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Blog

Hackett – Tribunal considers whether HMRC's decision to proceed by way of civil penalty rather than criminal prosecution was an abuse of process

Published on 26 August 2020. By Alexis Armitage, Associate

In Lindsay Hackett v HMRC [2020] UKUT 212 (TCC), the Upper Tribunal (UT) has confirmed that the decision whether to bring civil or criminal proceedings is a matter for HMRC to decide with any such decision being amenable to challenge by way of judicial review.

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Podcast

The future of insurance

25 August 2020

Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests.

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Publication

Customs and excise quarterly update - August 2020

Published on 25 August 2020. By Adam Craggs, Partner and Michelle Sloane, Partner

In this update we report on (1) the government's guidance concerning border planning for the end of the transition period; (2) the government's plans to support customs intermediaries; and (3) the government's recently published policy papers on moving goods under the Northern Ireland Protocol, following the transition period. We also comment on three cases relating to (1) whether UK acquisition VAT can apply when a bonded warehouse is not located in the UK; (2) the clarification of factors HMRC can use to determine whether a person is 'fit and proper' to carry out a controlled activity; and (3) whether an acquittal of a criminal charge can preclude HMRC from issuing an excise duty assessment.

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Publication

Regulatory update - August 2020

Published on 21 August 2020. By Gavin Reese, Partner

Welcome to the August edition of the Regulatory update, which pulls together recent developments from across the UK’s regulators – to help you navigate the regulatory maze.

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Blog

Disputes, disputed: The court’s approach to competing dispute resolution clauses in successive agreements

Published on 20 August 2020. By Parham Kouchikali, Partner and James Taylor, Associate

How are contradictory dispute resolution clauses resolved, where the agreements are entered into at different times? Intention and purpose is key, as set out in the test in BNP Paribas v Trattamento, where parties intended two agreements to perform separate roles as part of one transaction (even though the second is not contemplated at the time of the first).

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Blog

Archer: No reasonable excuse

Published on 19 August 2020. By Constantine Christofi, Senior Associate

In William Archer v HMRC [2020] UKFTT 0288 (TC), the First-tier Tribunal (FTT) confirmed that surcharge notices had been validly issued and that the taxpayer did not have a 'reasonable excuse' for non-payment as a result of his related judicial review claim.

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Podcast

Taxing matters: Schedule 36 Information Notices - all squared away

17 August 2020

Welcome to the third episode of our Taxing Matters podcast. In this series we review land-mark cases and key tax developments and discuss the commercial impact they could have on your business.

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Podcast

Insuring the sharing economy with Chris Moore

17 August 2020

Welcome to Insurance Covered! The podcast that looks at the inner workings of the insurance industry with the help of expert guests.

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Publication

RPC Sports Ticker (13 August 2020) – Salary caps, NBA return and esports

Published on 17 August 2020. By Jeremy Drew, Head of IP and Technology 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

Reflective loss in claims against solicitors and accountants after Marex

Published on 14 August 2020. By Nick Bird, Partner and Laura Stocks, Senior Associate

The so called "rule against reflective loss" has been clarified in an important decision handed down by the Supreme Court in Marex Financial Ltd v Sevilleja [2020] UKSC 31.

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Blog

Michael Vaughan - High Court declines to rectify contract to prevent tax charge

Published on 12 August 2020. By Constantine Christofi, Senior Associate

In (1) MV Promotions Ltd (2) Michael Vaughan v (1) Telegraph Media Group Ltd (2) HMRC [2020] EWHC 1357 (Ch), the High Court elected not to exercise its discretion to rectify a provision in a contract for services, despite a mutual mistake rendering one party liable for additional tax.

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Press and Media

RPC joins Sustainable Recruitment Alliance

Published on 11 August 2020. By Daniel Kulcsar, PR & Communications Manager

City headquartered law firm RPC has joined the launch of the Sustainable Recruitment Alliance, which encourages the UK graduate recruitment industry to find more sustainable ways of attracting early talent and reducing their carbon footprint.

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Blog

Too many cooks… 'Fit Kitchen' trade mark infringed

Published on 11 August 2020. By Ben Mark, Partner

On 29 July, Fit Kitchen Limited (FKL) won its case for trade mark infringement and passing off against Scratch Meals Limited (SML). Both FKL and SML provide healthy pre-prepared meals: FKL via an online subscription site, which allows users to customise meal choices, based on their individual macros and dietary preferences and SML, through the manufacture and sale of products to supermarkets.

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Blog

LIBOR claim by US agency will continue in London

Published on 10 August 2020. By Jake Hardy, Partner and Rosy Gibson, Associate

A decision in the London High Court has demonstrated that the fallout from the long-running LIBOR fixing scandal is far from over.

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Publication

General Liability newsletter – July 2020

10 August 2020

Welcome to the latest edition of our general liability newsletter, rounding up some the key cases from the last few months. This month we look at recent cases and government updates regarding: Ogden tables, fraudulent or exaggerated claims, consent orders, pre action disclosure applications and the vital importance of causation as an ingredient of negligence in addition to breach of duty.

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Publication

Lessons from Lockdown - Company Record Keeping

10 August 2020

Hong Kong law requires companies to keep copies of certain documentation and sufficient records of all business transactions. Documents must also be made available for inspection, including to shareholders and auditors.

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Video

Tales from COVID: Insurance in the time of coronavirus – Cyber

Published on 10 August 2020. By Peter Mansfield, Partner and Simon Laird, Global Head of Insurance

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

Hong Kong – Refusal to regrant injunction that lapsed during general adjournment successfully appealed

Published on 10 August 2020. By David Smyth, Senior Consultant

In a previous update dated 29 April 2020, we noted that a first instance court held that the general adjourned period (GAP), during which the Hong Kong courts were closed save for urgent and essential court business, did not generally extend the duration of an injunction which was granted on an urgent basis before the GAP commenced and listed for a "return date" during the GAP (for further details, see "General adjournment in Hong Kong does not extend duration of ex parte injunction", dated 29 April 2020).

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Blog

Hong Kong Courts – COVID-19 Update

Published on 10 August 2020. By Carmel Green, Partner

The general adjourned period (GAP), during which the courts were closed save for urgent and essential business, ended on 3 May 2020, enabling the courts to resume normal business in Hong Kong. Since then, the number of reported cases of COVID-19 in Hong Kong has approximately tripled following a third wave of infections.

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Snapshot

Snapshots Summer 2020

07 August 2020

A roundup of key legal developments for the modern commercial lawyer.

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Snapshot

Fake reviews probed by CMA

07 August 2020

What is the CMA’s investigation into misleading online reviews all about and what are websites doing to combat fake reviews?

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Snapshot

Data regulation and oral communications

07 August 2020

David Scott v LGBT Foundation Ltd [2020] EWHC 483 (QB) (3 March 2020)

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Snapshot

European Commission and EDPB lay out framework for privacy compliant contact tracing apps

07 August 2020

How do we balance the need for contact tracing with data protection regulation?

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Snapshot

COVID-19 testing and monitoring in the workplace

07 August 2020

Can employers test and monitor employees during the COVID-19 pandemic?

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Snapshot

CAP warns against promotion of “bad betting behaviours”

07 August 2020

What has CAP identified as promoting “bad betting behaviours”?

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Snapshot

ICO outlines priorities and regulatory approach during the coronavirus public health emergency

07 August 2020

How has the ICO reshaped its priorities for regulating UK data protection during COVID-19?

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Snapshot

ASA ruling on Missguided Ltd – the fine line between the mildly sexual and the objectification of women

07 August 2020

Were poster ads released by clothing company Missguided on public transport overly sexualised, inappropriate or likely to cause serious offence?

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Snapshot

ICO issues guidance on artificial intelligence: explaining the “black box”

07 August 2020

What steps do businesses need to take to comply with the ICO’s new guidance on artificial intelligence?

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Snapshot

Government publishes approach to post-Brexit trade deal with the EU

07 August 2020

What is the Government’s approach to a post-Brexit trade deal with the EU?

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Snapshot

WM Morrison Supermarkets plc v Various Claimants – Supreme Court rules on vicarious liability for unlawful disclosure of personal data by rogue employee

07 August 2020

Can an employer be held vicariously liable for the actions of a rogue employee leaking data?

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Snapshot

Ashley Judith Dawson-Damer v Taylor Wessing LLP – Court of Appeal rules on legal professional privilege and “relevant filing system” in subject access dispute

07 August 2020

Do paper files constitute a “relevant filing system” for the purposes of subject access requests (SARs)? Can legal professional privilege (LPP) be used to block a SAR made by a data subject that is owed a duty of “joint privilege” along with the lawyer’s primary client?

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Snapshot

GDPR Codes of Conduct and Certification schemes – the ICO is “open for business”

07 August 2020

What is the ICO doing to make it easier for industry specific sectors to comply with GDPR? What is the benefit to businesses in adopting accredited codes of conduct?

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Snapshot

ASA ruling on ASOS – use of “affiliate” for a marketing communication

07 August 2020

Is the use of “affiliate” sufficiently clear to identify an affiliate advertorial as a marketing communication?

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Snapshot

Continuing the free flow of personal data between the EU and the UK post-Brexit: DCMS Explanatory Framework for adequacy discussions

07 August 2020

How might the Explanatory Framework recently published by the Department for Digital, Culture, Media & Sport (DCMS) assist with enabling the continued free flow of data between the EU and the UK post-Brexit and how might the UK Government’s approach to the COVID-19 pandemic affect this?

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Snapshot

ASA ruling on Boohoo.com – “Up to x% off everything” and countdown clocks

07 August 2020

Can retailers use time limited offers on their website (eg using countdown clocks), and claim they have a sale of “up to x% off everything?”. Does the line “applicable to selected lines only” work as a disclaimer if not “all” your products benefit from the discount?

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Snapshot

Cookie walls and scrolling – updated EDPB guidance

07 August 2020

Are cookie walls permissible? Can scrolling through a website constitute “consent”?

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Snapshot

ASA ruling on ASTOK Ltd t/a TVBet – unsubstantiated superiority claims

07 August 2020

Did TVBet release ads which were misleading and unverifiable by claiming that they were #1 and that they had the biggest sports jackpot?

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Snapshot

Luxury and online marketplaces – the next chapter

07 August 2020

Coty v Amazon (C-567/18)

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Snapshot

Force majeure and circumstances beyond reasonable control

07 August 2020

2 Entertain Video Ltd v Sony DADC Europe Ltd [2020] EWHC 972 (TCC)

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Snapshot

ASA ruling on EE – misleading and ambiguous mobile network claims

07 August 2020

Can mobile network providers claim superiority for a service they provide on their network in their ads?

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Snapshot

Contractual discretion; implication of Braganza duty

07 August 2020

UK Acorn Finance Ltd v Markel (UK) Ltd [2020] EWHC 922 (Comm)

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Snapshot

Contractual estoppel; contractual representations

07 August 2020

Wallis Trading Inc v Air Tanzania Co Ltd [2020] EWHC 339 (Comm)

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Snapshot

Make sure the price is right: using reference pricing in ads – Committee of Advertising Practice releases update on pricing practices

07 August 2020

What are the key points to be considered when using reference pricing in your promotions?

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Snapshot

Contractual interpretation; limitation period for notifying claims

07 August 2020

Towergate Financial (Group) Ltd & Ors v Hopkinson & Ors [2020] EWHC 984 (Comm)

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Blog

RPC Bites #14

Published on 07 August 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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Snapshot

CAP’s new “Quick Guide to Advertising Consumer Surveys”

07 August 2020

How does the new “Quick Guide” ensure that marketing claims are made in a manner that complies with the CAP Code?

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Snapshot

A summary of the ASA Annual Report 2019

07 August 2020

What are the key points arising from the Advertising Standards Authority (ASA) 2019 annual report, published on 3 June 2020?

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Snapshot

Rogue online sellers up against new UK consumer-protection weapon

07 August 2020

What are the new powers granted to the UK’s Competition and Markets Authority (CMA) to combat rogue trading in the digital arena?

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Snapshot

Contractual interpretation; rectification

07 August 2020

Gwyn y Mor Ofto plc v Gwynt y Mor Offshore Wind Farm Ltd [2020] EWHC 850 (Comm)

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Snapshot

Consumer rights enhanced by the Omnibus Directive (part of the “New Deal for Consumers”)

07 August 2020

What exactly is the Omnibus Directive? And how is it strengthening consumer rights?

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