer marketing, alcohol and youthful looks

02 June 2020

ASA ruling on Sazerac UK Ltd t/a Southern Comfort

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Snapshot

Influencer marketing and obvious brand references

02 June 2020

ASA ruling on idesigngold.com

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Snapshot

New CAP/CMA Guidance: #Ad(vice) for Influencers

02 June 2020

What should influencers do to avoid falling foul of the Committee of Advertising Practice’s (CAP’s) standards on labelling ads?

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Snapshot

Online Affiliate Marketing: New CAP advice note

02 June 2020

What should brands do to ensure that their affiliate marketing complies with the CAP Code?

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Snapshot

New EU Consumer Protection Co-operation Regulation comes into force

02 June 2020

What does the revised EU Consumer Protection Cooperation Regulation (CPC) mean for traders and consumers?

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Snapshot

European Commission proposal for new Digital Services Act

02 June 2020

What’s in the European Commission’s proposal for a new Digital Services Act (DSA)?

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Snapshot

Online Harms White Paper: consultation response

02 June 2020

What has been the Government's response to the initial consultation on the Online Harms White Paper (White Paper)?

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Snapshot

CJEU's CCTV ruling: guidance on legitimate interests processing

02 June 2020

Case C-708/18 TK v Asociaţia de Proprietari bloc M5A-ScaraA EU:C:2019:1064

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Snapshot

EPDB guidelines: Data Protection by Design and by Default

02 June 2020

How familiar are you with the obligations in the GDPR to protect personal data by design and default (DPbDD)? And what practical measures can you take to help ensure compliance?

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Snapshot

Schrems II - Advocate General's Opinion

02 June 2020

Case C-311/18 Data Protection Commissioner v Facebook Ireland Ltd

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Snapshot

ICO issues monetary penalty notice against Cathay Pacific for data breach

02 June 2020

When is the ICO likely to impose its maximum fine for a data breach?

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Snapshot

ICO monetary penalty notice against DSG Retail Ltd for data breach

02 June 2020

What factors did the ICO take into account when issuing the maximum £500,000 penalty (under the old Data Protection Act) against DSG for a data security breach relating to its Point of Sale (POS) payment terminals?

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Snapshot

Adtech and the data protection debate - where next?

02 June 2020

How has the discussion surrounding the regulation of real-time bidding (RTB) evolved since the publishing of the ICO’s Adtech Update Report last June?

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Snapshot

ICO consults on new direct marketing code of practice

02 June 2020

What is new about the ICO’s proposed new Direct Marketing Code of Practice (the New Code)?

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Snapshot

Trade marks: Specifications and bad faith

02 June 2020

Sky Plc & Ors v SkyKick UK Ltd & Anr

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Snapshot

Copyright: Works of artistic craftsmanship and Cofemel

02 June 2020

Response Clothing Limited v The Edinburgh Woollen Mill Limited

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Snapshot

Ministerial statement in response to Law Commission report on electronic execution of documents

02 June 2020

How has the government responded to the Law Commission report on electronic execution of documents?

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Snapshot

Legal advice privilege: dominant purpose

02 June 2020

Court of Appeal (Civil Aviation Authority v R Jet2. Com Ltd [2020] EWCA Civ 35)

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Snapshot

Acquisitions: clause in SPA construed as a covenant to pay, not an indemnity

02 June 2020

When will a clause be considered a covenant to pay as opposed to an indemnity?

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Snapshot

Good faith; contractual discretion

02 June 2020

Morley (t/a Morley Estates) v Royal Bank of Scotland Plc [2020] EWHC 88 (Ch)

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