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Perspective - Blog

Tribunal confirms it has jurisdiction to consider an argument of abuse of process based on excessive delay on the part of HMRC

Published on 18 Jan 2023.

Tribunal allows taxpayers' appeals against discovery determinations and penalties and confirms it has jurisdiction to consider an argument of abuse of process based on excessive delay on the part of HMRC.

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Perspective - Podcast

Climate Activism and Insurance (With Peter Bosshard)

Published on 17 Jan 2023.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Peter Bosshard, Director of The Sunrise Project and Global co-ordinator of Insure Our Future. In this episode they discuss climate activism in the insurance industry.

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Press and Media

RPC expands real estate practice with the hire of Partner, Jon Ely

Published on 17 Jan 2023. By Jon Ely, Partner

International law firm RPC announced today that commercial property lawyer Jon Ely has joined the firm in Bristol as a Partner in the real estate practice.

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Perspective - Blog

Change in Control

Published on 16 Jan 2023. By Whitney Simpson, Of Counsel

As early as possible in a corporate transaction, you or one of your team should check the Financial Services Register (the "FCA Register"). The FCA Register will reveal whether or not the entity or one of the entities in the group you are purchasing is an Prudential Regulatory Authority ("PRA") and/or Financial Conduct Authority ("FCA") authorised firm, the Buyer (and to a certain extent the Seller) will need to consider the Change in Control Regime under Part 12 of the Financial Services and Markets Act 2000 ("FSMA").

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Perspective - Publication

Take 10 - 16 January 2023

Published on 16 Jan 2023. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Vakil, Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate and Megan Grew, Associate and Isabella Boag Taylor, Associate and Jessica Kingsbury, Associate and Niamh Greene, Trainee Solicitor

Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.

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Perspective - Blog

Waiver of a solicitor’s equitable lien: Candey Ltd v Russell Crumpler and another

Published on 16 Jan 2023. By Nick Bird, Partner and Laura Stocks, Partner and Cheryl Laird, Senior Associate (Scottish Qualified)

The Supreme Court has considered the circumstances in which a solicitor may waive or surrender their lien.

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Perspective - Publication

The Week That Was - 13 January 2023

Published on 13 Jan 2023. By Alan Stone, Partner and Ben Goodier, Partner and Alexandra Anderson, Partner and Tom Green, Partner and Katharine Cusack, Partner and Zoe Eastell, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Arash Rajai, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Perspective - Blog

St James’s Oncology v Lendlease: the value of project-specific amendments to JCT contracts

Published on 12 Jan 2023. By Arash Rajai, Partner and Claire Wilmann, Senior Associate

The recent judgment of the TCC in St James’s Oncology SPC Ltd (Project Co) v Lendlease Construction (Europe) Ltd and another provides a fascinating commentary on the importance of drafting a building contract that is tailored to deliver the needs of the employer and the end-user.

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Perspective - Blog

Lifting the veil on cyber threats for retailers

Published on 12 Jan 2023. By Bethan Griffiths, Senior Associate

Almost all UK businesses (approximately 98%) now operate online in some capacity, benefiting hugely from an increased use of online websites, social media accounts, and online banking

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Perspective - Blog

No loss? No Quincecare claim … the Supreme Court judgment in Stanford International Bank v HSBC

Published on 12 Jan 2023. By Jonathan Cary, Partner and Olivia Dhein, Knowledge Lawyer

The Supreme Court has handed down its judgment in Stanford International Bank Ltd v HSBC Bank plc, deciding that there was no pecuniary loss suffered by the Claimant and therefore no basis for a Quincecare claim.

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Perspective - Publication

Annual Insurance Review 2023

Published on 12 Jan 2023. By Simon Laird, Global Head of Insurance

Hello and welcome to RPC's Annual Insurance Review – a look back at the events that shaped the insurance market in 2022 and a look forward towards what to expect in 2023.

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Press and Media

RPC appoints its first independent non-executive director

Published on 12 Jan 2023.

International law firm RPC has announced the appointment of Béatrice Butsana-Sita as its first independent non-executive director (INED). Her appointment will take effect from today.

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Press and Media

What are the 8 key concerns insurers will face in 2023?

Published on 12 Jan 2023. By Simon Laird, Global Head of Insurance

Annual Insurance Review from international law firm RPC identifies ESG risks, climate change and cyber-attacks as top challenges.

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Press and Media

RPC advises senior management of AgriBriefing on acquisition by Mintec

Published on 11 Jan 2023. By James Mee, Partner and David Wallis, Partner and Ben Magahy, Senior Associate

International law firm RPC is advising the senior management of AgriBriefing on its announced acquisition by Mintec, a leading global provider of price data, analytics, and forecasts for agri-food, to create a market leading Price Reporting Agency (PRA) and Data Provider.

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Perspective - Blog

Court of Appeal confirms that management expenses were capital in nature and not deductible for Corporation Tax purposes

Published on 11 Jan 2023. By Keziah Mastin, Associate

In HMRC v Centrica Overseas Holdings Ltd [2022] EWCA Civ 1520, the Court of Appeal (CoA) confirmed that certain professional fees incurred in the run-up to the disposal of a subsidiary were expenses of management but also capital in nature and therefore not deductible for Corporation Tax purposes.

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Perspective - Blog

No need for perfection: ISDA Master Agreement default notice still valid where some errors made

Published on 10 Jan 2023. By Daniel Hemming, Partner and Olivia Dhein, Knowledge Lawyer

The High Court has decided that a default notice under an ISDA Master Agreement is still valid even if it does not contain wholly accurate statements of the amount of the payment not made, the confirmation of the trade, or the currency of the payment.

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Press and Media

UK’s biggest banks facing 109 class action lawsuits

Published on 09 Jan 2023. By Simon Hart, Partner and Daniel Hemming, Partner

41 outstanding cases relate to interest rate manipulation; 18 concern terrorist financing Litigation funders attracted by prospect of significant payouts

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Perspective - Blog

The NIS Regulations to expand to bring outsourced IT providers and managed service providers into scope

Published on 05 Jan 2023. By Richard Breavington, Partner and Helen Monachan, Associate

The UK's Network and Information Systems ("NIS") Regulations came into force in May 2018 to boost the level of security of network and information systems for the provision of essential services, such as transport, energy, water, health and digital infrastructure ("operators of essential services (OES)"). These Regulations also applied to digital services, such as online marketplaces, online search engines and cloud computing services ("relevant digital service providers (RDSPs)").

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Press and Media

Number of fines issued by the FCA more than doubled in 2022

Published on 04 Jan 2023.

The FCA issued 26 fines in 2022, compared to just 10 in 2021 The FCA is sending a clear message: misconduct will not be tolerated

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Perspective - Publication

Cyber_Bytes - Issue 48

Published on 04 Jan 2023. By Richard Breavington, Partner and Daniel Guilfoyle, Partner and Ian Dinning, Senior Associate and Rachel Ford, Partner and Christopher Ashton, Senior Associate and Bethan Griffiths, Senior Associate and Laura Thackeray, Senior Associate and Helen Monachan, Associate and Elizabeth Zang, Associate and Emanuele Santella , Associate

Welcome to Cyber_Bytes, our regular round-up of key developments in cyber, tech and evolving risks.

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Perspective - Blog

TGI…Thursday?

Published on 04 Jan 2023. By Megan Grew, Associate

What would you say if I offered you 100% of your salary and you only had to work four days a week? For the employees of 70 companies across the UK, this was their reality for the second half of 2022.

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Perspective - Blog

Tribunal orders HMRC to close its enquiry

Published on 04 Jan 2023. By Liam McKay, Senior Associate

Granting the taxpayer's application for a closure notice, the First-tier Tribunal held that there were no reasonable grounds for HMRC to maintain its enquiry into the taxpayer's claim to charity tax relief, instead concluding that HMRC must close its enquiry on the information and documentation it held.

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Perspective - Podcast

The 1906 San Francisco Earthquake (With Meredith Brasher)

Published on 03 Jan 2023.

Welcome to season 4 of Insurance Covered! The podcast that covers everything insurance. We are kicking off this year looking at the 1906 San Francisco Earthquake, with guest Meredith Brasher, host of the Insurance vs history podcast.

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Perspective - Snapshot

Snapshots Winter 2022

Published on 23 Dec 2022. By Oliver Bray, Senior Partner and David Cran, Head of IP & Tech

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

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Perspective - Publication

RPC Bites Christmas Bumper Issue #53 - is turkey off the menu this Christmas? Government sugar reduction targets not met amid HFSS delays

Published on 23 Dec 2022. 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. Enjoy!!

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Perspective - Publication

The Week That Was - 23 December 2022

Published on 23 Dec 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Sarah O'Callaghan, Senior Associate and Arash Rajai, Partner

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Perspective - Snapshot

CMA issues guidance on influencer marketing, including #ad for gifts (!)

Published on 23 Dec 2022. By Oliver Bray, Senior Partner

What is the CMA’s current stance on influencer marketing? And are they really insisting on #ad for gifts?

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Perspective - Snapshot

A move away from the formulaic approach to the contractual duty of good faith

Published on 23 Dec 2022. By David Cran, Head of IP & Tech

Compound Photonics Group Ltd; Faulkner v Vollin Holdings Ltd [2022] EWCA Civ 1371

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Perspective - Snapshot

Contract formation certainty of terms

Published on 23 Dec 2022. By David Cran, Head of IP & Tech

Cooper v Dnata Catering Services Ltd [2022] EWHC 2216 (Comm)

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Perspective - Snapshot

Contractual allocation of risk and common mistake

Published on 23 Dec 2022. By David Cran, Head of IP & Tech

John Lobb SAS v John Lobb Limited [2022] EWHC 2306 (Ch)

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Perspective - Blog

No need for late night panic: Court of Appeal decides that midnight e-filing is permissible

Published on 22 Dec 2022. By Simon Hart, Partner

The Court of Appeal recently considered the short, but important, procedural question of whether a document may be filed electronically at any time up to midnight on the date by which the document is due.

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Perspective - Blog

Great Peace confirmed: High Court decides that test for common mistake is settled

Published on 22 Dec 2022. By Simon Hart, Partner and Emily Saffer, Associate

The High Court has clarified the test to void a contract for common mistake in John Lobb S.A.S v John Lobb Ltd, confirming that the four part test laid down by the Court of Appeal in Great Peace Shipping Ltd v Ttsavliris Salvage (International) Ltd remains the relevant test.

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Perspective - Publication

Take 10 - December 2022

Published on 22 Dec 2022. By Keith Mathieson, Partner and Rupert Cowper-Coles , Partner and Alex Vakil, Partner and Alex Wilson, Partner and Samantha Thompson, Senior Associate and Nadia Tymkiw, Senior Associate and Mafruhdha Miah, Senior Associate and Alex Pollock, Associate and Thomas Otter , Associate and Megan Grew, Associate and Isabella Boag Taylor, Associate and Jessica Kingsbury, Associate and Niamh Greene, Trainee Solicitor

Welcome to RPC's Media and Communications law update for media lawyers. This month's digest reports on key media developments and the latest cases.

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Perspective - Snapshot

HSBC finds itself in hot water over climate change claims

Published on 22 Dec 2022. By Oliver Bray, Senior Partner

What does the ASA’s recent ruling on two HSBC adverts tell us about its approach to claims of greenwashing?

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Perspective - Publication

Lawyers Covered - December 2022

Published on 21 Dec 2022. By Will Sefton, Partner and Carmel Green, Partner and Peter Mansfield, Partner and Helen Young, Associate

Welcome to the latest edition of our Lawyers Liability & Regulatory Update, in which we look back over the last month at key developments affecting lawyers and the professional risks they face.

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Perspective - Blog

HMRC left in poor spirits following severe rebuke from the Tribunal

Published on 21 Dec 2022. By Harry Smith, Senior Associate

Penalty appeals related to alcohol inward diversion fraud upheld and HMRC evidence criticised.

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Perspective - Blog

SRA issues Warning Notice on solicitors' involvement in SLAPPs

Published on 20 Dec 2022. By Graham Reid, Partner and Charlotte Thompson, Associate

SLAPPs (aka 'Strategic Lawsuits Against Public Participation') is a term coined in the USA. They are becoming the object of increasing concern over here too.

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Perspective - Publication

It's a Wonderful Life, Insurance

Published on 20 Dec 2022. By Peter Mansfield, Partner

A swollen river rages through the town of Bedford Falls. It is Christmas Eve and, looking down upon the torrent, shivering on a bridge, is a woman, distraught and wounded by life's cruelties. She prepares to step over the railing. Her name is Insurance.

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Perspective - Publication

Financial Crime Time - Your update from RPC: 2022 Q4

Published on 20 Dec 2022. By Adam Craggs, Partner and Michelle Sloane, Partner

Welcome to the latest edition of our round-up of news making the headlines in the world of financial crime and compliance. Our aim is to give you an easily digestible, bite-sized overview of issues that are of interest and which may affect your business.

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Press and Media

Value of fines issued by ICO increases threefold in a year – from £4.8m to £15m

Published on 19 Dec 2022. By Richard Breavington, Partner

Fines relating to data breaches account for a third of the overall value The largest fine issued was £7.5m

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Perspective - Podcast

The confusing world of insurance jargon (With Ed Gaze)

Published on 19 Dec 2022.

Welcome to the final episode of Season 3 of Insurance Covered. As season 3 comes to a close we look to end on a high note. Peter is joined by returning guest Ed Gaze, CEO and founder of IRL, a platform to help launch new InsurTech's.

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Perspective - Publication

The Week That Was - 16 December 2022

Published on 16 Dec 2022. By Ben Goodier, Partner and Alan Stone, Partner and Zoe Eastell, Partner and Katharine Cusack, Partner and Felicity Strong, Partner and Peter Mansfield, Partner and Sarah O'Callaghan, Senior Associate

Welcome to The Week That Was, a round-up of key events in the construction sector over the last seven days.

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Perspective - Blog

The FTX fallout so far and what may come next

Published on 16 Dec 2022. By Dan Wyatt, Partner

The collapse of FTX Trading Ltd. has been as dramatic as it has been fast. Until then, FTX had been the second-largest exchange in the world.

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Perspective - Publication

Sports Ticker (15 December 2022) – Fury vs Chisora sponsorship, FIFA World Cup viewership and £400m bid for The Hundred – a speed-read of commercial updates from the sports world

Published on 15 Dec 2022. By Jeremy Drew, Head of Commercial and Joshua Charalambous, Partner and Samuel Coppard, Senior Associate and Joseph Akwaboa, Associate

In a fortnight which saw England defeated by France in the Qatar 2022 World Cup quarter-finals, we bring you updates on the £400m bid for The Hundred, EE and EXCEL Esports' sponsorship renewal and BetFred's sponsorship of the Fury v Chisora heavyweight title fight. We also feature updates on beIN MENA's record breaking Qatar 2022 World Cup viewership and the innovative AI generated art based on world cup match outcomes that will become NFTs.

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Perspective - Publication

RPC Bites #52 – trade mark wars: Red Bull v Bullards, Tesco v Lidl and Heineken v Virgin

Published on 14 Dec 2022. 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. Enjoy!!

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Press and Media

Edinburgh Reforms are 'a positive step in the right direction'

Published on 14 Dec 2022. By Whitney Simpson, Of Counsel

International law firm RPC says reforms will bring innovation and increased accessibility of consumer credit products

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Perspective - Blog

Court of Appeal finds that entrepreneurs' relief was available

Published on 14 Dec 2022. By Alexis Armitage, Senior Associate

Court of Appeal finds in favour of the taxpayers concluding that entrepreneurs' relief (now business asset disposal relief) was available as the qualifying time period to hold shares before disposal did not apply to trusts.

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Perspective - Blog

RICS publishes new guidance on cladding and valuation - Webinar on 16 December 2022

Published on 14 Dec 2022. By Katharine Cusack, Partner and Alexandra Anderson, Partner

Following the consultation earlier this year, as RPC previously reported, the Royal Institution of Chartered Surveyors ("RICS") has now published new guidance on cladding and valuation. The guidance aims to provide guidance to valuers undertaking valuations for secured lending purposes of domestic residential flats, within residential blocks of 5 or more storeys or 11 metres or more in height.

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Perspective - Podcast

Witness Familiarisation

Published on 12 Dec 2022.

In this episode of Taxing Matters, we demystify what is witness familiarisation and what is permitted by the tax tribunals and the courts with Dr Penny Cooper.

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Perspective - Publication

Empathetic leadership is key to understanding menopause in the workplace

Published on 09 Dec 2022. By Kelly Thomson, Partner

Employers, business leaders and managers must be proactive in understanding the realities of the menopause and providing appropriate support, writes Kelly Thomson

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