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Blog

The Art of the (Settlement) Deal

Published on 26 July 2019. By Laura Evans, Associate and Davina Given, Partner

According to the English Court of Appeal, giving up a right which the debtor does not even know he has is sufficient consideration for settling a debt. But the vexed question of what amounts to "good" consideration remains uncertain enough for those entering into a contract always to consider whether good consideration has been given. If in doubt, pay a nominal amount.[1]

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Blog

Make the most of a mediation - 10 Top Tips

Published on 25 July 2019. By Geraldine Elliott, Partner and Emma West, Associate

Preparation for a mediation is key- you get out what you put in. Here are our top 10 tips for making the most out of the mediation process to successfully settle your dispute.

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Publication

VAT update July 2019

23 July 2019

In this month’s update we report on (1) the revocation of the VAT (Finance) (EU Exit) Order; (2) a recent HMRC Brief that clarifies HMRC’s policy on the scope of VAT for transport services; and (3) new regulations which amend the rules on when VAT adjustments may be made following a change to the price of goods and services.

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Blog

Carlsberg in the clear on the inappropriate targeting of under-18s

Published on 22 July 2019. By Oliver Bray, Partner and Alyson Lloyd, Senior Associate

What steps do you need to take to ensure that age restricted products do not target the wrong audience?

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Press and Media

Top risks to the retail industry in 2019: RPC’s Retail Compass Summer edition 2019

19 July 2019

RPC, the City-headquartered law firm, has launched its Summer 2019 Retail Compass, its guide to the upcoming legal and policy changes affecting the retail industry.

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Blog

Pushing back on APP scams

Published on 18 July 2019. By Ian Dinning, Associate

An Authorised Push Payment (APP) is where a payer instructs their payment service provider, such as their bank, to send money from their account to another. These payments are usually made through the Faster Payment Service or CHAPS.

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Blog

"Alexa, my symptoms are…"

Published on 17 July 2019. By Chloe Scott, Trainee Solicitor

Amazon has announced that Alexa will now provide its users medical advice directly from the NHS website. This blog looks at the potential impacts of this change.

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Blog

Is it time for a three day weekend?

Published on 17 July 2019. By Chloe Scott, Trainee Solicitor

Reducing the number of days in work was an idea first explored by John Maynard Keynes in 1930 when he predicted that in the next 100 years the working week would only be 15 hours. Whilst his prediction has yet to come to fruition, an increasing number of businesses are switching to a four day week in light of claims of increased productivity and staff happiness.

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Publication

Corporate tax update July 2019

16 July 2019

Welcome to the latest edition of our Corporate Tax Update, written by members of RPC’s tax team. This month’s report includes summaries of the recent decision of the Upper Tribunal on corporate tax residence in Development Securities plc, two ECJ decisions on cross-border loss relief and yet another decision on the application of the ‘IR35’ rules.

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Blog

Marks & Spencer – 'free' wine supplied as part of a promotional offer was subject to VAT

Published on 16 July 2019. By Nicole Kostic, Senior Associate

In Marks and Spencer plc v HMRC [2019] UKUT 0182 (TCC), the Upper Tribunal (UT) has upheld the First-tier Tribunal's (FTT) decision that wine supplied 'free of charge' as part of a promotion was subject to VAT.

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Blog

MPs Vote to Lift Abortion Ban in Northern Ireland

Published on 15 July 2019. By Genevieve Isherwood, Associate

Last Wednesday MPs in Westminster voted in favour of lifting the abortion ban in Northern Ireland by a majority of 332 votes to 99. The passing of the amendment has been hailed as a historic day for women's rights but what does it mean practically?

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Blog

OWD – HMRC unable to permit temporary trading pending appeal

Published on 12 July 2019. By Michelle Sloane, Senior Associate

In OWD Ltd trading as Birmingham Cash and Carry (in Liquidation) and Anor v HMRC [2019] UKSC 30, the Supreme Court has held that HMRC does not have power under section 88C, Alcohol Duties Liquor Act 1979 (ALDA) or section 9, Commissioners for Revenue and Customs Act 2005 (CRCA), to permit temporary trading pending the determination of an appeal to the First-tier Tribunal (FTT) against HMRC's refusal to grant approval under the Alcohol Wholesalers Registration Scheme (AWRS).

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Blog

Guidance on misleading "faux fur" claims in clothes and accessories

Published on 09 July 2019. By Oliver Bray, Partner and Stuart Harris, Associate

The Committee of Advertising Practice (CAP) has issued an Enforcement Notice advising that retailers should be careful as to how they may unwittingly advertise products as "faux fur" when they may actually contain real animal fur.

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Publication

Retail Compass Summer edition 2019

09 July 2019

Welcome to the Summer 2019 edition of Retail Compass – our guide to key upcoming legal and policy changes affecting Retail and our thoughts on the need-to-know issues.

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Blog

Spurs suffer Champions League defeat to the Advertising Standards Authority

Published on 08 July 2019. By Stuart Harris, Associate and Charlie Gould, Trainee Solicitor

Spurs' heartbreak in Madrid was not the only loss they suffered on their Champions League journey this year. A tweet from Spurs announcing their line-up for their knock-out game against Borussia Dortmund featured the gambling operator William Hill, and was ruled to contravene the CAP Code.

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Blog

FCA announces new rules on peer-to-peer lending

Published on 08 July 2019. By Ashley Daniells, Associate

The FCA has published its policy statement on peer-to-peer (P2P) lending following a lengthy public consultation into the crowdfunding industry in general. The policy statement introduces a large number of new rules for P2P platforms and includes restrictions on direct marketing to non-sophisticated / high net worth investors unless they are receiving regulated advice, and ensuring such investors do not place more than 10% of their investable capital in P2P platforms.

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Blog

Brexit: A blessing or a curse for accountants?

Published on 08 July 2019. By Matthew Watson, Associate

A recent survey has indicated that the accountancy profession is well placed to accommodate the uncertainties surrounding Brexit.

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Snapshot

Government consults on HFSS advertising

05 July 2019

What are the Government’s new proposals for advertising restrictions for High in Fat, Salt or Sugar (HFSS) products?

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Snapshot

ASA rules that Chupa Chups ads don’t suck

05 July 2019

If you’re careful about placement and knowing the demographic of your audience, how safe are you showing ads for products high in fat, salt or sugar (HFSS)? And what about using characters and celebrities popular with children for sugar-free products, which may be synonymous with the core HFSS range?

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Snapshot

Tottenham Hotspur rapped by ASA for use of young player in betting tweet

05 July 2019

When is it possible to feature an individual under the age of 25 in a gambling ad?

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Snapshot

CAP and BCAP issue gambling advertising guidance

05 July 2019

What must you do in order to ensure a gambling ad is not aimed towards children?

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Snapshot

Betfred avoids irresponsible gambling ad breach

05 July 2019

When does an ad showing characters gambling during everyday activities cross the socially responsible line in the BCAP Code?

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Snapshot

ASA uses child avatars to tackle irresponsible gambling ads targeted at children

05 July 2019

How has the ASA’s introduction of new technology, such as child avatars, impacted on ad monitoring and enforcement?

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Blog

Serving up the truth, the whole truth and nothing but the truth?

Published on 05 July 2019. By Davina Given, Partner

The Court has reminded us that the duty of full and frank disclosure applies to any application made without notice to the other party. Although this is most typically an issue in applications for injunctions, permission to serve a claim out of the jurisdiction was recently set aside on the grounds of the claimant's failure to disclose to the Court a potential limitation defence to the claim.(1)

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Blog

The Medical Devices Regulation 2017 and good business practice

Published on 05 July 2019. By Peter Rudd-Clarke, Legal Director

When it comes to risk management, businesses in general should take note of the issues covered by the Medical Devices Regulation 2017

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Snapshot

Philip Morris burned by its own internal rules on influencer marketing

04 July 2019

How careful do you need to be when using youthful-looking influencers to promote e-cigarettes?

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Snapshot

CAP: naming prize winners and marketing to children

04 July 2019

When is it necessary to obtain the consent of a parent or guardian to use a child’s data for marketing? What process should be adopted in terms and conditions for announcing winners of competitions and prize draws?

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Snapshot

Judicial review of ASA decision on “average consumer” test

04 July 2019

Had the Advertising Standards Authority (ASA) correctly applied the “average consumer” test when deciding that the use of the term “fibre” in ads for part-fibre broadband was not materially misleading?

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Snapshot

“Was/now” price claims: Zestify Media

04 July 2019

What price can be stated as the “was” price to represent a genuine saving when compared with the “now” price?

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Snapshot

ASA ruling on Vodafone pricing

04 July 2019

Did Vodafone exaggerate the price at which it could offer consumers broadband?

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Snapshot

CAP issues guide on comparative advertising campaigns

04 July 2019

What must marketers consider when running a comparative advertising campaign?

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Snapshot

Lidl held to mislead consumers with cheesy price comparison

04 July 2019

In making price comparisons with a competitor, do you need to take account of their promotional pricing?

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Snapshot

“New Deal for Consumers” Directive

04 July 2019

What is the “New Deal for Consumers” Directive? Where has it got to? And how will it impact my business?

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Snapshot

CMA investigates customers’ auto-renewal terms in online gaming terms and conditions

04 July 2019

How might the CMA’s investigation into auto-renewals and other potentially unfair terms in online gaming contracts affect wider industry?

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Snapshot

No obligation to provide consumer telephone lines: Amazon

04 July 2019

In the proceedings brought by the German federation of consumer associations against Amazon, the Advocate General found that a trader does not have to provide a telephone number as long as the consumer can contact the trader quickly, the information provided is clear and accessible and communication can happen effectively.

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Snapshot

Pensions company fined for unsolicited emails following inaccurate advice

04 July 2019

How far can you avoid culpability for a data marketing data breach on the grounds that you were given faulty legal advice or that a third party conducted the marketing campaign on your behalf?

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Snapshot

PPI claims company fined £120,000 by the ICO for spam texts

04 July 2019

Will a data controller be held responsible where a third party acting on its behalf breaches data privacy laws?

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Snapshot

HMRC issued enforcement notice by ICO for use of biometric data

04 July 2019

When is consent sufficient for collecting, processing and using biometric data?

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Snapshot

ICO: Age Appropriate Design Code for information society services

04 July 2019

What steps does the Information Commissioner’s Office (ICO) require to ensure adequate protection of children online?

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Snapshot

Pre-ticked boxes and cookies consents: Planet49

04 July 2019

Is unticking a box sufficient to meet the consent requirements for the installation of cookies? Separately, can you agree to sharing your data with third parties in order to gain entry to a prize draw?

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Snapshot

European Data Protection Board issue guidelines on contractual processing for online services

04 July 2019

When is it appropriate for Information Society Services (ISSs) to process personal data on the basis that it is “necessary for the performance of a contract”?

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Snapshot

Notifying data subjects of processing under the GDPR

04 July 2019

What are proportional measures to take when meeting the informational obligation imposed on data controllers?

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Snapshot

New EU Platform for Business Regulation: improving fairness of the trading practices of online platforms

04 July 2019

What are the EU’s proposals for improving trading practices in the online economy?

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Snapshot

Internet of Things – DCMS consultation on security for consumers

04 July 2019

What are the Government’s proposals for ensuring the security of everyday items which are always connected to the internet (Internet of Things)?

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Snapshot

Government response to DCMS report on disinformation and fake news

04 July 2019

What does the Government’s response to the Digital, Culture, Media and Sport (DCMS) select committee report on disinformation mean for businesses with an online presence?

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Snapshot

Online Harms White Paper proposes regulatory framework to entrench online safety

04 July 2019

Can the UK become the safest place in the world to go online?

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Snapshot

Fraudulent Misrepresentation and non-party losses

03 July 2019

What are the requirements for fraudulent misrepresentation? Can a non-party supplier claim loss of profit under a terminated contract?

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Snapshot

‘Relational’ contracts and the implied duty of good faith

03 July 2019

Which characteristics will the court consider when deciding whether a contract is “relational” and therefore subject to an implied duty of good faith?

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Snapshot

Benefiting from the Contracts (Rights of Third Parties) Act

Published on 03 July 2019. By David Cran, Partner

Can third parties that are not easily identifiable benefit from the Contracts (Rights of Third Parties) Act 1998?

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